ROBBERY/BURGLARY

The law defines robbery as taking the property of another by force or threat, with or without a weapon, and burglary as entering a house, building, car, or any other structure intending to commit a crime inside.

Those convicted of robbery face mandatory prison sentences, many of which require the person to serve at least 85 percent of his or her sentence. With over 120 years of criminal litigation experience, the lawyers of Helmer, Paul, Conley & Kasselman, P.A. create a formidable team unmatched in New Jersey. We know the strengths and weaknesses of our adversaries and their cases, and we will fight to uphold our client's rights.

Call us at 856-547-7888 for an appointment. Initial consultations are free.

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ATLANTIC CITY MAN GETS 6 YEARS IN ROBBERY AT ENDICOTT HOTEL

By AISLING SWIFT Staff Writer
Published: September 11, 1999

A remorseful scissors-wielding robber received a break Friday when a judge ruled his scissors were not a weapon - cutting years off his sentence.

Superior Court Judge James Isman ruled the No Early Release Act did not apply and sentenced [the] 38-year-old [man] of Atlantic City to six years in a state prison for robbing a clerk at the Endicott Hotel in Atlantic City on April 3.

"Could scissors be used as a deadly weapon?" Isman asked. "Of course they could. But that is not the issue. ... I can understand the victim was petrified of the man who jumped over the desk. ... But there was no evidence in this case that the defendant threatened the immediate use of a deadly weapon or intended to use it as a deadly weapon."

Unlike robbery, where a victim's perception of a weapon is considered, a judge does not weigh that when deciding if to impose the No Early Release Act.

The ruling meant the difference between serving 85% of whatever term Isman imposes - he had a range of five to 10 years - and serving a "flat" term. Under a flat six-year term, [the man] is eligible for parole after a year and 2 1/2 months, compared with the five years and one month he would be required to serve before seeking parole under the No Early Release Act.

[The man] was given credit for 161 days served in Atlantic County jail. He would have pleaded guilty to first-degree robbery, which carries a maximum term of 10 to 20 years. But in a plea bargain struck by County Assistant Prosecutor Chet Wiech and defense attorney Yaron Helmer, [the man] was sentenced as a second-degree offender - cutting his time in half.

Isman's ruling sliced off more.

[The man], who admitted being in a crack-induced stupor, went to the Endicott Hotel on South Tennessee Avenue on April 3 and jumped over the counter, grasping the scissor's sharp tip and exposing only the handle.

The clerk's scream shocked [the man] out of the stupor and he jumped over the counter and fled without any money. The entire incident took only eight seconds. [The man] ran a few blocks, but realized what he had done was wrong, so he returned to surrender.

On Friday, Helmer argued the No Early Release Act - called the 85% Rule - did not apply, while Wiech pushed for it.

The law is fairly new, so there is little case law for attorneys and judges to rely on. However, all cited a Bernie Robbins Jewelry store heist in Somers Point in which George Grawe, who wielded a sledgehammer, got a lesser sentence. Judge Robert Neustadter ruled it was a tool - not a weapon - used to smash display cases and sentenced him to 11 years without parole for 3 1/2.

Wiech urged Isman not to consider the Grawe ruling because the sledgehammer was used as a tool, while the scissors had no other purpose.

[The defendant], who served in the Army, the reserves and had a solid career as a security officer, had never been in trouble with the law, but had turned to drugs. Crying, he apologized to the victim, and told her, Isman and his family: "I guarantee you all one thing. I know I am going to leave this (experience) a positive person."

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