The Definition of Armed Robbery

Armed robbery occurs when a person unlawfully takes property from another by force or intimidation while carrying, displaying, or threatening the use of a weapon. The weapon can include firearms, knives, or any object perceived as a threat, such as a toy gun or a blunt object.

In New Jersey, robbery is defined under N.J.S.A. 2C:15-1, which classifies it as a violent crime. An offense becomes an “armed” robbery when a weapon is involved, significantly enhancing the severity of the charge and potential penalties.

Key Elements of Armed Robbery

For an act to be considered armed robbery, the prosecution must prove the following elements:

• Theft or Attempted Theft: The offender must take or attempt to take property that does not belong to them.
• Force or Threat: The act must involve the use of physical force or threats to intimidate the victim.
• Presence of a Weapon: The offender must possess or use a weapon during the act. Even if the weapon is fake or non-functional, its display can meet this criterion if it instills fear.

Penalties for Armed Robbery in New Jersey

New Jersey law treats armed robbery as a first-degree felony, carrying some of the harshest penalties under the state’s criminal justice system. Convictions may result in:

• Prison Sentences: A minimum of 10 years and up to 20 years in state prison, with sentencing often governed by the No Early Release Act (NERA), requiring offenders to serve 85% of their sentence before becoming eligible for parole.
• Fines: Monetary penalties up to $200,000.
• Permanent Record: A conviction leads to a permanent criminal record, impacting employment, housing, and other opportunities.

Additionally, if a firearm is used, offenders may face additional charges under Graves Act provisions, which impose mandatory prison sentences and parole ineligibility.

Defenses Against Armed Robbery Charges

Given the gravity of armed robbery charges, mounting a strong legal defense is crucial. Common defenses include:

• Mistaken Identity: Misidentification by witnesses can result in wrongful accusations.
• Lack of Intent: The defense may argue there was no intention to commit theft or cause harm.
• False Allegations: In some cases, accusations may stem from misunderstandings or fabricated claims.
• Challenging Evidence: Questioning the legality of evidence collection or its reliability, such as surveillance footage or witness testimony.

An experienced criminal defense attorney in New Jersey can assess the case, identify weaknesses in the prosecution’s arguments, and advocate for reduced charges or case dismissal.

Why Legal Representation is Critical

The consequences of an armed robbery conviction can be life-altering, which is why it’s essential to have skilled legal counsel. A qualified NJ criminal defense attorney understands the complexities of the state’s legal system and can guide defendants through the process. From negotiating plea deals to presenting compelling defenses in court, a defense attorney’s expertise can make a significant difference in the outcome of a case.

Final Thoughts

Armed robbery is a severe crime with significant penalties under New Jersey law. Understanding the legal definition, potential consequences, and viable defenses is the first step toward navigating these charges. If you or someone you know is facing an armed robbery charge, seeking immediate assistance from an experienced NJ criminal defense attorney is essential to protect your rights and secure the best possible outcome.

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Lack of Possession

One of the most effective defenses against weapons charges is proving that the accused did not actually possess the weapon. In New Jersey, possession can be either actual (physically holding the weapon) or constructive (having control over or access to it). If the prosecution cannot establish that the defendant knowingly had control or intent to use the weapon, the charges may be dismissed.

For example, if a weapon was found in a vehicle with multiple occupants, the defense can argue that the weapon did not belong to the accused and they were unaware of its presence.

Unlawful Search and Seizure

The Fourth Amendment protects individuals from unlawful searches and seizures by law enforcement. If a weapon was discovered during a traffic stop or home search without a proper warrant or probable cause, the defense may argue that the evidence was obtained unlawfully. If the court agrees, the weapon and related evidence can be suppressed, weakening the prosecution’s case significantly.

Lack of Knowledge

Knowledge is a key element in many weapons charges. The defense can argue that the defendant was unaware of the weapon’s presence. For instance, if a firearm or other prohibited item was found in a rented vehicle or a shared residence, the accused may claim they had no knowledge of its existence.

Improper Licensing or Permits

New Jersey requires strict adherence to licensing and permitting laws for firearms. However, mistakes or misunderstandings can occur. If the accused possesses a valid out-of-state license and was unaware of New Jersey’s regulations, an attorney may use this to argue for leniency or to have the charges dropped. While this defense doesn’t negate the violation, it can highlight the lack of criminal intent.

