Facing Robbery Charges in Union County, NJ? Your Defense Starts Here with Brett M. Rosen, Esq.
Robbery Attorney Union County, NJ
Have you been arrested or charged with robbery in Union County, New Jersey? A robbery charge in Union County, NJ is a serious matter with potentially life-altering consequences. The mere accusation can damage your reputation, cost you your freedom, and severely restrict your future opportunities. Now is not the time to face the legal system alone.
Brett M. Rosen, Esq., is a leading criminal defense lawyer in New Jersey with a proven track record of success in defending clients against robbery charges in Union County. We understand the complexities of New Jersey’s robbery laws, the nuances of the local court system, and the aggressive tactics employed by prosecutors. Our unwavering commitment to our clients, combined with our aggressive advocacy, sets us apart as the go-to choice for those facing robbery charges in Union County. Contact us today for a free consultation at 908-312-0368 or email us at brett@nynjcriminalcivilesq.com.
Understanding Robbery Charges in Union County, New Jersey
Robbery is a serious crime in Union County, New Jersey, defined as the unlawful taking of property from another person through the use of force or threat of force. It’s a crime against both property and person, making it a serious offense with significant penalties.
N.J.S.A. 2C:15-1: New Jersey’s Robbery Statute
This statute outlines the various forms of robbery, each with its own set of elements and potential penalties.
- Robbery: The basic definition involves the use of force or threat of force to take property from another person.
- Armed Robbery: This occurs when a deadly weapon is used during the robbery.
- Carjacking: A specific type of robbery that involves taking a motor vehicle by force or threat of force.
Elements of Robbery
To convict someone of robbery, the prosecution must prove the following elements beyond a reasonable doubt:
- The Taking of Property: The accused must have taken property from another person. This can include money, jewelry, electronics, or any other tangible item of value.
- From the Person or Their Presence: The property must be taken directly from the victim or from their immediate vicinity.
- By Force or Threat of Force: The accused must have used physical force or threatened to use force to obtain the property. This can include actual physical violence, intimidation, or threats of violence.
The Severity of Robbery Charges: Penalties and Consequences
The penalties for robbery in Union County, New Jersey are severe and can include:
- Second-Degree Crime: Most robbery offenses are considered second-degree crimes, punishable by 5 to 10 years in state prison.
- First-Degree Crime: Armed robbery and carjacking are typically classified as first-degree crimes, punishable by 10 to 20 years in state prison.
- Fines: You may face hefty fines, potentially reaching tens of thousands of dollars.
- Restitution: The court may order you to pay restitution to the victim for any financial losses or injuries suffered during the robbery.
- Criminal Record: A robbery conviction will result in a permanent criminal record, which can have devastating consequences on your employment prospects, housing opportunities, and other aspects of your life.
- Other Consequences: Additional penalties may include probation, community service, and restrictions on your firearm rights.
N.J.S.A. 2C:15-1 Penalties: New Jersey Robbery Charges and Consequences
Offense | Degree of Crime | Prison Sentence | Fine | Additional Penalties & Notes |
Robbery | 2nd Degree | 5 – 10 years | Up to $150K | 85% parole ineligibility (NERA) |
Robbery with attempting to kill anyone | 1st Degree | 10 – 20 years | Up to $200K | 85% parole ineligibility (NERA), possible extended term if victim is 60+ |
Robbery with Serious Bodily Injury | 1st Degree | 10 – 20 years | Up to $200K | 85% parole ineligibility (NERA) |
Robbery While Armed | 1st Degree | 10 – 20 years | Up to $200K | 85% parole ineligibility (NERA), Graves Act may apply |
Robbery with Threat of or Use of Force | 2nd Degree | 5 – 10 years | Up to $150K | 85% parole ineligibility (NERA) |
How Brett M. Rosen, Esq. Can Defend You Against Robbery Charges in Union County, NJ
Facing robbery charges in Union County, NJ can be a terrifying experience. It’s crucial to have an experienced and knowledgeable attorney on your side who can fight for your rights and protect your future. Brett M. Rosen, Esq., is dedicated to providing you with the aggressive defense you need. We will:
Thoroughly Investigate the Case: We will leave no stone unturned in our investigation, examining all evidence, including witness statements, surveillance footage, and any forensic evidence. We will also interview potential witnesses and explore any leads that could support your defense.
Challenge the Prosecution’s Case: We will rigorously scrutinize the evidence against you, cross-examine witnesses, and challenge the prosecution’s theory of the case. We will look for any inconsistencies, biases, or procedural errors that could weaken their case.
Identify and Pursue Legal Defenses: We will tailor a defense strategy to your unique circumstances, exploring all available legal options.
Negotiate with Prosecutors: We will work tirelessly to negotiate with the prosecution to seek reduced charges, alternative sentencing options, or dismissal of the case if possible. We have a proven track record of success in negotiating favorable outcomes for our clients.
Provide Aggressive Representation in Court: If your case goes to trial, we will provide you with experienced and zealous representation in court. We will fight for your rights, challenge the prosecution’s evidence, and present a compelling case in your defense.
