Two Red Bank Men Found Guilty of Armed Robbery
After a two week trial before the Honorable Anthony Mellaci Jr. at the Monmouth County Superior Court, two Red Bank men were convicted of armed robbery, possession of a weapon for an unlawful purpose, and unlawful possession of a weapon.
On July 18, 2007, the men went to the Little Diamond jewelry store on Shrewsbury Avenue in Red Bank, posing as customers. They robbed the store owner at gunpoint and fled the scene when another customer entered the store. Police obtained fingerprints from the scene and the victims identified both perpetrators. The defendants are facing up to twenty (20) years in prison based on these convictions. Sentencing has been scheduled for May 29, 2009.
Robbery charges in New Jersey are governed by N.J.S.A. 2C:15-1 which provides:
§ 2C:15-1. Robbery
a. Robbery defined. 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 shall be 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.
b. Grading. Robbery is a crime of the second degree, except that it is a crime of the first degree 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.
As you can see, the Defendants in this case were facing 1st degree robbery charges based on the use of a gun in the commission of the robbery. For additional information see "Two Convicted of Robbing Red Bank Jewelry Store at Gunpoint".
