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Robbery and burglary are serious criminal charges that carry the potential for substantial fines and long-term imprisonment. If you have been arrested and charged with robbery or burglary in Haddon Heights, you have no choice but to take your case extremely seriously. You need to present the strongest defenses you have available, and you need to aggressively challenge the prosecution’s evidence in order to avoid some of the harshest possible sentences under New Jersey law. Our robbery and burglary defense attorneys can help.
Robbery is a theft crime that involves an element of violence. Under Section 2C:15-1 of the New Jersey Code of Criminal Justice:
“A person is guilty of robbery if, in the course of committing a theft, he:
“(1) Inflicts bodily injury or uses force upon another; or
“(2) Threatens another with or purposely puts him in fear of immediate bodily injury; or
“(3) Commits or threatens immediately to commit any crime of the first or second degree.
“An act shall be deemed to be included in the phrase ‘in the course of committing a theft’ if it occurs in an attempt to commit theft or in immediate flight after the attempt or commission.”
Robbery is a second-degree offense in most cases. However, it can be elevated to a first-degree offense in cases involving:
Burglary is a crime that involves entering a structure illegally for the purpose of committing a theft or other criminal offense. A “structure” can be almost any type of building, including a house, apartment, store, warehouse, hotel room, business office, or other residential or commercial space.
A “standard” burglary is charged as a third-degree offense. However, a burglary can be charged as a crime in the second degree if the alleged perpetrator:
Contrary to popular belief, “breaking and entering” is not an element of the offense of burglary in New Jersey. It is enough to enter a structure by any means, including remaining in a structure after entering lawfully (i.e. remaining in a store after it closes).
The penalties for robbery and burglary in New Jersey are as follows:
Also, a conviction for robbery requires the imposition of a restriction on release and parole. For instance, a person convicted of robbery must serve 85% of the sentence before being eligible for parole, no exceptions. A skilled defense attorney may be able to either win the case or agree to a plea bargain for a lesser charge that does not involve 85% of the sentence being served without parole or the individual may be able to avoid prison altogether.
If you have been arrested for robbery or burglary in Haddon Heights, we encourage you to contact us promptly for a free consultation. To speak with one of the experienced Haddon Heights robbery and burglary defense attorneys at Helmer, Conley & Kasselman, P.A. in confidence, please call (877) 435-6371 or get in touch online now.
Don’t let your rights be jeopardized.