My question involves criminal law for the state of: New Jersey

My husband was at a shoprite in May 2010 attempting to shoplift a cart of food. While trying to walk out of the store, a plain-clothes security guard, who did not identify himself, attacked my husband from behind. My husband, not knowing who this man was, defended himself by engaging in a physical altercation. During the altercation, this security guard discovered a knife my husband carries for his own protection as he has been jumped and robbed before.

He was immediately charged with robbery and was taken to county jail. He is currently out on bail awaiting a pre-indictment conference decision.

My husband has an extensive criminal record stemming approximately 30 years and based on this, the deals given to him were lucrative. The last deal (before possibly deciding to take his case to grand jury) was a five year sentence with 85%.

Yesterday, approximately 3 months after the incident, my husband was told by a friend that it would be possible to press charges against this security guard for assault. He believes that there is a videotape that could corroberate his story. However, if there is not, our attorney advised him that it is possible for him to face 40 years to life in prison.

The attorney has not done anything to help the situation at all which is why I am asking you.

1) Is it possible for him to press charges based on the time frame and facts?

2) What are the chances of him serving less than 5 years for this case if brought to grand jury?

3) Based on the facts, is the charge of robbery appropriate?

I appreciate your assistance.
worriedwife30, New Jersey