In New Jersey, armed robbery is a first or second-degree crime. When convicted, you could face at least 20 years of imprisonment, depending on the charges. Armed robbery is a serious crime, so you want to make the most out of your chances to have the charges decreased or dismissed. This requires the assistance of a Gloucester robbery defense lawyer.
Did you know that state officials and police officers can make mistakes and put your freedom in jeopardy? Read on to learn more about how armed robbery can affect your life. Armed robbery can only be charged if a person committed theft or tried to commit theft by inflicting bodily harm or using force, threatening or committing a crime, or issuing a threat of bodily harm or injuring another individual.
Armed Robbery Penalties
As a first-degree felony, armed robbery has serious penalties. When convicted, you can spend years in state prison and pay huge fines. Particularly, the punishment includes up to 20 years in state prison and fines of up to $200, 000. Before you can be eligible for parole, you need to serve ½ -1/3 of your total sentence first. Due to the involvement of a weapon, a 3.5-year mandatory prison sentence also applies to the weapon offense, along with your robbery sentence.
Defenses Your Attorney Can Employ
Despite the harsh penalties for armed robbery, you can defend yourself in court. Your attorney can use different defenses to get your charges dismissed or reduced. These defenses include the following:
- False accusation or mistaken identity. Your attorney will argue that you did not commit armed robbery. Also, police can make mistakes. An alibi defense that puts you elsewhere when the crime happened could create reasonable doubt.
- Lack of intent to commit theft. Your attorney can make the theft element questionable to get your charges reduced to assault or weapons possession.
- The weapon was not real. Your defense lawyer can argue that the weapon allegedly used was unloaded or a toy gun. This can get your charges reduced to second-degree robbery. Your attorney must assert that you do not have the intent to harm any person.
- Illegal police conduct. Your defense attorney can argue that the police obtained evidence unlawfully, through coerced confessions or improper searches. They can have such evidence suppressed by filing motions.
- Intoxication. Being intoxicated could be a defense against your charges. To be found guilty of armed robbery, intent must be formed, which is not possible if alcohol seriously impaired you.
