Defending Individuals Facing Robbery Charges in Haddonfield, New Jersey
Robbery is one of the most serious charges that a person can face under New Jersey law N.J.S.A. 2C:15-1, and the potential penalties upon conviction can be lifelong and far-reaching. If a jury convicts you of committing a robbery, you could be ordered to pay a large fine and/or go to prison for a long time. Morevore, robbery convictions are subject to the No Early Release Act, which means that an offender must serve at least 85 percent of their sentence before parole can be an option. Even if you do not go to prison for robbery, a judge might still sentence you to a period of supervised or unsupervised probation, placing substantial restrictions on your liberty.
If you are in the midst of New Jersey robbery proceedings, time could be of the essence. If you appear in court for a trial or other legal proceeding without counsel beside you, a judge could still make you go forward with your case without having an attorney present.
Attorney Matthew V. Portella, of the Law Office of Matthew V. Portella, has been defending criminal defendants—including those facing robbery charges—for many years. If you are pending a robbery charge, let Attorney Portella put his experience to work for you by developing a strong defense to your charge, representing you in court, and negotiating with prosecutors on your behalf.
The Elements of a New Jersey Robbery Crime
To convict you of robbery, the New Jersey prosecutor handling your case must be able to satisfy each legal element beyond a reasonable doubt. You, as the defendant, are not required to present anything—or to even testify in the courtroom. You are also presumed innocent to the crime of robbery unless and until a prosecutor proves otherwise.
You can be charged with robbery in New Jersey if you did any of the following while you were committing a theft crime:
- You threatened the alleged victim with bodily harm or placed the alleged victim in reasonable apprehension of serious bodily harm or death.
- You injured the alleged victim or used some degree of force against the alleged victim.
- You threatened to commit any first or second-degree crime against the alleged victim
Under New Jersey law, carjacking is a type of robbery crime. You can be convicted of carjacking if the state can prove, beyond a reasonable doubt, that:
- You used force against a person or inflicted bodily injury on someone who was operating or in possession of a motor vehicle at the time.
- You committed or threatened to commit a first or second-degree crime against one of these individuals.
- You threatened one of these individuals or intentionally placed them in fear of imminent bodily harm or death.
- You operated the vehicle—or caused someone else to operate it—while the alleged victim was still present in the vehicle.
Haddonfield, New Jersey robbery defense attorney Matthew V. Portella can meet with you to discuss your charge, as well as your version of the events that transpired, and present you with some legal options for your case.
What Can Happen Upon a Conviction?
If you are ultimately convicted of the crime of robbery, you could be sentenced to between five and ten years in prison with a fine up to $150,000. In some instances, however, your robbery charge could be elevated to a first-degree felony. This might happen if you do one of the following during the course of committing the theft crime:
- You try to kill someone
- You use, threaten to use, or possessed a deadly weapon
- You intentionally inflict—or try to inflict—a grievous bodily injury on the alleged crime victim
A first-degree robbery conviction can land you in prison for 10 to 20 years. Also, given the extremely serious nature of a New Jersey robbery offense, you must serve 85 percent of your criminal sentence before you can ever obtain parole eligibility.
Attorney Matthew V. Portella can take measures to try and minimize the consequences to you of a robbery conviction.
Defending Against a Robbery Charge
There are several key defenses to a robbery charge that you might be able to raise at various points during the criminal proceedings. Prior to your trial, for example, you could raise one of the following legal defenses:
- That the police obtained physical evidence of the robbery in a way that violated your Fourth Amendment Constitutional rights against unreasonable searches and seizures
- That someone identified you in a lineup that police did not properly conduct
- That the police or other robbery investigators violated your Miranda rights or otherwise violated your Fifth Amendment rights against self-incrimination
Likewise, during the criminal trial, your lawyer might be able to raise several additional legal defenses on your behalf. Those defenses might include:
- That the prosecuting attorney failed to satisfy his or her burden of proof by failing to prove one or more of the legal elements of robbery—or by failing to prove the criminal element beyond a reasonable doubt
- That you had an alibi (that is, that you were somewhere else) during the time when the alleged robbery supposedly occurred
- That someone mistakenly identified you and that you were not, in fact, the individual who committed the robbery crime.
Our New Jersey robbery law firm understands the importance of introducing a good legal defense before or during a criminal trial. Attorney Portella can review the allegations in your case and set to work on preparing a good defense that will stand up in court.
Hire a Haddonfield Robbery Defense Attorney Today
Given the potential lengthy prison sentences and high penalties, you should never take robbery charges and convictions lightly. An experienced criminal defense lawyer might be able to help by pursuing a reasonable bond on your behalf, filing criminal motions, negotiating a favorable plea deal with a state prosecutor, and representing you during all proceedings in criminal court.
Find out how Haddonfield and Pleasantville, New Jersey robbery defense attorney Matthew V. Portella might assist you with your case today. To schedule a free consultation or case evaluation with a New Jersey robbery lawyer, please contact us online or call us at (856) 310-9800.
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“I want to thank Mr. Portella for taking my case. What an amazing law office and attorney. He is very professional and got all of my charges dismissed. If I ever need an attorney again, Mr. Portella will be the one I call. Thank you again! -A.M.”