Self-Defense or Justification

If the weapon was used or possessed in self-defense or defense of others, this can be a valid legal defense. The defense must demonstrate that the accused faced an imminent threat of harm and that the weapon was used or carried as a reasonable response to that threat. For instance, a person using a knife to fend off an attacker may argue that their actions were necessary to protect their life.

Mistaken Identity

In some cases, weapons charges may result from mistaken identity, such as eyewitness misidentification or being in the wrong place at the wrong time. The defense can present evidence, such as alibis, surveillance footage, or testimony, to prove that the accused was not involved in the alleged crime.

Defective or Misleading Evidence

Weapons charges often rely on physical evidence, such as the weapon itself or forensic analysis. The defense can challenge the validity of this evidence, including its chain of custody, testing procedures, or the reliability of witness statements. If the evidence is mishandled or flawed, it can cast doubt on the prosecution’s case.

Statutory Exceptions and Exemptions

New Jersey law includes several exemptions for possessing certain weapons under specific circumstances. For example, law enforcement officers, members of the military, or individuals using firearms for lawful purposes (like hunting) may fall under these exemptions. Demonstrating that the accused falls within one of these categories can be an effective defense.

Lack of Criminal Intent

Criminal intent is often a critical element in weapons charges. If the accused did not intend to use the weapon for an unlawful purpose, the defense can argue that there was no criminal intent. For example, carrying a weapon for a legal activity, such as transporting it to a gun range, could negate the claim of illegal possession.

Entrapment

If law enforcement officers induced the accused to commit a weapons-related offense that they would not have otherwise committed, the defense may claim entrapment. This defense requires showing that the defendant was persuaded or coerced by authorities into violating the law.

Final Thoughts

Weapons charges in New Jersey are serious, but several defenses can be used to challenge the prosecution’s case. Each defense strategy depends on the specific facts and circumstances of the case. An experienced NJ criminal defense attorney is essential to analyze the evidence, identify weaknesses in the prosecution’s case, and build a strong defense tailored to the defendant’s situation.

If you or a loved one is facing weapons charges, seeking immediate legal counsel is crucial. Understanding your rights and options can make all the difference in achieving a favorable outcome.

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Consent is the difference between sanctioned sexual conduct and criminalsexual conduct. If one party cannot, or makes clear that he or she does not,want to partake in sexual contact with another party, his or her wishes must berespected. If the acting party instead continues to engage in sexual contactwith his or her victim, he or she may be charged with sexual assault. If thecrime meets certain circumstances outlines in N.J.S.A. 2C:14-3, he or she alsofaces criminal sexual conduct charges.

Criminal sexual conduct laws exist to prevent sexual assaults againstchildren and people with disabilities by making the punishments for assaultsagainst these groups harsher. These charges are often added onto sexual assaultcharges.

In its basic form, criminal sexual conduct is a fourth degree crime. If thedefendant is a parent, guardian, or stands in loco parentis to the victim andany of the following circumstances occur, he or she may be charged with fourthdegree criminal sexual conduct.

• The victim is younger than sixteen years old.
• The sexual action is committed during a successful or attempted robbery,arson, burglary, kidnapping, homocide or criminal escape.
• The perpetrator uses a weapon or object that could ostensibly be used as aweapon to to coerce the victim into allowing sexual contact.

The penalties for a fourth degree criminal sexual conduct charge are a jailsentence of up to eighteen months and a fine of up to $10,000. Any personconvicted of criminal sexual conduct may also be subject to Megan’s Lawrequirements and community supervision for the remainder of his or her life.

The charges raise to aggravated criminal sexual conduct, a third degreecrime, if the defendant commits an act of sexual penetration and any of thefollowing conditions are met:

• The victim is between thirteen and sixteen years old
• The act is committed during a successful or attempted robbery, burglary,homocide, arson, kidnapping or criminal escape.
• The offender possesses or threatens to use a weapon or object that couldreasonably be used as a weapon to extort sexual contact from his or hervictim.
• The offender knew the victim was physically or mentally incapable ofdefending him- or herself against the attack, whether permanently ortemporarily.

Third degree crimes are punishable by three to five years in jail and finesof up to $150,000. Like fourth degree criminal sexual conduct convictions,offenders guilty of aggravated criminal sexual conduct are subject to lifelongsupervision and Megan’s Law requirements.

