Robbery law is defined in New Jersey Criminal Code N.J.S.A. 2C:15-1. In New Jersey, a robbery occurs when a person commits a theft and a second act or threat of violence at the same time. Such a second act includes:
- Inflicting bodily injury or using force upon another person
- Threatening another person with or purposely putting them in fear of immediate bodily injury
- Committing or threatening to immediately commit any crime of the first or second degree
If a person commits one of those acts in the course of committing a theft, while attempting to commit a theft or while fleeing after committing a theft, the theft becomes a robbery.
Robbery is typically a crime of the second degree. However, robbery can be a first-degree crime if a weapon is used or if the person attempts to kill or inflict serious bodily injury upon the victim.
There are also several subsets of robbery, including:
Carjacking – Carjacking is a type of robbery in New Jersey. Carjacking is a first-degree crime and can lead to a sentence of 5 – 30 years. Serving at least five years in prison is mandatory for carjacking.
Armed Robbery – Armed robbery includes all robberies committed using a deadly weapon, force, or immediate threat of bodily injury. Armed robberies are first-degree crimes in New Jersey. If a weapon was used, weapons charges mandate a prison sentence of at least three-and-a-half years.