Atlantic City, New Jersey Criminal Defense Lawyer Fights Robbery Charges
New Jersey law enforcement takes robbery charges very seriously. If you are convicted of robbery charges, you will likely be facing significant prison time in addition to other severe penalties. While stealing or theft involves taking something that doesn’t belong to you, robbery is a criminal offense that combines theft and physical force. In fact, you need only to have threatened physical force during the course of a theft to get charged with robbery in New Jersey.
If you or someone you love is facing robbery charges in Atlantic or Cape May counties or anywhere in South Jersey, contact an aggressive, knowledgeable criminal defense lawyer who will fight the charges. John W. Tumelty is a former prosecutor in South Jersey. He knows how the other side thinks and operates when prosecuting robbery charges. He will put his 30 years of experience to work for you. Contact him today for a free consultation about your robbery charges.
What Criminal Actions Constitute Robbery in New Jersey?
During the course of a theft, including shoplifting, armed robbery and bank robbery, if a person uses force or intimidates another person by threatening to use force, prosecutors may levy robbery charges. According to N.J.S.A. 2C:15-1, timing is everything. The NJ law says that the physical force, or threatened physical force, “must occur in the course of committing a theft.”
In order to be charged with robbery in Atlantic City, Brigantine, Wildwood or anywhere across New Jersey, a person must be suspected of doing one of the following at the same time they are committing the theft.
- Imposing force or inflict injury on another person
- Threatening to hurt another person or making them fearful, in the moment, that they will suffer bodily harm
- Committing or threatening to commit a first or second degree crime
The various degrees of criminal charges associated with robbery in Atlantic, Ocean and Cape May counties are based on the extent of injuries sustained by the victim. Robbery is, generally speaking, a second degree felony. However, if the victim suffers significant injury or dies as a result of the physical force used during the commission of the robbery, you can be charged with robbery in the 1st Degree. If convicted of these charges, you may be facing as many as 20 years in NJ State Prison, in addition to other substantial penalties.
You can face robbery charges even if your attempt at theft was unsuccessful. The action or threats of physical force can include weapons such as guns or knives, other objects used as a weapon (even if they are not necessarily considered a “weapon” by definition, such as a heavy frying pan or motor vehicle), your own body as in kicking or punching another person, and even verbal threats. You may also face other criminal charges associated with robbery such as weapons possession and making terroristic threats.
Why You Need an Experienced Lawyer Like John Tumelty to Fight Your Robbery Charges in Atlantic City, NJ
Mr. Tumelty has been defending clients in South Jersey for over 30 years. Prior to that, he was a successful prosecutor. He understands how law enforcement attempts to establish guilt in felony cases. Further, he knows the life-changing impact a robbery conviction would have on you and your family. He will put his knowledge of the other side and his experience as a skilled criminal defense lawyer to work for you, fiercely protecting your rights and defending you against the charges you are facing.
Mr. Tumelty knows what it takes to prove a robbery charge in court:
- The prosecutor has to prove you committed or attempted to commit a theft
- The prosecutor has to prove you used force during the commission of the theft or that you threatened to use force
- Very importantly, the prosecutor has to prove that the force or threat of force occurred DURING the theft or as you were fleeing the scene of the actual theft
- Also, critical, the prosecutor needs to be able to prove, beyond a reasonable doubt, that your acts were intentional. You meant to commit a crime of the first or second degree.
John W. Tumelty will work tirelessly in an effort to dismantle the prosecutor’s case against you. Depending on the specifics of your case, there are many defenses Mr. Tumelty can raise. For example, if he can prove they have charged the wrong person, that’s an obvious defense. Also, he may be able to prove that you didn’t intend to commit the crime. He can argue the timing of the use or force or threat to use force. Mr. Tumelty can also raise the issue that you didn’t use force at all during the commission of the theft. The timing aspect of the NJ statute covering robbery might then allow him to negotiate a reduction in charges to simple theft.
Contact an Aggressive, Knowledgeable South Jersey Criminal Defense Lawyer Today for Free about Your Robbery Charges
John W. Tumelty has been successfully fighting robbery charges for clients in South Jersey for over 30 years. He will leave no stone unturned as he investigates your charges. He will review all documentation, including videos if available, and interview witnesses in an attempt to discredit them and more. He knows that if you are facing robbery charges, or have been accused of any other violent crime in New Jersey, your freedom is at stake.
Contact Mr. Tumelty today for a free consultation about your robbery charges. He will fight tirelessly for your freedom and will protect your rights. He offers free consultations, by phone and in person at one of his three office locations in Atlantic City, Marmora and Somer’s Point.