Armed robbery is a serious criminal charge in Elizabeth, New Jersey. If you are facing charges of armed robbery in New Jersey, it is important to understand your rights and to also respect the seriousness of the charges. If you are found guilty of armed robbery, you can face years or even decades in jail, have difficulty finding work when you are released, and may face challenges accessing federal aid programs in the future. The good news is that you are innocent until proven guilty. This is why if you are facing charges of armed robbery, you need a qualified criminal defense lawyer working on your side. The state is required to appoint you a public defender if you are charged with a crime. Unfortunately, many public defenders, while hard-working and excellent attorneys, have such a large caseload that they can seldom offer each client the attention and care he or she may need in order to secure the best possible outcome for a case. Because so much is at stake if you are facing armed robbery charges, you need the Law Office of Eric M. Mark fighting on your side. Our armed robbery attorneys will review the facts of your case, the evidence being used against you, and will perform all investigations necessary to build you the strongest possible defense. If you need a criminal defense lawyer in Elizabeth, New Jersey, you need the armed robbery lawyers at the Law Office of Eric M. Mark.
If you have been charged with armed robbery, you may be facing first degree robbery charges. According to the New Jersey Judiciary website, you can be found guilty of robbery if you inflicted bodily harm upon another person or used force during the course of a robbery. You can also be found guilty of robbery if you threatened to use force. The state must prove the following beyond a reasonable doubt in order to get a conviction of armed robbery:
You can also be found guilty of armed robbery if you threatened bodily harm to another person while fleeing the scene of a crime where you committed a theft. It is important that the state show that you engaged in the act of armed robbery, “with purpose.” This involves a question of conscious intent. For instance, if you accidentally ran someone over with your car while fleeing the scene of an accident, the court would have to show that you had conscious intent to hurt another person in order to suggest that you used your vehicle as a weapon. However, if you were consciously running a person down to steal their jewelry, the car could be seen as a weapon, and an armed robbery charge may apply.
Another instance where intent could come into question could be a situation where you may have been carrying a knife or weapon, but never showed intent to use it while committing a robbery. The state may attempt to use an armed robbery charge, but if your lawyer can prove that you never showed intent to use the weapon, you may be able to have charges reduced or dropped. Of course, possessing a weapon while committing a robbery can be construed as intent to use the weapon should the need arise. Intent is impossible to know because it involves what is taking place inside the defendant’s mind. The court infers intent based on a person’s actions. So, if you were carrying a weapon, but intended to shoplift a store without being detected, your lawyer may be able to show that you had no intent of performing an armed robbery. For instance, if you took measures to hide goods, or tried to run through a detector at a store to avoid being caught, the fact that you happened to be carrying a Swiss army knife at the time may not be relevant in the charge.
Another case where an armed robbery conviction can be challenged can be one where the defendant committed the robbery after using force. For instance, let’s say you were in a fight with another person or group of people. You used force in the fight, and in the process of causing bodily harm to another person, the person dropped money. If you stole the money after the fight, the intent of armed robbery at the start of the fight may not be present.
Your armed robbery attorney can look at circumstances surrounding your arrest, facts of the case, the manner in which you were arrested, and the conduct of officers surrounding your arrest. You have important rights and protections under the law. A qualified armed robbery lawyer in Elizabeth, New Jersey can work to protect your constitutional and civil rights as you navigate the challenges of the legal system. Contact the Law Office of Eric M. Mark today to learn more.
If you are facing armed robbery charges in Elizabeth, New Jersey, you could be facing decades in jail, loss of important rights under the law, and damage to your reputation. Individuals who are found guilty of felony charges may face immense difficulties getting employment after they are released from jail. They may lose access to certain federal programs and financial aid. The cumulative effect of a felony charge on individuals and families is immense. When so much is on the line, you need an armed robbery attorney on your side, protecting your rights. The Law Office of Eric M. Mark are armed robbery lawyers in Elizabeth, New Jersey who can work closely with you to help you get the best possible outcome for your case.
If you’ve been arrested, you have the right to remain silent. You have the right to ask for a criminal defense attorney. Contact Eric M. Mark today.