Megan’s Law is an act that was signed into law in 1994 that requires sexoffenders to register with a database that allows law enforcement to see wherethey live and make their presence in a neighborhood known to the public. In2001, Megan’s Law was updated to include an internet registry requirement. Thelaw is named for Megan Kanka, a seven-year-old New Jersey girl who was raped andmurdered by her neighbor in 1994. Recent studies have had mixed results aboutthe effectiveness that Megan’s Law has had on lowering sex crime rates. Despitethe questionable outcome Megan’s Law has had on New Jersey communities, itcontinues to be a part of most sexual assault and criminal sexual conductconvictions. Convicted sex offenders must register with the Sex OffenderRegistry for the rest of their lives. Failing to register is a fourth degreecrime.

Actions considered to be sexual in nature are the touching of the breasts,genitals, buttocks, groin, inner thighs and anal area. Touching can be direct orthrough the victim’s clothing. To be considered criminal sexual contact, thetouching must be done intentionally and with the purpose to either degrade orhumiliate the victim, or around or sexually gratify the offender. The victim’sage is a key part of determining the criminality of a sexual act because it isillegal for an adult to have sexual contact with a child under the age ofsixteen in New Jersey. Additional language in N.J.S.A. 2C:14-2 states age ofconsent laws for relationships where both parties are younger than eighteenyears old. For adults over the age of eighteen, sexual contact with any personyounger than sixteen is illegal, regardless of whether or not the minorconsented to sexual contact.

If you have been accused of criminal sexual conduct, do not take thisaccusation lightly. A sexual conviction can haunt you for the rest of your lifeand restrict you from performing certain jobs. Don’t risk losing this fight –choose an experienced criminal attorney who understands New Jersey sexual lawand will help you build a case to prove your innocence. Call Ron Bar-Nadav, Esq.Today at 201-525-1555. Let him be your guide through this difficult, confusingprocess. Don’t wait – your life and career depend onit.

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I. Introduction

In recent weeks there has been a question about themeaning of the term “substantially identical” in New Jersey’s assault firearmslaw. The Legislature addressed this question in the provisions of the Code ofCriminal Justice, and despite the clarity of the law, it is appropriate for theAttorney General to provide guidance to the prosecutors in order to ensure thatthe law is administered uniformly and effectively throughout the State. N.J.S.A.52:17B-98. I am directing the prosecutors, as chief law enforcement officers oftheir respective counties, to share this guidance with local police departments,who in turn should provide copies of this memorandum to any member of the publicwho requests information on assault firearms.

II. Guidelines

New Jersey law lists firearms that are prohibited”assault firearms.” N.J.S.A. 2C:39-1w.(1). In addition, the law provides thatthe term “assault firearm” includes, “Any firearm manufactured under anydesignation which is substantially identical to any of the firearms listed” inthe law. N.J.S.A. 2C:39-1w.(2). Thus, a firearm is an assault firearm if it isincluded on the list of banned firearms or if it is manufactured under adifferent designation than a firearm on the list but is “substantiallyidentical” to a specific listed firearm.

We believe “substantially identical” is clear byits plain meaning. The Criminal Code provides that the statutes in the Code mustbe read “according to the fair import of their terms.” N.J.S.A. 2C:1-2c. TheCriminal Code explains that where language may be susceptible to differentreadings it must be construed to “give fair warning of the nature of the conductproscribed.” N.J.S.A. 2C:1-2a.(4), c. Simply put, thephrase “substantially identical” must be given its plain meaning, one that givesfair warning.

The term “substantial” means pertaining to thesubstance, matter, material or essence of a thing. The term “identical” meansexactly the same. Hence, a firearm is substantially identical to another only ifit is identical in all material, essential respects. A firearm is notsubstantially identical to a listed assault firearm unless it is identicalexcept for differences which do not alter the essential nature of the firearm.

The following are examples of manufacturer changesthat do not alter the essential nature of the firearm: name or designation ofthe firearm; the color of the firearm; the material used to make the barrel orstock of the firearm; the material used to make a pistol grip; a modification ofa pistol grip. This is not an exclusive list.

