What’s the Difference Between Robbery, Burglary, & Theft in Union County, NJ?

What’s the Difference Between Robbery, Burglary, & Theft in Union County, NJ?

The terms theft, robbery, and burglary are often used interchangeably in casual conversation, but within the legal system in Union County, New Jersey, these terms carry distinct meanings and have different consequences. These charges carry the possibility of jail or prison time, as well as heavy fines and court costs. If you or a loved one face charges related to any of these offenses in Union County, it’s imperative to understand the differences, the potential penalties, and the available defenses to build a strong legal strategy.

Charged with a Theft-Related Crime? Know the Specifics & Secure Your Defense with Brett M. Rosen, Esq.

Theft, Robbery, & Burglary: The Legal Definitions

1. Theft

Theft, the broadest category, encompasses the unlawful taking of another person’s property without their consent, intending to permanently deprive the owner of its use or benefit. This can include:

• Shoplifting
• Embezzlement
• Fraud
• Receiving stolen property
• Theft of services

Key Elements of Theft:

• Taking: The physical act of taking possession or control of another’s property
• Property: Any tangible or intangible item of value
• Without Consent: The taking occurs without the owner’s permission
• Intent to Deprive: The purpose of permanently depriving the owner of their property

Penalties for Theft in NJ

The severity of theft charges and the potential penalties depend on the value of the stolen property.

• Less than $200: Disorderly persons offense
  
  • Up to 6 months in jail
  • Fines up to $1,000
• $200 to $500: Fourth-degree crime
  
  • Up to 18 months in prison
  • Fines up to $10,000
• $500 to $75,000: Third-degree crime
  
  • 3 to 5 years in prison
  • Fines up to $15,000
• Over $75,000: Second-degree crime
  
  • 5 to 10 years in prison
  • Fines up to $150,000

2. Robbery

Robbery is a more serious offense than theft, as it involves using force or the threat of force to take property from another person. The focus is on the taking of property directly from a person, usually involving violence or intimidation.

Key Elements of Robbery:

• Theft: The unlawful taking of another person’s property
• Force or Threat of Force: The use of physical force, or the threat of immediate bodily injury, to accomplish the theft.
• In the Course of Committing a Theft: The force or threat must occur during the attempt, commission, or immediate flight after the theft.

Penalties for Robbery in NJ

• Second-Degree Crime: In most cases, robbery is charged as a second-degree crime, punishable by:

  • 5 to 10 years in prison
  • Fines up to $150,000

• First-Degree Crime: Robbery can be elevated to a first-degree crime if any of the following aggravating factors are present:

  • The actor attempts to kill anyone during the robbery.
  • The actor purposely inflicts or attempts to inflict serious bodily injury.
  • The actor is armed with, or uses or threatens the immediate use of a deadly weapon.
  • First-degree robbery is punishable by:
    
    • 10 to 20 years in prison
    • Fines up to $200,000

3. Burglary

Burglary involves entering a structure without permission with the intent to commit an offense inside. The focus is on the unlawful entry into a building or other structure, not necessarily the taking of property.

Key Elements of Burglary:

• Entering a Structure: Unauthorized entry into a building, dwelling, or other structure.
• Without License or Privilege: The entry must be without the owner’s or occupant’s permission.
• With the Purpose to Commit an Offense: You must have the intent to commit a crime (theft, assault, etc.) once inside the structure.

Penalties for Burglary in NJ

• Third-Degree Crime: In most cases, burglary is charged as a third-degree crime, punishable by:

  • 3 to 5 years in prison
  • Fines up to $15,000

• Second-Degree Crime: Burglary can be elevated to a second-degree crime if any of the following aggravating factors are present:

  • The structure entered is a dwelling.
  • The actor is armed with or displays what appears to be a deadly weapon.
  • The actor threatens another with immediate bodily injury.
  • The actor purposely, knowingly, or recklessly inflicts or attempts to inflict bodily injury on anyone.
  • Second-degree burglary is punishable by:
    
    • 5 to 10 years in prison
    • Fines up to $150,000

Key Differences Summarized

Potential Defenses for Theft, Robbery, & Burglary Charges

The specific defense strategies employed will depend on the unique circumstances of your case. However, here are some common defenses that may be applicable:

• Lack of Intent: The prosecution must prove that you had the specific intent to commit the crime. If we can demonstrate that you lacked this intent, the charges may be reduced or dismissed. This might involve arguing that you:
  
  • Mistakenly took the property
  • Intended to return the property
  • Were acting under duress or coercion
• Consent or Permission: If you had the owner’s consent or believed you had permission to take or enter the property, this can be a valid defense.
• Insufficient Evidence: If the prosecution lacks sufficient evidence to prove the elements of the offense, we will challenge the charges and seek a dismissal or acquittal.
• Illegal Search and Seizure: If law enforcement obtained evidence against you through an illegal search or seizure, we can file a motion to suppress that evidence.
• Other Defenses: Depending on the specific facts of your case, other defenses might be applicable, such as:
  
  • Alibi: If you were somewhere else at the time of the alleged crime
  • Intoxication or Mental Impairment: In some cases, these factors can affect your ability to form criminal intent
  • Entrapment: If law enforcement induced you to commit a crime you wouldn’t have otherwise committed

Frequently Asked Questions About Theft, Robbery, & Burglary in Union Township, NJ

1. What should I do if I’m accused of theft, robbery, or burglary?

   • The most important thing is to remain silent and contact an attorney immediately. Do not speak to the police or anyone else about the incident without legal counsel present. An experienced criminal defense attorney can protect your rights and guide you through the legal process.

2. Can I be charged with robbery even if I didn’t actually take anything?

   • Yes, the mere attempt to commit a theft while using or threatening force is enough to constitute robbery.

3. What if I was just trespassing and didn’t intend to commit a crime?

   • If you can prove you entered the structure without the intent to commit a crime, it could be a defense against burglary charges. However, proving lack of intent can be challenging and requires a strong legal strategy.

4. Can I get a theft, robbery, or burglary charge expunged from my record?

   • The possibility of expungement for burglary or a theft charge is likely. However, it is much more difficult to expunge a robbery conviction. It is wise to consult a qualified attorney, like Brett M. Rosen, Esq., to discuss your options.