Robbery is a violent property crime that combines theft with force or the threat of force. Unlike simple theft, robbery requires that the defendant take property from another person (or in their presence) by force, by putting the victim in fear, or by immediately threatening to commit a serious crime. Because robbery inherently involves confrontation and risk of physical harm, courts and prosecutors treat it as a serious felony with significant prison exposure, steep fines, and long-term consequences.
Robbery charges vary by jurisdiction and by the facts of the case: whether a weapon was used or displayed, whether the victim suffered bodily injury, whether the offense occurred in the immediate course of committing the theft (including flight), and whether the target was a specially protected person or location. These facts determine the degree of the robbery charge and the potential penalties in Pennsylvania and New Jersey.
Statutory Definitions & Penalties — Pennsylvania vs. New Jersey
| Topic | Pennsylvania | New Jersey |
|---|---|---|
| Core legal definition | Robbery occurs when, in the course of committing a theft, the defendant inflicts serious bodily injury, threatens with immediate serious bodily injury, commits or threatens to commit another felony immediately, or inflicts or threatens ordinary bodily injury. Robbery of a motor vehicle (carjacking) is separately defined. | Robbery is committed when, in the course of committing a theft, the actor inflicts bodily injury or uses force, threatens another with immediate bodily injury, or commits/ threatens to commit a first- or second-degree crime. The statute’s language establishes whether robbery rises to higher degrees. |
| How “in the course of committing a theft” is read | Includes acts in an attempt to commit theft and immediate flight after the attempt or commission. Courts look at timing and causal connection between the theft and the force or threat. | Same approach: the force or threat must occur during the attempt, commission, or immediate flight from the theft; timing and nexus to the theft are essential. |
| Grading / Degrees | Robbery is graded by the severity of the conduct (serious bodily injury, weapon use, threats, etc.). Robbery of a motor vehicle (carjacking) is separately graded (highest). Penalties can reach long state prison terms (years to decades) depending on degree and circumstances. | New Jersey grades robbery depending on factors such as whether a deadly weapon was used, the degree of injury, or the nature of the threatened crime. Robbery can be charged at varying degrees (first, second, etc.) with corresponding prison terms and fines. |
| Aggravating factors | Use or display of a weapon, serious bodily injury to the victim, multiple victims, target was a protected person (e.g., officer), robbery during another felony, or robbery of a motor vehicle. | Use of a gun or other deadly weapon, inflicting serious bodily injury, committing robbery in concert, or threatening to commit another serious crime immediately—these elevate degree and sentence exposure. |
| Typical penalties | Depending on grading: multi-year state prison sentences, large fines, mandatory restitution to victims, and long-term parole. Some robbery convictions can carry up to decades in prison for the highest grades (especially carjacking or robberies causing serious bodily injury). | Penalties vary by degree: from multi-year state prison sentences for higher degrees (first/second) down to several years for third/fourth degree offenses. Fines and restitution are typical, and violent circumstances produce the harshest sentences. |
What Lawyer Michael Kotik Can Do
Robbery cases are often high-stakes and fact-driven. Lawyer Michael Kotik brings experienced, practical defense strategies aimed at undermining the prosecution’s case and protecting your rights at every stage:
Immediate case evaluation — Review arrest reports, witness statements, surveillance footage, and forensic evidence to test whether the “force or threat” element and the required timing (in the course of the theft) are actually proven.
Challenge identity & evidence — Attack weak eyewitness identifications, inconsistencies in statements, unreliable surveillance, or gaps in chain of custody for physical evidence.
Dispute essential elements — Argue the absence of required elements (no intent to steal at the time of entry, lack of causal connection between the theft and alleged force/threat, or that the defendant acted in lawful self-defense).
Negotiate wisely — When the evidence is strong, seek charge reductions (to lesser theft or assault counts), sentencing alternatives, or plea arrangements that mitigate prison exposure.
Prepare for trial — Build a full trial defense when needed: call and cross-examine witnesses, present alibi or justification defenses, and introduce helpful expert testimony.
Sentencing advocacy — If conviction is likely, marshal mitigating evidence (employment, family ties, rehabilitation prospects) and argue for the least restrictive sentence available under the law.
Michael tailors defense strategy to the county and court handling the case (Philadelphia, Bucks, Montgomery, Chester, Delaware County, and New Jersey venues), accounting for local practices and the likely prosecution approach.
Contact Lawyer Michael Kotik
A robbery charge demands prompt, experienced legal attention. If you or a family member are charged with robbery in Pennsylvania or New Jersey, call immediately to protect your rights and begin building a defense.
Phone: 267-265-4553
Email: michael.kotik@gmail.com
Disclaimer
This page is for general informational purposes only and does not constitute legal advice. Robbery statutes, grading, and penalties differ between jurisdictions and may change over time. The outcome of any case depends on its specific facts, local court practice, and applicable law. For legal advice tailored to your situation, consult directly with a qualified criminal defense attorney.