Flemington NJ Robbery Defense Attorneys

Flemington NJ Robbery Defense Attorneys

You got into a fight outside the liquor store on Main Street in Flemington. Guy wouldn’t give back your wallet — said you owed him money from last week. You shoved him, grabbed your wallet from his pocket, ran. He called the police. Now you’re arrested for robbery. Second-degree robbery. Five to ten years in state prison. Prosecutor is calling it “theft by force” even though it was YOUR wallet, YOUR money. Arraignment in Hunterdon County Superior Court tomorrow morning. You’re sitting in your apartment at midnight Googling “Flemington NJ robbery defense attorneys” trying to understand how retrieving your own property became a felony.

Thanks for visiting Spodek Law Group. I’m Todd Spodek — second-generation criminal defense attorney, built on more than 40 years of family experience defending cases prosecutors called impossible. We represented Anna Delvey in the Netflix series Inventing Anna, defended the juror in the Ghislaine Maxwell trial, handled high-profile Ponzi schemes that made the New York Post and Bloomberg. We defend robbery cases in Flemington with the same constitutional rigor Alan Dershowitz brought to Claus von Bülow: question everything, challenge the force element, demand prosecutors prove theft AND force beyond reasonable doubt. Call 212-300-5196, 24/7.

Robbery vs Theft

You’re confused. “It was MY wallet. I was getting my own property back. How is this robbery?” Here’s what most people miss: New Jersey robbery isn’t about WHO owns the property. It’s about whether you used force or threat of force while taking property from another person. N.J.S.A. 2C:15-1 defines robbery as committing theft while inflicting bodily injury, threatening immediate bodily injury, or committing or threatening to commit a crime of the first or second degree. Force is what transforms theft (disorderly persons to third-degree, probation possible) into robbery (second-degree minimum, five to ten years state prison, NO presumption of non-incarceration even for first offense). If you used ANY force — shove, grab, push, punch — while taking property from someone’s person or presence, prosecutors charge robbery regardless of whether it was your property or theirs. The “claim of right” defense that works for theft charges does NOT apply to robbery. You cannot use force to retrieve your own property and call it legal. That’s robbery under New Jersey law. Your biggest mistake: Explaining to police “I shoved him to get my wallet back.” You just confessed to the force element of robbery. Constitutional principle we learned from Dershowitz: Silence isn’t guilt, but confession IS. Difference between theft and robbery in sentencing: Theft (third-degree): Three to five years, presumption of non-incarceration, PTI eligible, often probation for first offense. Robbery (second-degree): Five to ten years, NO presumption of non-incarceration, prison likely even for first offense, PTI almost never approved. You used force to get your wallet. Prosecutor doesn’t care it was yours. Force + taking property = robbery.

Second-Degree vs First-Degree Robbery

What’s the difference?

Second-degree robbery: Five to ten years state prison. You committed theft while inflicting bodily injury or threatening someone. No weapon. Most Flemington robbery arrests fall here — fights over property, drugs, personal disputes. First-degree robbery: Ten to twenty years state prison. You used a weapon, inflicted serious bodily injury, or threatened someone with a weapon during the theft. “Weapon” under New Jersey law means more than guns and knives. Screwdriver. Bottle. Car (if you use it to threaten someone). Anything capable of causing death or serious injury qualifies. Prosecutors argue first-degree if you had ANYTHING in your hand during the altercation. Serious bodily injury: Broken nose, fractured bone, injury requiring medical treatment. Prosecutor proves victim went to hospital? That’s serious injury. First-degree. Witness statements matter more than you think: “He had a knife” vs “I saw something shiny” is the difference between ten years and twenty years. If multiple witnesses say you brandished a weapon, even if police never found it, prosecutors charge first-degree and let the jury decide credibility.

Most Flemington robbery cases: Second-degree. Fight escalates. Someone takes property. Force used. Victim calls police. You get arrested. Prosecutor charges robbery based on victim statement + your confession to police. But if victim claims injury OR witnesses say weapon, prosecutor upgrades to first-degree immediately. Graves Act consideration: If you used a firearm during robbery, New Jersey’s Graves Act mandates forty-two months minimum prison sentence with NO parole eligibility. Cannot be plea-bargained away. Cannot be reduced. Judge has no discretion. You serve minimum forty-two months, eighty-five percent of total sentence, whatever is greater.

Defenses That Actually Work in Flemington

How do you beat robbery charges? Five defenses that actually work in Flemington robbery cases: Mistaken identity. Wasn’t you. Victim identified the wrong person. You have an alibi. Security camera footage shows someone else. Flemington is a small town — everyone knows everyone — but mistaken identification still happens, especially at night, especially when alcohol is involved, especially when victim is motivated to blame someone. No force used. You took the property without physical contact. If you can prove you grabbed the wallet from the table, not from his pocket, that’s theft not robbery. Downgrades the charge from five-to-ten years to probation. Difference between reaching into someone’s pocket (force, contact) vs picking something up off the bar (no force, theft only). Consent. Victim gave you the property or didn’t resist when you took it. Destroys the robbery element entirely because there’s no “against the will” taking. Hard to prove but if victim’s own witnesses contradict his story, consent defense works. False accusation. Victim is lying for insurance money, revenge, advantage in a civil dispute, to cover his own criminal activity. We investigate: Does victim have motive to lie? History of false reports? Inconsistent statements to police? Flemington prosecutors drop charges when victim credibility collapses. Police misconduct. Did police violate Fourth Amendment during arrest or search? Was your confession coerced? Did they conduct an illegal lineup? Fail to Mirandize you? Exclusionary rule suppresses illegally obtained evidence, and without your confession, prosecution often has nothing but victim’s word against yours. Flemington-specific reality: If prosecutor agrees force was minimal, property was actually yours, and victim is exaggerating, they’ll sometimes downgrade robbery to third-degree theft. That’s the difference between prison and probation. Plea negotiations typically start with prosecutor offering second-degree robbery with five years recommended. Defense counters: Third-degree theft instead of robbery, or go to trial. Juries in Hunterdon County are sympathetic to “I was getting my own property” arguments, but NOT if significant force was used. PTI for robbery: Almost never approved in Hunterdon County. Robbery is classified as a violent crime. PTI is generally reserved for non-violent offenses. Exception exists but requires prosecutor AND judge approval, usually only if charge gets downgraded to third-degree theft first. Average timeline for Flemington robbery cases: eight to fourteen months from arrest to trial, longer if first-degree charges involved or if case goes to trial rather than plea, shorter if prosecutor agrees to downgrade early in the process based on weak evidence or strong constitutional challenge to the stop or search or confession, and during that entire eight-to-fourteen-month period you’re living under conditions of release if you were lucky enough to get released at the detention hearing which many robbery defendants do not because Hunterdon County judges view robbery as a violent crime presenting danger to the community and flight risk especially if you have any prior criminal record whatsoever even old marijuana possession from ten years ago, and if you’re detained pre-trial you’re sitting in Hunterdon County Jail for those eight to fourteen months waiting for your case to resolve which is why many, many defendants accept plea offers even when they have strong defenses because the alternative is rotting in jail for a year while fighting the case.

You got arrested for robbery in Flemington. You were retrieving your own wallet. Used force to get it. Now facing five to ten years. Arraignment tomorrow. Prosecutor building case while you’re reading this. Your next move: Talk to someone who’s defended robbery cases in Flemington Superior Court. We know prosecutors. Know judges. Know what defenses work. 212-300-5196.