The term “robbery” might bring to mind a distinct situation where someone pulls out a weapon and threatens someone if they do not give up something valuable, such as the money out of the cash register or the jewelry someone is wearing. Bank robbers might be put up as an example of robbery, but the crime itself is oftentimes confused with theft.
Robbery is defined as a violent crime in New Jersey and can carry hefty prison sentences and other penalties. With the aid of a Newark robbery lawyer, you can better understand your legal rights, build a strong defense, and work toward achieving the best possible outcome in your case.
Robbery and theft are two different crimes, distinguished in New Jersey by the force used to relieve someone of their property. Theft is the unlawful taking of another person’s things, but robbery includes force or the commission of another violent offense in connection with a theft.
In other words, if a person causes bodily harm or injury when committing a theft, it becomes robbery, which carries harsher penalties, including longer sentences, higher fines, and limited opportunity for parole. Even the act of holding a weapon or threatening to harm someone can elevate theft to robbery, whether or not actual harm occurs. The use of force may occur during or shortly after the theft, and it is still considered robbery if force is used to take or retain the stolen item.
Robbery can be charged to a higher degree if the force is seen as an attempt to kill or involves the use of a deadly weapon. A knowledgeable Newark attorney could help determine the specific charges in a robbery case and explain the possible consequences if convicted.
Hiring a defense attorney could prepare you for each stage of the criminal justice process. They could help you explore and present potential defenses such as the following:
A legal professional could question the methods used by police investigators, such as how they collect evidence and how they build the prosecution’s case. The Fourth Amendment excludes evidence that police find during illegal searches and seizures, though that evidence can influence the course of an investigation. Before trial, your attorney could seek to exclude crucial evidence to protect your constitutional rights.
Your lawyer could also attempt to show that the prosecution cannot prove its case beyond a reasonable doubt. Since robbery must include force, your defense might cast doubt on the presence of force.
They may also question the identity of the criminal. Eyewitnesses may be inconsistent, and there might not be any concrete proof that robbery was committed at all.
A robbery lawyer in Newark could secure your rights and give you the best chance at avoiding criminal penalties. If convicted of robbery, especially an enhanced charge, you could spend years in prison, and your life could be affected long after serving such a sentence.
Defending against robbery charges requires serious attention and legal experience. A Newark robbery lawyer from our firm could guide you through the legal process and counter the prosecution’s efforts to prove their case.
Call today, so your attorney can begin building your defense and questioning the prosecution’s evidence as soon as possible.