Criminal Law Questions? Ask a Criminal Lawyer.
Thanks for using JustAnswer.com
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).