Aggressive, Thorough Armed Robbery Defense From an Armed Robbery Defense Attorney in Jersey City, NJ
Being accused of armed robbery in New Jersey is one of the most serious situations a person can face in the criminal courts. A conviction can bring many years in state prison, strict parole ineligibility, and a permanent record that follows you into every job application, licensing review, and immigration interview. It can also impact your family life, financial stability, and reputation within the community.
When the allegation is that a theft involved a gun, knife, or other weapon, you are not simply fighting a property crime. You are facing a violent first-degree felony that prosecutors, judges, and law enforcement treat as a priority. In that setting, you need a North Jersey armed robbery lawyer who understands both the letter of the law and the reality of how these cases are prosecuted in Hudson, Essex, Union, Middlesex, and Passaic Counties.
Anthony R. Gualano has devoted over 35 years to 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, a distinction held by only a small percentage of lawyers in the state. Over his career, he has tried countless jury and bench trials involving robbery, armed robbery, homicide, gun and weapons charges, sex offenses, official misconduct, white collar crimes, and complex Megan’s Law matters. He has secured acquittals in complex violent crime cases and has negotiated outcomes that substantially reduced sentencing exposure when the evidence left little room to dispute involvement.
From his Jersey City office at 549 Summit Avenue, Mr. Gualano represents professionals, parents, students, and business owners across North and Central Jersey. As an armed robbery defense attorney in Jersey City, NJ, he is known for methodical preparation, thoughtful strategy, and a courtroom presence that is firm but respectful, focused on credibility rather than theatrics. Use his online contact form to schedule your initial consultation today.
How New Jersey Defines Armed Robbery
New Jersey’s robbery statute, N.J.S.A. 2C: 15-1, defines robbery as a theft that involves force, injury, or threats. A person is guilty of robbery if, in the course of committing a theft or in immediate flight afterward, the person:
- Inflicts bodily injury or uses force on another, or
- Threatens another with, or purposely puts that person in fear of, immediate bodily injury, or
- Commits or threatens immediately to commit any crime of the first or second degree.
This is the baseline for robbery. The offense becomes armed robbery when the State alleges that the person was armed with a deadly weapon or used or threatened the immediate use of a deadly weapon while committing the theft. Under subsection (b) of the statute, robbery is graded as a first-degree crime 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.
“Deadly weapon” is defined separately in N.J.S.A. 2C: 11-1(c) as any firearm or other weapon, device, instrument, material, or substance that, in the manner it is used or intended to be used, is known to be capable of producing death or serious bodily injury, or that is fashioned in a way that would lead the victim reasonably to believe it is capable of producing death or serious bodily injury.
New Jersey’s courts have explained that this definition is broad enough that a simulated or fake weapon can qualify as a deadly weapon if it is presented in a way that causes the victim to reasonably believe it is real. That means an object that looks like a firearm, or that is concealed but hinted at in a threatening way, can still support a first-degree armed robbery charge in some circumstances.
Penalties for Armed Robbery and the No Early Release Act
The grading of a robbery charge has a direct and dramatic impact on sentencing exposure.
First Degree Armed Robbery
Because armed robbery is treated as first-degree robbery, the standard sentencing range is:
- 10 to 20 years in New Jersey State Prison, with
- A potential fine of up to 200,000 dollars.
In practice, the most important feature of a first-degree armed robbery conviction is that it is subject to New Jersey’s No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. Robbery is listed explicitly among the NERA offenses. Under NERA, a person must serve at least 85 percent of the sentence before becoming eligible for parole.
That means:
- A 10-year sentence requires at least 8.5 years before parole consideration.
- A 15-year sentence requires at least 12 years and 9 months.
- A 20-year sentence requires at least 17 years.
There is no early release for good time credits before the 85 percent requirement is satisfied.
Second Degree Robbery By Contrast
If the State cannot prove that a deadly weapon was involved or that there was an attempt to kill or cause serious bodily injury, robbery is generally graded as a second-degree crime, with a sentencing range of five to 10 years in prison and fines up to $150,000. Second-degree robbery also triggers NERA, but the shorter range can make a substantial difference in real time served.
