North Jersey Robbery Lawyer

Relentless, Strategic Robbery Defense Representation From a Robbery Defense Attorney in Jersey City, NJ

A robbery charge in New Jersey is not just another theft case. It is treated as a serious crime of violence that can put you in state prison for years, trigger the No Early Release Act, and leave you with a permanent felony record that affects your career, professional license, immigration status, and reputation.

If you are accused of robbery in Hudson, Essex, Union, Middlesex, Passaic, or anywhere else in North Jersey, you need a North Jersey robbery lawyer who understands that this is a high-stakes problem and has the skill and judgment to handle it.

Anthony R. Gualano has over 35 years of experience defending individuals charged with serious crimes in New Jersey and Pennsylvania. He is certified by the Supreme Court of New Jersey as a Criminal Trial Attorney, an honor held by only a small percentage of lawyers in the state. Over decades, he has tried countless jury and bench trials involving robbery, homicide, gun and weapons offenses, sex crimes, official misconduct, white collar crimes, and complex Megan’s Law matters. He has obtained acquittals in cases that included allegations of armed robbery, aggravated assault, and other violent felonies, and has negotiated resolutions that significantly reduced sentencing exposure when the evidence could not be ignored.

From his Jersey City office at 549 Summit Avenue, Mr. Gualano represents clients throughout North and Central Jersey. He focuses on serious felony cases for people who have a great deal to lose and are ready to invest in a strategic, thorough defense. As a robbery defense attorney in Jersey City, NJ, he is recognized for his meticulous preparation, respectful yet firm advocacy, and a practical understanding of how judges and prosecutors in Hudson, Essex, Union, Middlesex, and Passaic counties typically handle robbery charges. Use his online contact form to schedule your initial consultation today.

How New Jersey Defines Robbery

New Jersey’s robbery statute is N.J.S.A. 2C: 15-1. A person is guilty of robbery if, in the course of committing a theft, he:

1. Inflicts bodily injury or uses force upon another, or
2. Threatens another with or purposely puts that person in fear of immediate bodily injury, or
3. Commits or threatens immediately to commit any crime of the first or second degree.

The law explains that an act occurs “in the course of committing a theft” if it happens during an attempt to commit theft or during immediate flight after the attempt or commission.

In plain terms, robbery is theft combined with force, injury, or threat. It can involve:

• Pushing or striking someone and taking property
• Threatening to hurt someone if they do not hand over money or valuables
• Using or threatening to use a weapon while stealing
• Using force or threats while escaping immediately after a theft

New Jersey courts and commentators often describe robbery as stealing “from a person” by force or fear, whether that means snatching a bag and punching the victim, pointing a gun at a store clerk, or threatening to injure someone who tries to follow after a theft.

This is very different from simple theft or shoplifting. A shoplifting case might involve taking property from a store shelf without any confrontation. Robbery requires an element of force, injury, threat, or another serious crime in connection with the theft.

Degrees Of Robbery and Potential Penalties

Robbery is always a serious offense in New Jersey, but the law distinguishes between second-degree robbery and first-degree robbery based on the degree of danger posed by the conduct.

Second-Degree Robbery

By default, robbery is a crime of the second degree. Second-degree crimes in New Jersey typically carry:

• 5 to 10 years in state prison, and
• Fines up to 150,000 dollars.

For robbery, there is usually a presumption of incarceration, even if this is the person’s first indictable offense, because robbery is considered a violent crime.

First-Degree Robbery

Robbery becomes a crime of the first degree if, in the course of committing the theft, the accused:

• Attempts to kill anyone, or
• Purposely inflicts or attempts to inflict serious bodily injury, or
• Is armed with, or uses or threatens the immediate use of, a deadly weapon.

First-degree robbery typically carries:

• 10 to 20 years in state prison, and
• Fines up to 200,000 dollars.

Importantly, courts have held that a toy gun or fake weapon can still be treated as a deadly weapon for robbery sentencing purposes if the victim reasonably believes it is real and is placed in fear.

The No Early Release Act (NERA)

Robbery is one of the violent offenses that triggers New Jersey’s No Early Release Act, N.J.S.A. 2C:43-7. Under NERA, a person convicted of first- or second-degree robbery must serve at least 85 percent of the sentence before becoming eligible for parole.

This means:

• A 10-year sentence involves at least eight and a half years in custody before parole consideration.
• A 20-year sentence involves at least 17 years before parole consideration.

For professionals, parents, business owners, and students, the difference between first-degree and second-degree robbery, or between robbery and a lesser offense, can be life-changing. A North Jersey robbery lawyer like Mr. Gualano focuses closely on grading and NERA exposure from the very beginning.

Robbery, Carjacking, and Other Related Offenses

Robbery frequently appears alongside other serious charges. Understanding how they fit together is crucial for developing an effective defense strategy.

Robbery And Carjacking

Carjacking is defined separately in N.J.S.A. 2C:15-2 and involves an unlawful taking of a motor vehicle while inflicting or threatening bodily injury, committing another serious crime, or operating the vehicle with the occupant still inside.

Carjacking is always a first-degree crime, with an enhanced sentencing range of 10 to 30 years in prison, and a mandatory minimum of at least 5 years without parole, as well as NERA’s 85 percent requirement.

In some cases, conduct that prosecutors initially describe as carjacking may more accurately fit robbery or even a lesser theft. A careful review of the facts can mean the difference between facing 10 to 30 years in prison and facing the ordinary first- or second-degree robbery ranges.

Robbery With Weapons, Assault, Or Other Charges

Robbery is often charged together with:

• Possession of a weapon for an unlawful purpose
• Unlawful possession of a weapon
• Aggravated assault or simple assault
• Theft offenses, burglary, or receiving stolen property

Separate convictions can result in consecutive sentences, where the time for one offense begins only after the time for another offense ends, which can significantly increase the total exposure.

As a robbery defense attorney in Jersey City, NJ, Mr. Gualano analyzes each count in the indictment, seeks ways to challenge or separate charges, and argues against unnecessary consecutive sentencing where permitted by law.

How a North Jersey Robbery Lawyer Builds a Defense

Robbery prosecutions are often built on eyewitness accounts, surveillance footage, forensic evidence, and sometimes statements from the accused or co-defendants. Each of these has vulnerabilities that a careful defense can expose.

Challenging Identification And Eyewitness Testimony

Many robbery cases revolve around the question: Who did it? Eyewitness identifications can be mistaken, particularly when:

• The incident happens at night or in poor lighting
• The witness is under stress or frightened
• The witness had only a brief view of the suspect
• There are cross-racial identification issues

Mr. Gualano reviews:

• Lineup procedures and photo arrays for suggestive practices
• Differences in how witnesses described the suspect at different times
• 911 calls and initial statements versus later testimony

He uses these inconsistencies to argue that the State has not proven beyond a reasonable doubt that the accused is the person who committed the robbery.

Questioning The Use Of Force, Threat, Or “Deadly Weapon”

For robbery, the State must prove not just theft, but also some combination of force, injury, threat, or a companion to a first- or second-degree crime.

Key questions often include:

• Was there actual bodily injury, or was this really a theft without significant force
• Did the person truly threaten immediate bodily injury, or were they simply present during a scuffle or argument
• Was the object allegedly used a true deadly weapon, or an item that never justified a first-degree enhancement

When the prosecution attempts to elevate second-degree robbery to first-degree based on the use of a weapon or injury, Mr. Gualano closely examines the medical records, photographs, and witness accounts to determine if the facts genuinely meet the statutory requirements or if the grading is overstated.

Suppression Of Illegally Obtained Evidence

Robbery investigations can involve searches of homes, cars, phones, or clothing. They may also involve custodial interrogations.

Mr. Gualano reviews:

• Whether the police had a valid warrant or a lawful basis to search
• Whether any consent to search was voluntary and informed
• Whether Miranda warnings were given before custodial questioning
• How statements were obtained, especially if the accused was young, intoxicated, exhausted, or intimidated

When evidence is obtained in violation of constitutional protections, he files motions to suppress. If the court excludes key physical evidence or statements, the State’s case can weaken dramatically.

Pushing For Charge Reductions And Lesser Offenses

Often, the factual disputes in robbery cases center around degree and intent rather than whether any incident occurred at all. Part of a robbery lawyer’s role is to:

• Argue that first-degree robbery should be reduced to second-degree if the proof of a deadly weapon, attempted killing, or serious bodily injury is thin
• Argue that the conduct described as robbery more accurately fits a theft plus simple assault
• Argue that a juvenile or minimally involved person should be treated less harshly than a principal offender

These arguments can be used in plea negotiations and at trial, and they are crucial to limiting NERA exposure and the length of any potential sentence.

