Robbery in New Jersey

N.J.S.A. 2C:15-1 · Assault, Homicide & Violent Offenses

What the law says

A person commits robbery when, in the course of committing a theft, the person uses force or bodily injury, threatens or purposely causes fear of immediate bodily injury, or commits or threatens immediately to commit a first- or second-degree crime. The section also specifies when robbery is a first-degree crime rather than a second-degree crime.

This is an indictable crime. It's prosecuted in the Superior Court, Criminal Part, in the county where it allegedly happened, usually after grand jury review. First-time defendants may be eligible for Pretrial Intervention (PTI).

What the State must prove

To convict, the prosecutor must prove each element beyond a reasonable doubt. Under N.J.S.A. 2C:15-1, that means:

• The conduct occurs in the course of committing a theft, including during an attempt to commit theft or in immediate flight after the attempt or commission.
• The person inflicts bodily injury or uses force upon another.
• The person threatens another with, or purposely puts that person in fear of, immediate bodily injury.
• The person commits or threatens immediately to commit a crime of the first or second degree.

How the charge is graded

• Robbery is a crime of the second degree.
• Robbery is a crime of the first degree if, in the course of committing the theft, the actor attempts to kill anyone, purposely inflicts or attempts to inflict serious bodily injury, or is armed with, uses, or threatens the immediate use of a deadly weapon.

General sentencing ranges

Unless a statute sets a different penalty, New Jersey's general sentencing laws (N.J.S.A. 2C:43-6, 2C:43-8, and 2C:43-3) set these maximums:

Other rules that can matter

• An act is 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.

Common defense strategies

Every case turns on its facts, but defenses we often explore include:

• Self-defense or defense of others under N.J.S.A. 2C:3-4 and 2C:3-5, when the force used was reasonable
• Challenging the level of injury the State alleges, which often decides whether a charge is simple or aggravated
• Witness credibility, inconsistent statements, and video that contradicts the complaint
• Lack of the required mental state (purposely, knowingly, or recklessly)
• Suppression of statements taken in violation of Miranda

What to do right now

1. Don't discuss the facts with police, the alleged victim, or anyone on a jail phone or social media.
2. Write down everything you remember, including names, times, and locations.
3. Keep every document you received, such as the complaint, summons, and release conditions.
4. Follow all release and no-contact conditions exactly.
5. Call a New Jersey criminal defense lawyer before your first court date.

How we help

Edward G. Appel has defended New Jersey clients since 1988 in municipal and Superior Courts in all 21 counties. We review the discovery, look for weaknesses in the State's case, file motions where they're warranted, and push for dismissals, downgrades, or diversion before you face a trial. Call 856-856-2373 for a free, confidential consultation about your Robbery charge.

Related charges

• Murder →
• Manslaughter →
• Vehicular Homicide (Death by Auto) →
• Strict Liability Vehicular Homicide →
• Simple Assault →
• Aggravated Assault →
• Assault by Auto →
• Terroristic Threats →

Disclaimer: This page is general information about New Jersey law, not legal advice, and doesn't create an attorney-client relationship. Prior results don't guarantee a similar outcome.