Armed Robbery in New Jersey Toy, Fake Guns Qualify

Wall New Jersey Criminal Defense Attorneys serving Monmouth County, Ocean County, Middlesex County and all surrounding NJ areas.

Posted: November 18, 2009

Using a Toy or Fake Gun Used in a Robbery Could Lead to Serious Charges

A Perth Amboy New Jersey man was recently sentenced in Middlesex County New Jersey for robbing a Chinese delivery man by pointing an “imitation” handgun at the delivery person while taking the food, a cell phone and 70 dollars, according to my Central Jersey.com. Many defendants believe that using an imitation firearm during a robbery cannot possibly be as serious as using a real firearm. Those defendants could not be more wrong.

In New Jersey a person can be charged with First Degree Armed Robbery if in the course of committing a theft, they are armed with, or use, or threaten the immediate use of a deadly weapon. N.J.S.A. 2C: 15-1. What most defendants do not realize is that the definition of deadly weapon under New Jersey law, includes any object that the victim would reasonably believe is capable of producing death or serious bodily injury. N.J.S.A. 2C: 11-1c. The practical reality is that a defendant is charged with the same crime, armed robbery, whether he sticks his finger in his pocket to mimic a gun or uses a loaded semi-automatic weapon during the robbery.

I do not know if the Perth Amboy man in Middlesex County knew about the serious implications of using an imitation firearm during the crime but it appears as if his attorney was able to negotiate a good deal in light of the circumstances. According the article, the defendant received an 8 year sentence with parole ineligibility of approximately 6 years pursuant to the No Early Release Act. N.J.S.A. 2C:43-7.2. For the defendant to receive only an 8 year sentence, the first degree armed robbery would have had to have been amended to a second degree (5 to 10 years) or treated as a second degree for sentencing purposes. Ordinarily, a first degree Armed Robbery carries a minimum 10 year sentence and a maximum of 20 years.

The criminal law firm of Clark & Noonan, LLC is an exclusive criminal defense law firm serving the State of New Jersey including Monmouth, Middlesex, Ocean and Mercer Counties. If you have been charged with Armed Robbery or Robbery, please do not hesitate to contact our office today. Our former Prosecutors and Certified Criminal Trial Attorney have successfully handled thousands of Robbery and Theft related crimes and will give you the immediate answers you need. Call today for a free consultation at 732-303-7857.

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