A conviction for robbery requires the state to make a showing that the accused used force while “in the course of committing a theft.” These types of crimes have become increasingly common and the suspects are normally teenagers, young adults, or even juveniles. Common items that are normally stolen in these cases include cell phones, sneakers, or even ball caps. Many people think these acts are considered petty crimes because there is no weapon involved and the item stolen is just a set of headphones or another everyday item. However, you couldn’t be farther from the truth because this is categorized as a “strong armed” Robbery which is graded as a second degree indictable crime punishable by 5 – 10 years in state prison. Essentially, the elements of robbery are simply Simple Assault and Theft. On the other hand, if a weapon was involved, the defendant can be charged with a first degree crime and face up to 20 years of incarceration.
In New Jersey, first and second degree crimes are the most egregious offenses for which you can be arrested and charged. Unlike relatively lower-level third and fourth degree indictable offenses, first and second degree crimes generally require the Judge to send you to state prison upon conviction.
Lesser criminal offenses are normally heard in the Bayonne Municipal Court but because robbery involves felony charges the suspect, if arrested, would have to appear in the Hudson County Superior Court to address the allegations. Any time you are charged with a felony it is important that you speak with an experienced criminal defense attorney about the penalties and your options. Call (201) 793-8018 for a free consultation about your Bayonne robbery case.
Charged With Robbery in Bayonne NJ
In a recent case that gives you an idea of how simple circumstances can quickly spiral into robbery charges, Bayonne police reported that recently a Bayonne man who robbed from behind right after he had gotten off a light rail train. The robber ended up stealing a trendy and expensive set of headphones from the victim. The victim, 23, told police he was walking west on 22nd Street around 12:45 a.m. when he was shoved in the back by a man described as between 5-10 and 6-foot, wearing a dark hooded sweatshirt and blue jeans. According to police reports, the assailant then punched the man several times in the head and body.
Some people driving past witnessed the incident and tried to stop the robber, but the assailant got away with the victim’s Beats by Dre headphones, valued at $300, police said. The police are still actively investigating the incident. For more information on this article you can visit nj.com to read the original article.
Robbery Defense Lawyers in Bayonne, New Jersey
Often, robbery cases fit the legal definition of the crime but there may be mitigating circumstances allowing for a lesser degree of crime to be charged. For example, a robbery may just be a simple theft from a person in the third degree. To illustrate this idea, think of facts surrounding a common purse snatching. What if you while feeling the symptoms of withdrawal from substances, you decide to steal a woman’s purse for the cash that may be inside. You are running down the street and you grab her purse, she is subsequently knocked to the ground, and is injured. You could be charged with robbery, but the fact that she fell is not intentional and it could be categorized as reckless. This means that the crime should really be considered theft, not robbery. The argument could be made to lower the offense to a crime of third-degree theft, as opposed to robbery.
Also, in some cases, if a drug problem can be substantiated, you may be able to enroll in Drug Court for robbery in the second degree. Aside from downgrading a robbery charge, this could serve as another viable way to avoid jail when charged with such a crime. The bottom line is, no two robbery cases are alike and knowing all of your options for a successful defense based on the facts and circumstances is the best way to achieve a positive outcome. Contact us (201) 793-8018 to speak with an experienced Bayonne robbery defense lawyer who can further advise and assist you. Consultations are free and a member of our team is available now to provide answers to your specific questions.
