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An offender is guilty of a crime of the second degree if the value of the property or services involved is $75, 000 or more or the property is human remains or a controlled dangerous substance in excess of one kilogram. Theft is taking unlawful possession or control of someone else's property. Upon conviction, an individual can face up to 30 years in prison and a fine of up to $200, 000. Fines: A disorderly person's offense theft by deception conviction can result in a fine of up to $1, 000, while a fine for second-degree felony theft by deception conviction can be as high as $15, 000. A person extorts if he purposely threatens to: a. However, it must be emphasized that the county prosecutors often downgrade an indictable theft charge to Municipal Court even when the amount of the theft exceeds $200. First, you should try to convince the prosecutor to downgrade their charge to a municipal ordinance violation. Nj theft by unlawful taking. Theft by deception requires specific accusations relating to criminal conduct to properly meet the criminal elements. Defense attorney Jason A. Volet can carefully review the case against you, explain your rights and options, and work diligently to obtain the best outcome possible for you. In addition, it will appear on your criminal record. If the driving privilege of any person is under revocation, suspension, or postponement for a violation of any provision of this Title or Title 39 of the Revised Statutes at the time of any conviction or adjudication of delinquency for a violation of any offense defined in this chapter or chapter 36 of this Title, the revocation, suspension, or postponement period imposed herein shall commence as of the date of termination of the existing revocation, suspension or postponement. 2) Represents in writing that a written instrument purporting to describe a person's financial condition or ability to pay as of a prior date is accurate with respect to such person's current financial condition or ability to pay, whereas, he knows it is substantially inaccurate in that respect. The property taken can be "movable" or "immovable. "

Theft By Unlawful Taking Nj Car

C. A person who possesses a falsely made, forged, altered, counterfeited or simulated motor vehicle insurance identification card, knowing that the insurance identification card was falsely made, forged, altered, counterfeited or simulated, commits a disorderly persons offense. If you are charged with theft in New Jersey, the possible penalties you face will depend on: - Type of theft crime – When people refer to "theft" in New Jersey, they generally mean the crime of theft by unlawful taking or disposition, which is defined in N. J. S. A. New Jersey Theft Defense Attorneys Available to Help with Criminal Cases. A person commits a petty disorderly persons offense if, knowing that he is not licensed or privileged to do so, he enters or remains in any place as to which notice against trespass is given by: (1) Actual communication to the actor; or. Then we will build you the strongest defense available under the law in order to strive for your exoneration in court or at least minimize the consequences of a conviction. Value of the property – The value of the item stolen in a theft crime bears significantly on the potential punishment. Petty Theft Charges in NJ. 2C:20-3(a), a person is guilty of theft of movable property if they unlawfully take or exercise control over movable property that belongs to another person. They will explain all the defenses to theft by unlawful taking.

Theft of lost property, or theft of wrongly delivered property. A first-degree offense is usually charged in theft cases where it is also paired with another more violent crime like carjacking, for example. Please call me to discuss any New Jersey theft charge or related charge, at my offices in Freehold, NJ. Partners Robert A. Bianchi and David J. New Jersey Theft Offenses and Penalties | Misdemeanor, Felony Theft NJ. Bruno are also both certified by the Supreme Court of New Jersey as Criminal Trial Attorneys. When it comes to second and first degree theft offenses, there is a presumption of imprisonment. The prosecutor is tasked with proving very specific actions and criminal intent when prosecuting a theft by deception case. For a first offense, in addition to any other punishment, a person convicted of stealing a car shall be fined $500 and lose their driver's license for 1 year. It can also be because the theft took place in conjunction with another serious crime.

General Consequences for Theft Crimes in NJ. There are a few tiers of offenses for theft in New Jersey, determined by the amount of money stolen or the severity of the theft. It is an affirmative defense to prosecution for theft that the actor: - Was unaware that the property or service was that of another; - Acted under an honest claim of right to the property or service involved or that he had a right to acquire or dispose of it as he did; or. This offense has additional prison exposure beyond even a typical first degree crime such as armed robbery, which may result in between 10 and 20 years of imprisonment. Other factors that will make a theft charge a 3rd degree crime under New Jersey law are: - The property stolen is a firearm (gun, rifle, pistol), or a motor vehicle, vessel, boat, horse, domestic companion animal or airplane; - The property stolen is a controlled dangerous substance or controlled substance analog and the amount involved is less than $75, 000. The risk must be of such a nature and degree that, considering the nature and purpose of the actor's conduct and the circumstances known to him, its disregard involves a gross deviation from the standard of conduct that a reasonable person would observe in the actor's situation. Theft by unlawful taking nj degrees. It is no defense that theft or computer criminal activity was from or committed against the actor's spouse, except that misappropriation of household and personal effects, or other property normally accessible to both spouses, is theft or computer criminal activity only if it occurs after the parties have ceased living together. Were you arrested or charged with theft in New Jersey? Ms. Forrester's skills, experience, and reputation are evident in the results she consistently achieves for her clients. If you have or think you might have committed an act of theft, here is what you need to know. In other words, there are specific situations in which the value of the items will not determine the grading of a theft offense. Assuming someone else's identity (identity theft). A judge must also order the shoplifter to perform community service for at least 10 days and up to 25 days. The punishment for a conviction of theft by unlawful taking vary with the value of the goods stolen.

