Reviewed by the Marketing Team, New Jersey Criminal Defense Attorneys PCLast reviewed . Law current as of October 2026.
Under N.J.S.A. 2C:15-1, a theft becomes robbery if, in the course of it, the person injures or uses force on someone, threatens or purposely puts someone in fear of immediate bodily injury, or commits or threatens a first- or second-degree crime. Robbery is a second-degree crime. It is first degree if the person tries to kill anyone, purposely inflicts or tries to inflict serious bodily injury, or is armed with, uses or threatens the immediate use of a deadly weapon. Robbery is covered by the No Early Release Act.
Theft plus force or threat
Robbery starts with a theft or an attempted theft. What makes it robbery is force, injury, a threat of immediate bodily injury, or a threat of a serious crime "in the course of committing a theft," which the statute defines to include an attempt and the immediate flight afterward. So a shoplifting that turns into a struggle with a store employee in the parking lot can be charged as robbery.
Second vs first degree
| Facts | Degree | Ordinary prison range (2C:43-6) |
|---|---|---|
| Force, bodily injury, threat or fear of immediate bodily injury, or threat of a first- or second-degree crime | Second | 5 to 10 years |
| Attempt to kill, purposely inflicting or attempting serious bodily injury, or armed with, using or threatening the immediate use of a deadly weapon | First | 10 to 20 years |
Robbery is listed in the No Early Release Act, N.J.S.A. 2C:43-7.2. If prison is imposed, the person must serve 85% before parole eligibility, followed by five years of parole supervision for first degree or three years for second degree. NERA also covers attempts and conspiracies. Serious bodily injury and deadly weapon are defined in 2C:11-1.
What happens next
- Arrest, usually on a complaint-warrant. A release decision must be made within 48 hours of commitment to jail, and prosecutors often move for detention in robbery cases. See detention hearings.
- If you are detained, the prosecutor generally has 90 days to indict and 180 days after indictment to start trial, excluding allowed delays (2A:162-22).
- Grand jury presentation, indictment and arraignment in the Superior Court.
- Discovery, motions, plea negotiation or trial.
Common defense issues
- Whether there was a theft or attempted theft at all
- Whether force or a threat happened during the theft or immediate flight, or later and separately
- Whether an object was a deadly weapon, or simply looked like one
- Whether an injury meets the serious bodily injury definition
- Identification, video and witness credibility
Related guides
- Degrees of crimes
New Jersey's first- through fourth-degree crimes compared: prison ranges, maximum fines, presumptions of incarceration and non-incarceration, NERA, and the Graves Act.
- Pretrial Intervention (PTI)
How New Jersey's Pretrial Intervention program works under N.J.S.A. 2C:43-12 and Rule 3:28: who is eligible, the $75 fee, supervision of 6 months to 3 years, plea requirements, and appeals.
- Detention hearings
How New Jersey detention hearings work under Criminal Justice Reform: when they happen, the Public Safety Assessment, the clear and convincing standard, and the 90/180-day deadlines.
- Grand jury and indictment
How New Jersey grand juries work: who presents, what the jurors decide, waiving indictment, and what happens after an indictment is returned.
- Shoplifting (2C:20-11)
What counts as shoplifting under N.J.S.A. 2C:20-11, how value sets the grade, the concealment presumption, store detention, and mandatory community service.
- Unlawful gun possession and the Graves Act
How N.J.S.A. 2C:39-5 grades unlawful possession of handguns, rifles and other weapons, the Graves Act mandatory minimum under 2C:43-6(c), and the 2C:43-6.2 waiver.
- Eluding police (2C:29-2(b))
Eluding under N.J.S.A. 2C:29-2(b): when it is third or second degree, the traffic-violation inference, the 6-month to 2-year license suspension, and resisting arrest.
- Theft of services (2C:20-8)
Theft of services under N.J.S.A. 2C:20-8: dine and dash, unpaid rides and hotels, utility meter tampering, cable and telecom theft, how value sets the grade, and the $500 minimum fine.
- Burglary
How New Jersey grades burglary under N.J.S.A. 2C:18-2, the 2024 residential burglary and home invasion burglary crimes, prison ranges, and when the No Early Release Act applies.
- Aggravated assault (2C:12-1b)
How N.J.S.A. 2C:12-1(b) defines aggravated assault, which conduct is second, third or fourth degree, assaults on officers and protected workers, strangulation in domestic violence cases, and the court process.
Frequently asked questions
What is the difference between theft and robbery in NJ?
Robbery is theft plus force, injury, a threat of immediate bodily injury, or a threat of a serious crime during the theft or the immediate flight afterward (N.J.S.A. 2C:15-1).
Is armed robbery first degree in New Jersey?
Yes. Robbery is first degree if the person is armed with, uses or threatens the immediate use of a deadly weapon, tries to kill anyone, or purposely inflicts or attempts serious bodily injury.
Does NERA apply to robbery?
Yes. Robbery is listed in N.J.S.A. 2C:43-7.2. A prison term requires serving 85% before parole eligibility, plus parole supervision afterward.
Where we handle these cases
Essex County · Hudson County · Bergen County · Passaic County · Union County · Middlesex County · Monmouth County · Morris County · Ocean County · Mercer County · Somerset County · Hunterdon County · Sussex County · Warren County
Sources
This page provides general information about New Jersey law. It is not legal advice, and reading it or contacting us does not create an attorney-client relationship. Every case is different and no outcome is guaranteed.
