Cranford Police Charge Man With First-Degree Bank Robbery
Wilfred A. Dunn of Red Bank, New Jersey, has been charged by police with the alleged robbery of the TD Bank in Cranford, Union County, New Jersey. Police say that the man passed a note to a teller stating that he was armed with a handgun and was handed $4000 in bundled cash. Dunn was arrested based on eyewitness descriptions of Dunn and his vehicle and bank surveillance video. A police search of Dunn’s vehicle allegedly revealed cash and a starter pistol. Police charged Dunn with first-degree robbery and possession of a weapon for an unlawful purpose. Robbery is a very serious crime under New Jersey law and anyone charged with robbery should contact a New Jersey criminal defense lawyer for representation.
Under N.J.S. 2C:15-1, A person is guilty of robbery if, in the course of committing a theft, he: (1) inflicts bodily injury or uses force upon another; or (2) threatens another with or purposely puts him in fear of immediate bodily injury; or (3) commits or threatens immediately to commit any crime of the first or second degree. An act is deemed to be included in the phrase “in the course of committing a theft” if it occurs in an attempt to commit theft or in immediate flight after the attempt or commission. Robbery is generally a second-degree crime; however, it becomes a first-degree crime if, in the course of committing the theft the actor attempts to kill anyone, or purposely inflicts or attempts to inflict serious bodily injury, or is armed with, or uses or threatens the immediate use of a deadly weapon.
The punishment for robbery is also very severe in New Jersey. Generally, second-degree crimes carry a prison sentence between five and ten years. First-degree crimes generally carry a prison sentence between ten and twenty years. In addition, first-degree and second-degree crimes carry a presumption of imprisonment, which means that the Court will almost certainly impose a state prison term upon conviction unless the imposition of a state prison term would be a serious injustice.
Moreover, anyone convicted of robbery in New Jersey is also subject to the No Early Release Act (“NERA”), N.J.S. 2C:43-7.2. NERA is designed to make sure that offenders do not receive an early parole after being convicted of certain violent crimes by requiring that any defendant convicted of a crime that falls under NERA sesrve 85% of their prison term before becoming eligible for parole. Moreover, under New Jersey’s Graves Act, N.J.S. 2C:43-6, anyone who uses or possesses a firearm in the course of the commission of a crime is subject to a mandatory minimum term of imprisonment, during which they are ineligible for parole. Anyone convicted of a second Graves Act offense is subject to an extended term, which for first-degree crimes could be up to life imprisonment.
As this article illustrates, the crime of robbery carries very serious consequences in New Jersey. However, in most cases, there are defenses available to defendants that can lead to the suppression of evidence, an outright acquittal, or the downgrading of a crime to a less serious offense. Therefore, anyone charged with robbery in New Jersey should contact a New Jersey criminal defense lawyer for assistance and representation.
