Facing criminal charges in New Jersey can be frightening, especially when the accusations involve robbery. One kind of robbery charge is strong-arm robbery, a serious offense with long-term consequences. Understanding what strong-arm robbery is, how it differs from other types of robbery, and the potential legal repercussions can help you better understand the challenges ahead.
What Is Strong-Arm Robbery?
Strong-arm robbery, also known as unarmed robbery, refers to a type of robbery in which the perpetrator uses physical force or the threat of immediate physical force to steal property from a victim. Unlike armed robbery, strong-arm robbery typically does not involve the use of a weapon. Instead, the offender relies on their physical strength, intimidation, or the threat of bodily harm to overpower and rob the victim.
Examples of strong-arm robbery might include:
- Pushing someone down and stealing their wallet
- Grabbing a person’s purse and running away
- Threatening to punch someone if they don’t hand over their valuables
- Physically restraining a victim while taking their belongings
The critical element in strong-arm robbery is the use or threat of force, distinguishing it from other forms of theft or larceny in which no direct confrontation occurs between the perpetrator and the victim.
How Is Strong-Arm Robbery Different from Armed Robbery?
The primary distinction between strong-arm robbery and armed robbery lies in the presence or absence of a weapon. Here’s a breakdown of the key differences:
- Weapon usage – In strong-arm robbery, no weapon is used or displayed during the crime. In an armed robbery, the perpetrator uses, threatens to use, or appears to possess a weapon (such as a gun, knife, or any object that could cause serious bodily harm).
- Severity of the threat – In strong-arm robbery, the threat is typically limited to immediate physical force. In armed robbery, the presence of a weapon implies a more severe threat, potentially including the threat of deadly force.
- Legal classification – Strong-arm robbery is often classified as a second-degree crime in New Jersey. In contrast, armed robbery is typically classified as a first-degree crime and carries more severe penalties.
- Potential for injury – While bodily harm can occur during a strong-arm robbery, they are generally less severe. The risk of serious injury or death in an armed robbery is significantly higher due to the presence of a weapon.
It’s important to note that while strong-arm robbery is considered less severe than armed robbery, it is still a serious offense with significant legal consequences.
Legal Consequences of Strong-Arm Robbery in New Jersey
In New Jersey, strong-arm robbery is typically charged as a second-degree crime. The legal consequences for those convicted of strong-arm robbery can be life-altering. Potential penalties include:
- Prison sentence – A second-degree strong-arm robbery conviction carries a potential sentence of five to 10 years in state prison.
- Fines – In addition to imprisonment, convicted individuals may face fines of up to $150,000.
- Criminal record – A strong-arm robbery conviction results in a permanent criminal record, which can have long-lasting effects on employment, housing, and other aspects of life.
- No early release – Under New Jersey’s No Early Release Act, anyone convicted of robbery must serve at least 85 percent of their prison sentence before being eligible for parole.
The actual sentence can vary depending on factors such as the defendant’s prior criminal history, the specific circumstances of the crime, and the discretion of the judge.
Defenses Against Strong-Arm Robbery Charges
When facing strong-arm robbery charges, it’s crucial to have a skilled criminal defense attorney who can develop an effective defense strategy. Some potential defenses against strong-arm robbery charges include:
- Mistaken identity – If the prosecution’s case relies heavily on eyewitness testimony, an experienced attorney may be able to challenge the reliability of the identification.
- Lack of intent – The defense may argue that the accused did not intend to commit robbery and that the situation was a misunderstanding or accident.
- Insufficient evidence – If prosecutors lack strong evidence to prove all elements of the crime beyond a reasonable doubt, the charges may be reduced or dismissed.
- Alibi – Providing evidence that the defendant was elsewhere during the crime can be a powerful defense.
- Coercion or duress – In some cases, the defense may argue that the alleged offender was forced to commit the robbery under threat of harm.
- Violation of constitutional rights – Certain evidence may be suppressed if law enforcement violated the defendant’s rights during the arrest or investigation.
- Plea bargaining – In some cases, negotiating with the prosecution for reduced charges or a lighter sentence may be the best course of action.
What to Do if Accused of Strong-Arm Robbery
If you are accused of strong-arm robbery in New Jersey, it’s crucial to take immediate action to protect your rights and future:
- Remain silent – Exercise your right to remain silent and avoid discussing the case with anyone except your attorney.
- Contact an experienced criminal defense attorney – Seek legal representation immediately. A skilled criminal lawyer can guide you through the legal process and start building your defense.
- Preserve evidence – If you have evidence that could support your case, such as alibi information or witness statements, preserve it and share it with your attorney.
- Avoid social media – Refrain from discussing your case or posting anything related to it on social media platforms.
- Comply with legal orders – Follow any court orders or conditions of release carefully to avoid additional legal complications.
- Prepare for your defense – Work closely with your attorney to gather information, identify potential witnesses, and develop a strong defense strategy.
Contact Our NJ Criminal Defense Attorneys for Help
If you have been accused of strong-arm robbery, the legal team at Keith Oliver Criminal Law can provide the guidance and representation you need. Our experienced New Jersey criminal defense attorneys understand the charges against you and are dedicated to protecting your rights every step of the way.
Our law firm provides personalized attention and a strategic defense approach for every client. With decades of experience representing New Jersey residents, we strive to achieve the best possible outcome in your case. We have strong working relationships with law enforcement agencies and prosecutors in Monmouth, Somerset, and Mercer counties, giving us an edge in knowing what to expect and how to best counsel you effectively.
Don’t wait to get legal assistance if you’re accused of strong-arm robbery. Contact Keith Oliver Criminal Law today for a free case evaluation.