Potential Defenses Against Robbery Charges in Union County
Every robbery case is unique, and the most effective defense strategy will depend on the specific facts and circumstances. However, some common defenses we may explore include:
False Accusation: We will thoroughly investigate the motivations and credibility of the accuser. If we can demonstrate that the accusation is false or motivated by malice, revenge, or other ulterior motives, it can be a powerful defense.
Mistaken Identity: If there is evidence suggesting that you were misidentified as the perpetrator, we will present this to the court. This could include alibi witnesses, discrepancies in physical descriptions, or faulty eyewitness identification procedures.
Lack of Intent: For some robbery charges, the prosecution must prove that you had the specific intent to commit a theft. We may be able to argue that you did not have the required intent or that your actions were not intended to cause fear or harm.
Intoxication or Duress: In certain situations, intoxication or duress may be a defense to robbery charges. If you were under the influence of drugs or alcohol or were coerced into committing the robbery, we can explore this defense and its potential impact on your case.
Insufficient Evidence: If the prosecution’s case lacks sufficient evidence to prove the elements of robbery beyond a reasonable doubt, we can argue for dismissal of the charges.
Illegal Search and Seizure: If law enforcement violated your Fourth Amendment rights against illegal search and seizure, any evidence obtained may be inadmissible in court, weakening the prosecution’s case.
Self-Defense: If you used force to protect yourself or another person from harm, and the force used was reasonable under the circumstances, this could be a valid defense to robbery charges.
Frequently Asked Questions About Robbery Charges in Union County
What should I do if I am accused of robbery in Union County, NJ?
The most important thing is to remain silent and immediately contact an experienced criminal defense attorney like Brett M. Rosen, Esq. Do not speak to the police or anyone else about the incident without legal counsel present.
Can a robbery charge be downgraded in New Jersey?
In some cases, depending on the specific circumstances and the strength of the evidence, a robbery charge may be downgraded to a lesser offense, such as theft or assault.
Will a robbery conviction affect my immigration status?
If you are not a U.S. citizen, a robbery conviction can have serious immigration consequences, including deportation.
What is the difference between robbery and theft?
Robbery involves the use of force or threat of force to take property, while theft does not. Theft is generally a less serious offense than robbery.
What is the difference between armed robbery and robbery?
Armed robbery is a more serious form of robbery that involves the use of a deadly weapon, such as a gun or knife. It carries harsher penalties than robbery without a weapon.
What is the statute of limitations for robbery in New Jersey?
There is a statute of limitations for robbery in New Jersey, meaning that the prosecutor has five years to bring charges of robbery after the alleged offense occurred.
FAQs Continued
- What are the elements of a robbery charge in New Jersey?
To be convicted of robbery in New Jersey, the prosecution must prove several elements beyond a reasonable doubt:
- Taking of property: You must have taken property from another person or their presence.
- Use of force or threat of force: The taking must have involved the use of force or the threat of immediate bodily injury.
- Intent to permanently deprive: You must have intended to permanently deprive the owner of the property.
- What are the potential defenses against a robbery charge?
Aside from the common defenses like alibi, mistaken identity, or lack of evidence, some robbery-specific defenses could include:
- Lack of force or threat: If the prosecution can’t prove the use or threat of force, the charge could be reduced to a lesser offense like theft.
- Claim of right: If you genuinely believed you had a legal right to the property, it might negate the intent to permanently deprive.
- Intoxication or diminished capacity: While not a complete defense, intoxication or a mental condition could impact your ability to form the required intent for robbery.
- How does the value of the stolen property affect the severity of the charge?
In New Jersey, the value of the property taken can influence the aggravating factors of the robbery charge and the potential penalties. Higher value items may lead to the prosecutor taking the charges much more seriously.
- Can I be charged with robbery even if I didn’t physically take the property myself?
Yes, under accomplice liability laws, you can be charged with robbery if you aided or abetted another person in committing the crime, even if you weren’t the one who physically took the property.
- What is the difference between first-degree and second-degree robbery in New Jersey?
- First-degree robbery: This is the more serious charge and typically involves the use of a deadly weapon, inflicting serious bodily injury, or attempting to kill during the robbery.
- Second-degree robbery: This generally involves the use of force or threat of force but doesn’t involve a weapon or serious injury.
- What if I’m falsely accused of robbery?
Being falsely accused of any crime is distressing. If you’re facing false robbery accusations, it’s crucial to contact an attorney immediately. They can help you gather evidence to prove your innocence, challenge the accuser’s credibility, and protect your reputation.
Don’t Face Robbery Charges Alone – Contact Brett M. Rosen, Esq. Today
Facing robbery charges in Union County is a daunting prospect. It’s crucial to seek legal counsel immediately. Brett M. Rosen, Esq. has extensive experience defending clients against these serious charges in Union County. We are committed to providing you with the compassionate support, experienced guidance, and aggressive advocacy you need during this difficult time.
We will fight tirelessly to protect your rights, reputation, and future.
Call us today at 908-312-0368 or email us at brett@nynjcriminalcivilesq.com for a free and confidential consultation.