Wednesday, November 21, 2012
Conviction For Armed Robbery While Unarmed in NJ?
This case begins like a good joke: An unarmed man walks into a bank and hands the teller a note saying "I've got a bomb- hand over the money." Only in this case the bank was real, the man was real, the teller was real and the penalties are real. The only thing that was not real was the bomb but the man was convicted of first-degree armed robbery by simulation and was sentenced to 14 years. The New Jersey Appellate Division was more forgiving and reversed the conviction as it seemed unreasonable to them, given the circumstances, that the teller could believe the man had a bomb. Their reasoning is that a conviction would require conduct or something indicating the weapon alleged was present. The prosecutor's office argued that bombs are sophisticated these days and have been hidden in shoes and undergarments to be later identified on airplanes and that, failure to see a large ticking device no longer means a bomb is not present. This very well may become an issue ripe for change in the future If you are a defendant in an armed robbery case, you should consult an experienced criminal law attorney immediately in order to protect your rights. For more information on robbery, armed robbery, burglary, theft, shoplifting or other criminal law matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter.