Criminal Law Questions? Ask a Criminal Lawyer.
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Does the person have any prior criminal history?
What was his final conviction for?
Thanks for the further information.
An individual arrested or indicted for robbery in the second degree (strong-armed robbery) is exposed to 5 to 10 years of jail. Any prison term imposed for robbery in NJ is also subject to the No Early Release Act ("NERA"). NERA mandates that an individual serve at least 85% of his or her prison term before they are eligible for parole.
The answer is that it depends. It depends upon whether the prosecutor will plea bargain the case. It depends upon whether there were any extenuating circumstances in the case. It depends upon whether the prosecutor will refuse to plea bargain because of his prior conviction for drugs.
However....Because a finding of guilty to robbery always triggers the No Early Release Act, defense attorneys will focus on having the charge downgraded to Theft of the Person, a third degree crime which falls outside of NERA.
Therefore, it will be important that he obtain an attorney ASAP to help him with his case.