The Criminal Process In Robbery Cases

Robbery cases in Hudson, Essex, Union, Middlesex, and Passaic Counties follow the general New Jersey criminal process, but local experience is also important.

1. Investigation and arrest: Police may respond to a robbery scene, gather witness statements, collect video, and trace property or weapons. Sometimes an arrest occurs on the spot. In other situations, detectives identify a suspect later and seek an arrest warrant. Early involvement by counsel can help protect against damaging statements and guide the handling of any search or seizure.
2. Complaint, first appearance, and pretrial detention: After arrest, the State can file a complaint-warrant and seek pretrial detention. New Jersey utilizes a risk-based system that considers a person's criminal history, the nature of the charge, and other relevant factors. Robbery, especially first-degree robbery, is often treated as a significant risk factor. At the first appearance, the court advises the accused of the charges and considers detention. As a robbery defense attorney, Mr. Gualano argues for release under appropriate conditions and corrects any overstatements in the State’s risk narrative.
3. Indictment by grand jury: Robbery cases are indictable, so the county prosecutor presents evidence to a grand jury. If the grand jury finds probable cause, it returns an indictment. During this time, Mr. Gualano reviews preliminary discovery and identifies early issues for motions and defense investigation.
4. Discovery, motions, and plea discussions: After indictment, the State must turn over discovery, which may include reports, videos, photos, forensic results, and prior statements. Mr. Gualano studies this material carefully, files motions to suppress where appropriate, and begins frank discussions with clients about the strengths and weaknesses of the case. He also engages in plea discussions where it makes sense, seeking downgrades, favorable sentencing ranges, or alternative outcomes when justified by the evidence and the client’s background.
5. Trial when necessary: When a fair resolution is not available or when a client wants a jury to decide the case, a trial becomes necessary. As a Supreme Court-certified Criminal Trial Attorney, Mr. Gualano brings decades of courtroom experience to cross-examination of witnesses, handling of forensic evidence, and argument to judges and juries. His style is strategic and professional, focusing on credibility and reasonable doubt rather than theatrics that may backfire.
6. Sentencing and NERA issues: If there is a plea or conviction, sentencing must address NERA, aggravating and mitigating factors, and whether terms will run concurrently or consecutively with any other sentences.
   
   At this stage, Mr. Gualano prepares detailed submissions about:

• Employment history and professional responsibilities
• Family obligations and caregiving roles
• Lack of prior record or long periods without contact with the criminal system
• Rehabilitation efforts, education, and community ties

The goal is to persuade the court to impose the lowest sentence that is reasonably available within the statutory and NERA framework.

Who Turns to Anthony R. Gualano for Robbery Defense

While he represents clients from many walks of life, a substantial part of Mr. Gualano’s robbery practice involves:

• Licensed professionals, including healthcare providers, teachers, lawyers, corrections officers, and law enforcement officers
• Business owners and managers whose companies and employees depend on them
• College and graduate students whose careers and reputations are at risk
• Parents and caregivers whose families could be devastated by a long prison term

These clients are often looking for a North Jersey robbery lawyer who is strategic, likeable, and deeply prepared, not someone whose bravado might impress a crowd but damage credibility with judges and prosecutors. They want a robbery defense attorney in Jersey City, NJ, who understands that the criminal case is only part of a larger picture that includes licensing, employment, immigration, and family concerns.

Mr. Gualano’s decades of experience in criminal, civil, and family litigation, along with his broad admissions in New Jersey and Pennsylvania state and federal courts, including the United States Supreme Court, allow him to advise with that broader view in mind.

Speak With a North Jersey Robbery Lawyer Today

If you are under investigation or have been charged with robbery, armed robbery, or related offenses in Jersey City, Newark, Elizabeth, Paterson, New Brunswick, or anywhere else in North Jersey, you should not try to navigate the system alone or assume the case will simply go away. The State is already building its case. You deserve someone building a defense.

To discuss your situation with an experienced robbery lawyer, contact Anthony R. Gualano Law in Jersey City with his online contact form. As a seasoned robbery defense attorney, Mr. Gualano will speak with you directly, review the allegations and discovery, explain your options in clear, honest terms, and begin crafting the strategic, carefully prepared defense you need to protect your rights, your record, and your future.