Because the difference between first and second degree robbery can amount to many years of additional incarceration, one of the central jobs of a North Jersey armed robbery lawyer is to challenge the State’s proof on the “armed” aspect of the case and to push, where consistent with the evidence and the client’s goals, for reductions in degree.
Firearms and the Graves Act
When an armed robbery allegation involves a firearm, another layer of complexity enters the picture through New Jersey’s Graves Act, primarily codified at N.J.S.A. 2C: 43-6(c). The Graves Act requires mandatory periods of parole ineligibility for certain firearm-related crimes and for crimes committed while using or possessing a firearm.
In practical terms, that means:
- A person convicted of certain first-, second-, or third-degree crimes in which a firearm is used or possessed may face a mandatory minimum term, typically between one-third and one-half of the sentence imposed, and at least three years, during which parole is not available.
- For repeat firearm offenders, the court may be required to impose extended terms.
Armed robbery cases that involve guns are, therefore, often subject to both NERA and the Graves Act, resulting in overlapping mandatory periods of parole ineligibility. Navigating these statutes, advocating for waivers, and structuring any plea to minimize mandatory minimums is highly technical work.
An experienced armed robbery defense attorney, such as Mr. Gualano, is familiar with how county prosecutors apply Graves Act policies in real cases and how to argue for relief when the circumstances support it.
Common Armed Robbery Allegations in North Jersey
Armed robbery charges can arise in many different settings, including:
- Robberies of convenience stores, gas stations, and other small businesses, where a person is accused of displaying or brandishing a firearm or knife while demanding money
- Street-level muggings in which a wallet, phone, or jewelry is taken from a person by force, with a weapon visible or implied
- Robbery charges paired with carjacking, home invasions, or burglaries, where a weapon is used or threatened during the course of the theft
- Situations where a minor or simulated weapon is alleged to have been presented in a way that made the victim believe it was capable of serious harm
In each of these, the label “armed robbery” can conceal important differences in what actually occurred. For some clients, the central challenge is identification. For others, the dispute centers on whether any weapon was truly involved or whether it was used in the manner described by the State. For some, the question is whether they were an active participant or merely present when someone else used force.
How a North Jersey Armed Robbery Lawyer Approaches These Cases
Armed robbery cases are evidence-driven. They often involve a combination of eyewitness testimony, surveillance footage, forensic evidence, electronic records, and statements. Mr. Gualano’s approach reflects his decades of trial work and his view that serious preparation earns credibility in the courtroom and in negotiations.
Careful Analysis Of Identification Evidence
Many armed robbery prosecutions depend on whether the State can prove that the accused is the person who committed the crime. Identification evidence may be based on:
- On-scene identifications or show-ups
- Photo arrays or lineups
- In court identifications during hearings and trials
- Surveillance video that may be grainy, distant, or incomplete
As an armed robbery lawyer, Mr. Gualano examines these procedures for suggestiveness and error. He looks for:
- Inconsistencies between initial descriptions and later identifications
- Weaknesses in the opportunity to observe, such as poor lighting or stress
- Cross-racial identification issues and other factors have been shown in research to affect reliability
When appropriate, he files motions challenging unduly suggestive identification procedures and uses cross-examination to highlight uncertainty for the jury.
Disputes About Weapons And Injury
In first-degree armed robbery, the State must show that the accused attempted to kill, purposely inflicted or attempted to inflict serious bodily injury, or was armed with, used, or threatened the immediate use of a deadly weapon.
Mr. Gualano focuses on questions such as:
- Was the object in question actually capable of causing death or serious bodily injury
- Was the injury inflicted truly “serious bodily injury” under the statute, which generally means a substantial risk of death, serious permanent disfigurement, or long-term impairment
- Did the accused actually possess a weapon, or is the allegation based on assumptions or perceptions that may not be accurate
He reviews medical records, photographs, and forensic reports and may consult independent experts when necessary. In some cases, this work supports a reduction from first-degree armed robbery to second-degree robbery. In others, it may support an argument that the conduct, if proven at all, amounts to a simple theft or assault rather than robbery.
Statements, Searches, And Suppression Issues
Armed robbery investigations often involve aggressive interrogation and searches of homes, vehicles, phones, and clothing.
