New Jersey law defines the crime of robbery when, in the course of committing a theft, a person

(a) knowingly inflicts bodily injury or uses force upon another; or

(b) threatens another with or purposely puts (him/her) in fear of immediate bodily injury; or

(c) commits or threatens immediately to commit any crime of the first or second degree.

For a person in New Jersey to be guilty of robbery, the prosecutor is required to prove each of the following elements beyond a reasonable doubt:

1. That the accused person was in the course of committing a theft,

2. That while in the course of committing that theft the accused person

a. Knowingly inflicted bodily injury or used force upon another; or

b. Threatened another with or purposely put him in fear of immediate bodily injury; or

c. Committed or threatened to commit a crime of the first or second degree.

Your lawyer must examine each of these requirements in detail.

The State of New Jersey must prove, beyond a reasonable doubt, that the accused person was in the course of committing a theft. In this connection, New Jersey considers an act “in the course of committing a theft” when it occurs in an attempt to commit the theft, during the commission of the theft itself, or in immediate flight after the attempt or commission.

New Jersey, in turn, defines theft as the unlawful taking, or exercise of unlawful control over property of another with purpose to deprive him thereof. Thus if your lawyer can cast reasonable doubt on whether a theft occurred, an accused person cannot be convicted of robbery.

The phrase “with purpose” means that it is the person's conscious object to commit the theft, or cause the theft to be committed. A person acts purposely with respect to attendant circumstances if he is aware of the existence of such circumstances or he believes or hopes that they exist. “With purpose”, “designed”, “with design”, or equivalent terms, have the same meaning.

“Purpose” is a state of mind. It cannot be seen. It can be determined only by inference from conduct, words or acts. Therefore, the law does not require that New Jersey produce witnesses to testify that an accused person said that he purposely did something. His purpose may be gathered from his acts and conduct, from all that he said and did at the particular time and place, and from all the surrounding circumstances reflected in the testimony and adduced at trial. If your lawyer can establish a purpose other than to deprive another of property, then there was no theft and, hence, no robbery.

In addition to proving beyond a reasonable doubt that the accused person was in the course of committing a theft, New Jersey must also prove, beyond a reasonable doubt, that while in the course of committing that theft, any one of three additional events occured. The first additional event is that the accused person knowingly inflicted bodily injury or used force upon another.

“Knowingly,” like “purposefully,” is also a state of mind. New Jersey law holds that a person acts “knowingly” with respect to the nature of his conduct or the attendant circumstances if he is aware that his conduct is of that nature or that such circumstances exist or if he is aware of a high probability of their existence. A person acts knowingly with respect to the result of his conduct if he is aware that it is practically certain that his conduct will cause such a result. Because knowledge is a condition of the mind, it, too, cannot be seen. It can be determined only by inferences from conduct, words or acts. A state of mind is rarely susceptible of direct proof but must ordinarily be inferred from the facts. Therefore, it is not necessary that the State of New Jersey produce witnesses to testify that an accused said that he had a certain state of mind when he engaged in a particular act. A jury can find that such proof has been furnished beyond a reasonable doubt by inference, which may arise from the nature of the accused person's acts and conduct, from all that he said and did at the particular time and place, and from all surrounding circumstances.

New Jersey law also defines “bodily injury.” That term means physical pain, illness, or any impairment of physical condition. And “force” means physical power or strength used against the victim, but not simply against the victim's property. The force need not entail pain or bodily harm. It need not leave any mark. Nevertheless, the force must be greater than that necessary merely to snatch the object from the victim's grasp or the victim's person, and the force must be directed against the victim, not merely the victim's property.

To find the accused person guilty of robbery, the intent to commit theft must precede or occur at the same time as the use of force. In other words, the accused person must have formed the intent to commit a theft before or during his use of force. If the accused person formed the intent to commit a theft after his use of force, then he is not guilty of robbery.

The second additional event that New Jersey can prove to elevate theft to robbery is that while in the course of commiting the theft the accused person threatened another with or purposely put him in fear of immediate bodily injury. “Bodily injury” means physical pain, illness or any impairment of physical condition. Although no bodily injury need have resulted, the State of New Jersey must prove that the accused person either threatened the victim with or purposely put him in fear of such bodily injury.

The last additional event that the State of New Jersey can prove in order to establish robbery is that while in the course of commiting a theft the accused person committed or threatened immediately to commit a first or second degree crime.

Robbery by itself is a crime of the second degree. However robbery becomes a crime of the first degree if the actor is armed with, or uses or threatens the immediate use of a deadly weapon. A “deadly weapon” is any weapon, device, instrument, material or substance (whether animate or inanimate) which in the manner it is used or intended to be used, is known to be capable of producing death or serious bodily injury or which in the manner it is fashioned would lead the victim reasonably to believe it to be capable of producing death or serious bodily injury. “Armed with a deadly weapon” means that accused person possessed and had immediate access to a deadly weapon. A “deadly weapon̵ is any firearm or other weapon, device, instrument, material or substance (whether animate or inanimate) which in the manner it is used or intended to be used, is known to be capable of producing death or serious bodily injury. “Serious bodily injury” means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

A firearm means any handgun, rifle, shotgun, machine gun, automatic or semi-automatic rifle. In order for a person to be armed with a deadly weapon, the State of New Jersey must first prove beyond a reasonable doubt that he was in possession of it. Your lawyer must take a close look at how New Jersey defines “possession.”