A semi-automatic firearm should be considered to be”substantially identical,” that is, identical in all material respects, to anamed assault weapon if it meets the below listed criteria:

A. semi-automatic rifle that has the ability toaccept a detachable magazine and has at least 2 of the following:

1. a folding or telescoping stock;
2. a pistol grip that protrudes conspicuously beneaththe action of the weapon;
3. a bayonet mount;
4. a flash suppressor or threaded barrel designed toaccommodate a flash suppressor; and
5. a grenade launcher;

B. a semi-automatic pistol that has an ability toaccept a detachable magazine and has at least 2 of the following:

1. an ammunition magazine that attaches to the pistoloutside of the pistol grip;
2. a threaded barrel capable of accepting a barrelextender, flash suppressor, forward handgrip, or silencer;
3. a shroud that is attached to, or partially orcompletely encircles, the barrel and that permits the shooter to hold thefirearm with the nontrigger hand without being burned;
4. manufactured weight of 50 ounces or more when thepistol is unloaded; and
5. a semi-automatic version of an automatic firearm;and,

C. a semi-automatic shotgun that has at least 2 ofthe following:

1. a folding or telescoping stock;
2. a pistol grip that protrudes conspicuously beneaththe action of the weapon;
3. a fixed magazine capacity in excess of 5 rounds;and
4. an ability to accept a detachablemagazine.

III. Inquiries fromPrivate Citizens

Law enforcement officers should, whenever possible,attempt to be helpful and to respond to inquiries concerning particularfirearms. Private citizens should also be encouraged to consult with their ownattorneys and, where necessary, referred to the Firearms Unit of the Division ofState Police.

IV. Purpose and Effect of theseGuidelines

In enforcing this law, prosecutors and policeshould remember that an assault firearms offense requires proof that thedefendant knows he or she possesses an assault firearm, e.g., that the defendantknows that the firearm is “substantially identical” to one of the named assaultweapons.

These guidelines should be followed by all countyprosecutors and all law enforcement officers in this State so that the State’sassault firearms laws will be uniformly enforced throughout theState.

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In New Jersey, a simple assault is a disorderly persons offense. This charge is punishable by up to six months in jail and a fine of up to $1,000. N.J.S.A. 2C:12-1 states that a simple assault is considered as such if it meets one of the following characteristics:

• The attackerattempts or succeeds in, whether purposely or due to recklessness,bodily harm to another person.
• The victim suffersinjury from a weapon due to the defendant’s negligence.
• The offender triesto threaten or intimidate the victim with serious bodily harm.

Often, small-scale fights are categorized as simple assault. Unless the it involves a weapon or serious injury, the average street fight or bar scuffle is considered a simple assault.

Aggravated assault is a much more serious charge. An assault is considered “aggravated” if it causes more permanent physical damage or is directed at victims who are part of a few specific categories. N.J.S.A. 2C:12-1(b) outlines the acts that constitute aggravated assault in New Jersey.

If a potentially deadly weapon is used recklessly and causes physical harm to a victim, or if the offender points a firearm, whether its loaded or not, at another person, the offense is classified as a fourth degree aggravated assault. This crime is punishable by up to eighteen months in jail and a fine of up to $10,000.

If the offender tries to cause physical harm to another person with or without a weapon, causes significant harm with a weapon due to carelessness or negligence, intentionally displays a firearm to a police officer or otherwise shows no regard for the safety and well being of others, he or she is charged with a third degree aggravated assault. This and other third degree crimes are punishable by a jail sentence of three to five years and fines of up to $15,000.

The most serious aggravated assault charge, a second degree aggravated assault, must meet the following criteria:

• Any assault whereserious injury is intentionally caused to the victim
• Any attempt tocause serious injury to another person
• Any assault thatcauses injury and is committed while eluding police
• Any fire orexplosion that is caused with the intention of physically harminganother human being.

Second degree crimes come with the penalty of five to ten years in jail with the presumption of incarceration. The presumption of incarceration means that a jail sentence is mandatory if the defendant is found guilty. Second degree crimes also require that the defendant pay a fine of up to $150,000.

The final category of aggravated assault is victim-specific aggravated assault. If a simple assault is committed against a police officer, judge, emergency medical employee, firefighter or school official, it is automatically elevated to the level of fourth degree aggravated assault. If a simple assault against one of the previously mentioned categories results in bodily harm, it is considered a third degree aggravated assault.

If you have been charged with assault or aggravated assault, make sure you have a knowledgeable, experienced lawyer to represent your case. Ron Bar-Nadav has an extensive knowledge of New Jersey criminal law and a successful history of cases won. If you want the best in criminal representation in Bergen County, call 201-525-1555 to speak with Ron Bar-Nadav and find out about your options. Your choice of lawyer is the most important decision you’ll make during the lawsuit process.

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