Mr. Gualano evaluates:
- Whether warrants were obtained correctly and executed
- Whether searches were conducted without a warrant based on questionable consent or alleged exigent circumstances
- Whether Miranda warnings were properly administered before custodial questioning
- Whether any confession or admission was voluntary, or whether it was the product of coercion, misunderstanding, or pressure
When constitutional violations are present, he files motions to suppress physical evidence or statements. If a key weapon, piece of clothing, or statement is excluded, the State’s case can weaken significantly.
Accomplice Liability And Overcharging
It is common for the State to charge everyone associated with a group incident as if they were equally responsible for an armed robbery, even when some individuals never handled a weapon or took property. New Jersey’s accomplice liability rules allow for broad charging, but the State still must prove that each accused person shared the required intent and actively promoted or facilitated the robbery.
A careful armed robbery defense attorney in Jersey City, NJ, like Mr. Gualano, distinguishes:
- Merely being present, from actually acting as a lookout or driver
- Knowledge after the fact from prior agreement to participate
- Minimal involvement from central planning or weapon use
These distinctions can lead to reduced charges or more favorable sentencing positions, especially for clients with limited prior records.
Sentencing Strategy and Mitigation
When a case does not resolve in an acquittal or dismissal, sentencing becomes critically important, especially with NERA and possible Graves Act minimums. At this stage, Mr. Gualano draws on his decades of experience in criminal, civil, and family law to present a comprehensive picture of the client.
He prepares detailed submissions addressing:
- Employment history and professional responsibilities
- Family obligations, including caregiving for children or elderly relatives
- Lack of prior record, or long periods of law-abiding life between prior incidents and the current case
- Education, community involvement, and evidence of rehabilitation
- Any mental health, trauma, or substance use factors that may have contributed to the offense, along with documented efforts at treatment
New Jersey judges must weigh aggravating and mitigating factors in choosing a specific sentence within the statutory range. A strong mitigation package can help persuade a court to impose a sentence at the lower end of the range, to run multiple sentences concurrently rather than consecutively, and, where legally possible, to apply any available flexibility in NERA or Graves Act calculations.
Who Turns to Anthony R. Gualano for Armed Robbery Defense
While he represents clients from many backgrounds, a large part of Mr. Gualano’s armed robbery caseload involves:
- Licensed professionals, including healthcare providers, teachers, lawyers, and law enforcement or corrections officers
- Business owners and managers are concerned about their enterprises and employees
- College and graduate students whose futures would be damaged by a lengthy prison term and a violent felony record
- Parents and caregivers whose families depend on their income and presence
These clients usually want more than a marketing slogan. They want a North Jersey armed robbery lawyer who is respected by judges and prosecutors, who takes the time to understand the evidence and the client’s goals, and who is willing to prepare exhaustively rather than rely on empty bravado.
Mr. Gualano brings to their cases:
- Supreme Court of New Jersey Criminal Trial Certification
- More than three decades of serious criminal defense, including numerous jury trials on violent felony charges
- Extensive experience in civil and family law, which is critical when criminal charges intersect with business disputes, divorce, custody, or professional licensing
- Admissions in all New Jersey and Pennsylvania state courts and multiple federal courts, including the United States Supreme Court
He is also a long-recognized member of The National Trial Lawyers Top 100 Trial Lawyers and is known among colleagues, judges, and clients for his preparation and professionalism.
Speak With a North Jersey Armed Robbery Lawyer
If you or someone you care about is under investigation or has been charged with armed robbery, robbery with a firearm or other weapon, or related offenses in Jersey City, Newark, Elizabeth, Paterson, New Brunswick, or anywhere else in North Jersey, you should not face the situation alone or assume that the case will resolve itself. The State is already gathering evidence and planning its strategy.
To discuss your case with an experienced armed robbery lawyer, use this online form to contact Anthony R. Gualano Law in Jersey City. As a seasoned armed robbery defense attorney, Mr. Gualano will speak with you directly, review the allegations and discovery, explain your options clearly, and begin building the thorough, strategic defense you need to protect your liberty, your record, and your future.