Robbery is a common criminal complaint and a form of theft. It is specifically related to the actions undertaken during an act of theft. A person is guilt of robbery if he or she:
- either inflicts bodily injury or uses force upon another person; or
- threatens another with or purposely puts him in fear of immediate bodily injury; or
- Commits or threatens immediately to commit any crime of the first or second degree
These acts might occur during or immediately after a theft.
Robbery is typically a 2nd degree crime, though the charge may be upgraded to a 1st degree crime if the actor uses a deadly weapon, attempts to kill the victim, or inflicts serious bodily harm.
Robbery may occur in public or private, with or without a weapon, and to businesses or individuals. It is essentially a form of theft plus assault.
Robbery is often informally confused with burglary, which is a similar crime, but the difference depends upon the location of the event and the nature of the actor’s theft in that place. Burglary is essentially theft in combination with trespassing, as it takes place in a location that the actor is unauthorized to be. Home invasion is the classic example, whether that be through breaking and entering or through an unlocked door or window unbeknownst to the property owner. Stores, utility companies or other facilities may be burglarized as well. The law specifies that any person who enters a store during business hours, hides until the premises are vacant and leaves with merchandise or other property is also a form of burglary. Burglary may also occur without physical items being taken. For example, if trade secrets or other sensitive items are downloaded onto a flash drive. Property can be any item of value, tangible or intangible.
Larceny is another common term that falls under the umbrella of theft. It is used in the statutes of many states, but New Jersey simply uses the term “theft” and does not mention larceny.
If you have robbery, burglary or larceny charges in New Jersey and you need someone to represent you, please contact one of our Crime Lawyer.
The value of the property taken and the nature of how the offense was carried out (e.g., whether it involved breaking and entering, violence, threats of violence or weapons) inform whether the charges are in the 1st, 2nd, 3rd or 4th degree. 1st degree robbery comes with a prison sentence of ten to twenty years in prison. 2nd degree crimes are most serious forms of burglary. These charges come with a potential prison sentence of five to ten years in prison and up to $150,000 in fines. 3rd degree offenses come with three to five years in prison and a fine of up to $15,000.
It may be possible in some cases for legal professionals to plead down burglary or robbery charges to a lower degree. Severity of the offense, defendant criminal history, quality of legal counsel, and the defendant’s willingness to enter into a plea deal factor into the decision for a prosecutor to reduce charges.
