NJ Aggravated Robbery Lawyers
What Is Aggravated Robbery?
Robbery is considered aggravated when it involves the use of a weapon, or the victim is injured during the robbery. It can also be considered aggravated if there are any other circumstances surrounding the robbery that make it more heinous.
Is Aggravated Robbery the Same As Armed Robbery?
Armed robbery is also defined as the act of committing a robbery while using a weapon. It is not considered a distinct crime. When most people think of armed robbery, they usually think about someone taking property at gunpoint. However, any type of weapon can be used to commit aggravated robbery. This includes things such as canes, knives and baseball bats.
Punishment for Aggravated Robbery
Robbery is classified as robbery. That is why it is typically punished harshly. If you are charged with first-degree robbery in New Jersey, then you can be sentenced to 20 years in prison. You may also be ordered to pay a $200,000 fine.
What the Prosecution Has to Be Able to Prove
You Took Property From Another Person
The prosecution has to prove that you took real property from someone. This does not include buildings or lands. It is also important to note that a person does not have to own the property that was taken. They just have to be in possession of it.
You Carried the Property Away
You must carry the property away from the person you took it from. Even if you do not take the property away, it is still considered robbery if you exercise control of the property that you took. For example, you put your hand over someone’s brief case with the intention of stealing it. Even if the person stops you before you can take it, you can still be charged with aggravated robbery.
You Used Violence or Intimidation
The prosecution has to be able to prove that you obtained the object by using violence. Hitting someone or wrestling someone is an example of violence. Keep in mind that you do not have to use a lot of force. Even if you lightly shove someone, you can still be charged with aggravated robbery.
You Used A Dangerous Weapon
Any object that can cause serious harm to someone is considered a dangerous weapon. You don’t necessarily have to pull the weapon out. If you carry the weapon and threaten to use it, then you can be charged with aggravated robbery.
Possible Defenses That Can Be Used
You Were Innocent
If you were wrongly accused of a crime, then your attorney can help you prove your innocence. The attorney can provide evidence to support your innocence. The following is a list of ways that your innocence can be proven.
- Presenting an alibi
- Showing that the photo lineups, in-person lineups and show-ups were unreliable
- Challenging the truthfulness of the witness’s testimony.
The Prosecutor Cannot Prove All of the Elements
If the prosecutor cannot prove beyond a reasonable doubt that you committed the robbery, then the charges will likely be dropped.
You Were Coerced Into Committing the Robbery
Some people commit robberies because someone threatened to hurt or kill them. It is common for gang members to commit robberies because of this.
Contact Us If You Have Been Charged With Aggravated Robbery
If you are facing aggravated robbery charges, then it is important for you to call an attorney as soon as possible. Your attorney will assess your charges. They can also examine the evidence that is being used against you.
Your lawyer will determine whether your charges can be dropped or reduced. They can also tell you whether it will be a good idea for you to take a plea bargain.