Robbery & Assault Charges

Robbery in the State of New Jersey

The crime of Robbery is considered a serious violent felony in State of New Jersey.   In simple terms, a Robbery is defined as a forcible taking of property.  In other words, a Robbery is a theft, with force.  This force can be actual physical force or the threat of “immediate use of physical force upon another person”.    

First Degree Robbery / Armed Robbery

First Degree Robbery occurs if, in the course of committing the theft, the actor attempts to kill anyone, or purposely inflicts, or attempts to inflict, serious bodily injury, or is armed with, or uses or threatens, the immediate use of a deadly weapon.  

First Degree Robbery is a crime which carries a penalty between ten to twenty years in New Jersey State Prison.  Additionally, a conviction under the statute requires you serve 85% of your sentence.    

Second Degree Robbery / Unarmed Robbery  

Second Degree Robbery occurs when, in the course of committing a theft, a person inflicts bodily injury, or uses force upon another; or threatens another with or purposely puts him in fear of immediate bodily injury.

It is important to know that the phrase “in the course of committing a theft” includes an attempt to commit theft or in immediate flight after the attempt or commission.  

Second Degree Robbery is a crime which carries a penalty of between five to ten years in New Jersey State Prison.  Additionally, a conviction under the statute requires you serve 85% of your sentence.   

It is important to know New Jersey statute and case law make clear that as long as the victim believes the weapon to be a threat, it does not matter whether or not the weapon is real or fake, operable or inoperable.  

The statutory language, “use of a deadly weapon”, applies to any item (i.e. baseball bat, hammer, shovel, etc) used in a matter other than its intended use.  

While it is clear that the crime of Robbery is an extremely serious offense, there are many potential defenses that an experienced criminal attorney can raise.  If you find yourself facing a charge of this nature, immediately contact the Law Office of Kahn & Lehrfeld to discuss the preparation of your defense.  

Assault

If you injure another person without legal justification, you may be guilty of assault under New Jersey State law. Like other offenses, assault charges vary by degree. Whether you are charged with a Disorderly Persons Offense or a Felony/Indictable offense depends on certain factors, such as:

•     Whether you used a weapon
•     The extent of the victim’s injury
•     Whether you caused the injury while committing another crime

Simple Assault

Under New Jersey statute, a simple assault attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or negligently causes bodily injury to another with a deadly weapon

This category of assault is punishable by up to 180 days in the county jail, a $1,000 fine, or both.  

Aggravated Assault

New Jersey law recognizes two levels of Aggravated Assault: Second Degree Aggravated Assault and Third Degree Aggravated Assault.   

Second Degree Aggravated Assault occurs when you:

• Attempt to cause serious bodily injury to another; or 
• Causes such injury purposely or knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life

If convicted of a second degree aggravated assault, you can receive between five to ten years New Jersey State Prison, with an 85% parole disqualifier.   

Third Degree Aggravated Assault occurs under a large variety of circumstances including causing bodily injury with a deadly weapon.  Also, committing a Simple Assault against a law enforcement officer becomes a third degree Aggravated Assault.   If convicted of a third degree aggravated assault, you can receive between three to five years New Jersey State Prison.  

Assault convictions have harsh consequences, so if you are charged with a Simple Assault or an Aggravated Assault in New Jersey, consult an experienced criminal defense attorney. They can present mitigating evidence, such as self-defense or false accusation, which could persuade the State to drop the charges or offer alternatives to a conviction and jail time. Alternatively, an attorney knowledgeable in New Jersey’s assault laws may be able to convince a jury that you did not intend to harm the other person or, at least, the injuries were not serious enough to warrant an Aggravated Assault charge.  

Call the Law Offices of Kahn & Lehrfeld for a free consultation with an experienced criminal defense attorney who specializes in assault charges.