N.J. Supreme Court Defines "Armed With a Deadly Weapon"

Under N.J. criminal statutes, robbery is in the first degree (between 10 and 20 years' imprisonment) where it is "armed." Otherwise it is second degree (between 5 and 10 years imprisonment). But how is "armed" defined where a firearm is not used?

It seems the key is whether the defendant had an intent to use the weapon in a manner capable of producing death or serious bodily injury. It must be accessible with that intent. Accordingly, the Supreme Court ruled yesterday that juries must be so charged:

"For first-degree robbery, if a weapon possessed by a defendant was not a firearm, the defendant cannot be
considered to have been armed with a deadly weapon unless he or she had immediate access to the potential weapon
and an intent to use it in a way that was capable of producing death or serious bodily injury. Because the judge’s
jury instructions in this case eliminated the issue of “intent,” a proper evaluation of the evidence was precluded and
the first-degree robbery conviction must be reversed. "