Robbery/Burglary Attorney
When dealing with robbery or burglary charges, it is important to know the details of the crime, along with the punishments that accompany them.
Robbery
Robbery is defined as taking something from someone else by use of force or the threat of force. If any sort of weapon is used, then the offense becomes an armed robbery. According to New Jersey 2C: 15-1 Criminal Code, “A person is guilty of robbery if in the course of committing a theft, he:
- Inflicts bodily injury or uses force upon another; or
- Threatens another with or purposely puts him in fear of immediate bodily injury; or
- Commits or threatens immediately to commit any crime of the 1st or 2nd degree.”
If charged with armed robbery, you are dealing with a first degree crime. A prison sentence of ten to twenty years could potentially be enforced.
Robbery is a crime of the second degree, except that it is a crime of the first degree if in the course of committing the theft the actor attempts to kill anyone, or purposely inflicts or attempts to inflict serious bodily injury, or is armed with, or uses or threatens the immediate use of a deadly weapon.
Complete details can be found in the New Jersey 2C: 15-1 Criminal Code.
Burglary
Burglary is defined as the unlawful entry into a building for the purpose of committing an offense [a] therein. It is not limited to theft; burglary can also involve arson, vandalism, or any other criminal act. Complete details of what constitutes burglary can be found in the New Jersey 2C: 18-2 Criminal Code.
Generally, burglary is a crime in the 3rd degree, which can carry a three- to five-year prison sentence. However, in some cases, such as when a weapon is involved, it could be bumped up to a crime of the 2nd degree. A second degree burglary conviction typically carries a five to ten year mandatory prison sentence, with an 85% parole ineligibility period.
Defenses against Robbery/Burglary
Appropriate defenses against robbery and burglary charges can include:
- Intoxication
- Entrapment
- Duress
If you have been charged with robbery or burglary, your best course of action is to contact a qualified defense attorney such as Fred Sisto. He will make sure every possible action is taken to ensure your freedom.
He can be reached at (732) 898-3232, or e-mail fps@fredsisto.com.
