Mitigation that a court would likely consider could include employment status, family and community support, completion of drug treatment or counseling, and ability to make restitution to the victim. A second, third or fourth degree crime is considered a felony. HOW SERIOUS IS MY THEFT BY UNLAWFUL TAKING CHARGE? Second degree, third degree, and fourth degree criminal charges are indictable in nature and must be handled at the Superior Court in the county in which the alleged offense was committed. We recognize the issues in these cases and know how to respond in order to mount a strong defense. A guilty party can receive up to seven years in prison and a $15, 000 fine. It is an affirmative defense to prosecution based on paragraphs b, c, d or f that the property obtained was honestly claimed as restitution or indemnification for harm done in the circumstances or as lawful compensation for property or services. We will investigate your case and provide you with an aggressive, skilled defense, making sure that your rights are being protected in the process.
L. 95; amended 2003, c. 43. For example, a person who steals a piece of jewelry and sells it to a pawn shop with no plan to reclaim the property would have committed Theft by Unlawful Taking. He did not run, seem nervous, or make incriminating statements to the police. Purdon's Pennsylvania Statutes and Consolidated Statutes. Third-degree involves property worth less than $50, which subjects the offender to up to one year in jail and a $2, 500 fine. Although the decision to commit a theft is very often impulsive and made on the spur of the moment, the effects of a theft conviction are long-lasting and very negative. Theft Can Be A Felony Or Misdemeanor. This single act comprised two crimes. ARD does not involve any admission of guilt or wrongdoing, and the AMP program may not involve an admission of guilt depending on the level of the program offered. However, the statute is often interpreted broadly by NJ prosecutors to encompass situations when a defendant does not actually take or move the property in question. It is important to hire a lawyer to handle a retail theft charge — even if it is a first offense. If a defendant unlawfully takes property worth $200 to $2, 000, they are guilty of first-degree misdemeanor theft and can receive up to five years in prison and a $10, 000 fine.
For movable property, you can be charged if you steal someone else's property or exercise control over it while intending to deprive the victim of its ownership. Convictions can also be extremely damaging for any professional who has to deal with professional licensing issues. Let's break down a few of these terms further. If you were to steal the property of another in Pennsylvania, you would be charged under this statute. The penalty for this type of conviction depends on the value of the items in question. The theft charge does not have any distinct elements. The Philadelphia criminal defense lawyers of Goldstein Mehta LLC can help you or your loved one with Theft by Unlawful Taking ("TUT") charges and other types of theft charges. What is Unlawful Taking? Second, the movable property must belong to another. A charge for theft by unlawful taking can come in the form of a misdemeanor and as a felony depending on the value of the property stolen. Our defense attorneys argued that police failed to identify I. as the driver of the vehicle. Anything beyond $2, 000 will be considered a felony. Being creative with each case is important. Proudly serving the Abington, Ambler, Bala Cynwyd, Bensalem, Blue Bell, Bristol, Conshohocken, Doylestown, Hatfield, Horsham, Jenkintown, Lansdale, Lower Merion, New Hope, Norristown, North Wales, Plymouth Meeting, Plymouth Meeting, Pottstown, Upper Dublin, Upper Merion & Upper Providence areas.
Penalties on Conviction. Fourth degree theft by unlawful taking carries up to eighteen (18) months in jail. Theft by Unlawful Taking is a crime in New Jersey which occurs when someone either takes or exercises control over tangible property without the owner's consent and with the intent to deprive the owner of his property. This would mean that you must have planned to keep the property of another permanently or must have planned to get rid of the property so as to make it unlikely that the owner will recover it. The law that comes into play in every Mercer County theft by unlawful taking offense is N. J. S. A. You'll notice that even theft of less than $50 could leave you paying for a $2, 500 fine. It is the transfer of such property which is vital to a conviction. It is probably the most common form of theft charge that you can face in Jackson, Manchester, Berkeley, Lacey, Toms River or another location in Ocean County. As long as you comply with the terms of a pre-trial diversion program, your charges will be dismissed and expunged from your record. The bottom line is that if you've been charged with an act of unlawful taking, it is paramount that you speak with a competent Mercer County unlawful taking defense lawyer as soon as you can. Lack of Witnesses to the Crime - It is very common for the prosecution to simply charge Theft by Unlawful Taking any time that the defendant is caught with stolen goods. Listed by District Number. Besides theft by unlawful taking, if you knowingly take the property of another, there are other crimes you can be charged with.
A skilled, experienced criminal defense attorney will also consult expert witnesses or testimonies and look for ways to lessen the charges you face. Injuries From Accidents. Kentucky law has many different classifications when it comes to the taking of another person's property. If you are questioned by the police or arrested for theft, it's important to retain an experienced and aggressive defense attorney as soon as you can. Theft of Movable Property as a Disorderly Persons Offense (property valued at $200 or less): maximum sentence of 6 months to be served in the county jail. Lawrence NJ Theft Lawyer||Pennington Theft Offense Defense Attorney|. The criminal charge of theft by unlawful taking is probably the broadest category of theft offense under New Jersey law. Theft by unlawful taking of property with a value of less than $200 is a disorderly persons offense. It is a crime of the Third-Degree if the benefit received was at least $500, but less than $75, 000, and it is a Second-Degree crime if the benefit was $75, 000 or more. A skilled criminal lawyer is going to be your best tool for avoiding a record and associated penalties irrespective of which venue your case will be heard. The facts of each case are different and require individual analysis and determination as to which avenues of relief are most useful. Second Degree Felony: The unlawful taking of a firearm when the defendant is not involved in buying and selling firearms is a felony of the second degree.
ONCE SHE HAS COMPLETED THE COMMUNITY SERVICE, HER CHARGE WILL BE EXPUNGED AND REMOVED FROM HER RECORD. Second degree offense: 5 to 10 years in prison. Legislative Commissions. This means that jail time is not always required upon conviction in Pennsylvania and New Jersey. Theft by receiving stolen property becomes a felony of the third degree if the receiver is in the business of buying or selling stolen property. Our attorneys understand the gravity of these allegations and will pursue all available avenues to protect your future.
Should these two crimes merge for sentencing purposes? 334, § 1, effective June 6, 1973. The following example will illustrate the concept of a lesser included offenses and the doctrine of merger: EX #1: A Robbery occurs wherein Joe sticks a gun to Mary's head. The Pennsylvania Criminal Code 18 Pa. C. S. Sec. In many cases involving felony valuations, it is still possible to negotiate for a lesser gradation if the defendant does not have a significant criminal history.
If you steal from a store, then you face a charge of retail theft which is a misdemeanor that increases in punishments based on how much was stolen.
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