“Possess” means a knowing, intentional control of a designated thing, accompanied by a knowledge of its character. Thus, the person must know or be aware that he possesses the item, and he must know what it is that he possesses or controls.

This possession cannot merely be a passing control that is fleeting or uncertain in its nature. In other words, to “possess” as New Jersey defines it, the accused person must knowingly procure or receive the item possessed or be aware of his control thereof for a sufficient period of time to have been able to relinquish his control if he chose to do so. And when New Jersey speaks of possession, it means a conscious, knowing possession. New Jersey recognizes two kinds of possession: They are actual possession and constructive possession.

A person is in actual possession of a particular article or thing when he knows what it is: that is, he has knowledge of its character and knowingly has it on his person at a given time. A person who, with knowledge of its character, knowingly has direct physical control over a thing, at a given time, is in actual possession of it.

Constructive possession means possession in which the person does not physically have the property, but though not physically on one's person, he is aware of the presence of the property and is able to exercise intentional control or dominion over it.

A person who, although not in actual possession, has knowledge of its character, knowingly has both the power and the intention at a given time to exercise control over a thing, either directly or through another person or persons, is then in constructive possession of it.

New Jersey law also specifies that possession may be sole or joint. If one person alone has knowing actual or constructive possession of a thing, possession is sole. If two or more persons share knowing actual or constructive possession of a thing, possession is joint.

For the accused person to be guilty of being armed with a deadly weapon, New Jersey must prove beyond a reasonable doubt not only possession but also immediate access to that deadly weapon. New Jersey must prove beyond a reasonable doubt that the deadly was easily accessible and readily available for use during the robbery.

New Jersey law also specifies that the deadly weapon element can be satisfied even when the accused person did not actually possess a deadly weapon but instead purposely threatened the immediate use of such a weapon and purposely engaged in conduct or gestures which simulated possession of a deadly weapon and which would lead a reasonable person to believe the accused person did possess such a weapon. To simulate means to assume the outward qualities or appearance of, often with the intent to deceive. It is a feigned, pretended act, to mislead.

Thus New Jersey does not have to prove that the accused person actually possessed a real, deadly weapon. Rather, the State must prove beyond a reasonable doubt that the accused person purposely led the victim to reasonably believe by words and conduct or gestures that the accused person possessed such a deadly weapon. New Jersey must prove beyond a reasonable doubt that the accused person not only purposely threatened the immediate use of a deadly weapon, but it must also prove beyond a reasonable doubt that the accused person purposely engaged in conduct or gestures that would lead a reasonable person to believe that the accused person possessed a deadly weapon.

New Jersey can prove this element by evidence of an unequivocal or unambiguous simulation of a weapon or of a concealed weapon, or by an equivocal or ambiguous gesture coupled with threatening words that completes the victim's impression of a deadly weapon. In other words, an unequivocal or unambiguous simulation means the accused person's acts or gestures are a clear, unmistakable, and purposeful effort to simulate a weapon or a concealed weapon. In that circumstance, no further words are needed to prove the element. However, a gesture is equivocal or ambiguous if it is unclear or inconclusive in and of itself. If the gesture is unclear or subject to interpretation, then proof of threatening words are also needed.

If New Jersey proves beyond a reasonable doubt that the accused person committed the crime of robbery, but does not prove beyond a reasonable doubt that the accused person was armed with, or used or purposely threatened the immediate use of a deadly weapon (or purposely engaged in conduct or gestures which would lead a reasonable person to believe that the accused person possessed a deadly weapon) at the time of the robbery, then New Jersey law specifies that the accused person guilty only of robbery in the second degree.

If New Jersey satisfies the jury beyond a reasonable doubt that the accused person committed the crime of robbery and was armed with a deadly weapon or used or threatened the immediate use of a deadly weapon, or purposely engaged in conduct or gestures which would lead a reasonable person to believe that the accused person possessed a deadly weapon at the time of the robbery, then New Jersey law holds that the accused person guilty of robbery in the first degree.

New Jersey also specifies other conditions that raise robbery from second degree to first degree. Robbery becomes a crime of the first degree if the actor purposely attempts to kill anyone, or purposely inflicts or attempts to inflict “serious” bodily injury. “Serious bodily injury” means bodily injury that creates a substantial risk of death or that causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

A person is guilty of an attempt to kill or inflict serious bodily harm if he purposely commits an act which constitutes a substantial step toward the commission of the killing or infliction of serious bodily harm.

As you can see, New Jersey law concerning robbery is involved. If you have been charged with robbery, or if there is a likelihood that you may be charged with robbery, it is vital that you consult immediately with an experienced New Jersey criminal defense lawyer. Immediacy is crucial. Time is a precious resource. Do not waste it.

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