What constitutes robbery in New Jersey?
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What Constitutes Robbery in New Jersey?
Robbery is a pretty serious crime that can lead to some hefty punishments if your convicted. But what exactly is robbery? And how is it different from just regular theft or burglary? This article will break it all down for you so you understand what robbery is, what the penalties are, and how it’s prosecuted in New Jersey.
The Legal Definition
Okay, first things first – let’s look at how robbery is actually defined legally in New Jersey. The criminal statute defining robbery is N.J.S.A. 2C:15-1. It says that a person commits robbery if, in the course of committing a theft, he or she:
- Inflicts bodily injury or uses force upon another;
- Threatens another with or purposely puts him in fear of immediate bodily injury;
- Commits or threatens immediately to commit any crime of the first or second degree.
So in a nutshell, robbery involves using force or threats of force while committing a theft. The force or threats don’t have to happen before or after the theft – just “in the course” of it. This is a key distinction between robbery and regular theft. With theft, force or threats aren’t involved.
How Robbery Differs from Burglary
A common misconception is that robbery and burglary are the same crime. But in reality, they are very different! Burglary is defined as unlawfully entering a building or occupied structure with the purpose to commit an offense therein. Robbery, on the other hand, requires force or threats of force against a person, not just entering a structure. So if someone breaks into an empty home to steal stuff, that would be burglary but not robbery. Robbery requires taking property directly from another person using violence or intimidation.
Degrees of Robbery
Not all robberies are treated equally under the law. There are three degrees of robbery in New Jersey:
- First Degree Robbery – This is the most serious degree. It involves robbery while armed with or having access to a deadly weapon, or where the victim suffers serious bodily injury. First degree robbery carries a penalty of 10-20 years in prison.
- Second Degree Robbery – This involves robbery where the perpetrator simply threatens the victim with bodily injury. It carries a penalty of 5-10 years in prison.
- Third Degree Robbery – This is the lowest degree and involves robbery where limited force is used or threatened. The prison term can be 3-5 years.
So you can see the punishments get harsher as the level of force and harm caused to victims increases. Prosecutors will look at the specific circumstances to determine which degree of robbery is appropriate.
Defenses to Robbery Charges
If your accused of robbery, there may be defenses that your attorney can use to fight the charges. For example:
- Misidentification – This argues the prosecution has the wrong person and you weren’t the robber.
- Duress – This claims you only committed the robbery because someone threatened you with harm if you didn’t.
- Intoxication – This argues you were so impaired by drugs or alcohol that you couldn’t form the intent to commit robbery.
An experienced criminal defense lawyer will look at the facts of your case to determine the best defense strategies to pursue. Don’t just plead guilty without exploring your options.
Recent Robbery Cases and Trends in New Jersey
Some recent robbery cases and trends in NJ include:
- Jewelry store robberies – In 2022 and 2023, there have been a rash of armed robberies targeting jewelry stores, including several stores in Jersey City and other parts of NJ [4].
- 7-Eleven robberies – A string of over 10 armed robberies occurred at 7-Eleven stores across New Jersey in 2021. Two men involved were recently sentenced to decades in prison [6].
- Smash-and-grab robberies – There have been some brazen smash-and-grab style robberies where suspects smash display cases and grab merchandise in jewelry or high-end stores [5].
So robbery continues to be an issue in New Jersey, with organized theft rings and armed robberies of retail establishments seeming to be common recent trends. Law enforcement devotes significant resources to catching and prosecuting robbery suspects in the state.
Conclusion
Hopefully this breakdown gives you a better understanding of what constitutes robbery under New Jersey law. The key is that it involves theft by force or threats of force against a person – not just taking property. There are degrees based on the harm caused to victims. And if your charged with robbery, be sure to consult an experienced criminal defense attorney to look at possible defenses. Robbery is not a charge you want to just plead guilty to without exploring your options first!