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xavierjd
xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3400
Experience:  Over 20 yrs experience in prosecution and defense work
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whats the minimum sentencing for strong armed robbery?

Resolved Question:

what's the minimum sentencing for strong armed robbery?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  xavierjd replied 7 years ago.

Thanks for using JustAnswer.com

 

Does the person have any prior criminal history?

 

Thanks

Customer: replied 7 years ago.
yes no felonies. he's never been convicted of a crime but he's had to face probation and pay fines.
Expert:  xavierjd replied 7 years ago.

What was his final conviction for?

 

Thanks

Customer: replied 7 years ago.
I believe he's been charged with strong armed robbery. He used a stage weapon (starters pistol) and it was empty so they dropped armed robbery down to strong arm. He has no lawyer or public defender yet he hasnt been to trial, he was arrested yesterday in florida for a crime commited in new jersey. There was a warrant for his arrest. Prior to this he's been arrested for possesion of drugs he faced probation and paid $1500.
Expert:  xavierjd replied 7 years ago.

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.

 

Customer: replied 7 years ago.
Is there any way he would get a better deal? a plea bargen ? anything ?
Expert:  xavierjd replied 7 years ago.

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.

 

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