Theft By Unlawful Taking Nj Degrees

Otherwise, insurance fraud is a crime of the third degree. If you or someone you love has been charged with a theft crime in New Jersey, it is important to understand what theft is, the common types of theft offenses charged in New Jersey, and the potential consequences of being convicted. 2) Is armed with or displays what appear to be explosives or a deadly weapon. Theft by unlawful taking nj car. However, a theft conviction will ruin many people's lives. Is There a Defense for Theft By Unlawful Taking? It often occurs when the parties know one another and permission was given on prior occasions to use the car.

A charge of theft can be dismissed if evidence can be presented that disproves one or more of those factors. Property stolen is a New Jersey Prescription Blank. Receiving stolen property – N. 2C:20-7. c. Theft by deception – N. 2C:20-4. New Jersey law defines theft as unlawfully taking or exercising control over someone else's moveable property with the objective of depriving the rightful owner of the property. As used in this section, "information" includes, but is not limited to, personal identifying information as defined in subsection v. of N. 2C:20-1. b. Grading of forgery. Theft by Unlawful Taking in New Jersey – N.J.S.A. 2C:20-3. A person is guilty of a crime of the fourth degree if he purposefully destroys, alters or falsifies any record relating to the care of a medical or surgical or podiatric patient in order to deceive or mislead any person as to information, including, but not limited to, a diagnosis, test, medication, treatment or medical or psychological history, concerning the patient. To charge someone with theft of moveable property, the property must: - be moveable. Further, credit card theft can be as simple as possessing the physical credit card of another.

However you choose to address the charges, we are here to protect your rights and fight for the best possible outcome in your case. This is a fourth-degree crime similar to burglary, but the defendant does not have the intent to commit an offense once inside. It is an affirmative defense to prosecution under subsections a., b. and c. of this section that the actor reasonably believed that the owner or any other person authorized to give consent would have consented to the operation had he known of it. With such harsh penalties, it is important to have the best defense available. The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. We have an office conveniently located at 60 Morris Turnpike, Summit, NJ 07901. F. Any person who possesses or uses any anti-shoplifting or inventory control device countermeasure within any store or other retail mercantile establishment is guilty of a disorderly persons offense.

Nj Theft By Unlawful Taking

The fact that any payment or other disposition was made with a subsequently dishonored negotiable instrument shall constitute prima facie evidence of the actor's failure to make the required payment or disposition, and the trier of fact may draw a permissive inference therefrom that the actor did not intend to make the required payment or other disposition. The State would try to prove that you "received stolen property" (which equates to a theft) and that you should have known the bike was stolen. There are several different kinds of theft according to New Jersey law. 2C:18-3c is a fourth-degree crime when the defendant, knowing they are not allowed to, peers into a window in order to invade another's privacy under circumstances in which a reasonable person would not expect to be observed.

What is the Statute of Limitations for Theft Charges in New Jersey? Additional fine for auto theft. Whether it's for the thrill of it, a compulsion you can't control, or a real need, shoplifting occurs when a person takes, conceals, or alters merchandise or price tags in an attempt to purchase the item for less than the full retail value. Every person convicted of a theft offense in Municipal Court must pay a $50 VCCB assessment, and a $75 SNF Fund. A violation of this subsection shall be deemed to be a continuing offense as long as the conditions described in this subsection exist. Theft becomes robbery when the act involves forcibly taking property directly from a person. The following is a reproduction of NJ's 'Unlawful Taking' Statute NJSA 2C:20-10: a.

Notwithstanding the provisions of N. 2C:43-3 and in addition to any other fine or penalty imposed, a person who commits theft in violation of subsection a. of this section shall be liable to a fine of up to $ 1, 000 for each headstone, headstone marker, flag or flag holder that the person removed or over which the person exercised control. If you have been accused of stealing from your employer, you need experienced legal representation via a New Jersey white collar criminal defense lawyer. Petty theft is different, however. Whether a weapon was used. If you are convicted, your employment prospects could be significantly impacted as well, and you could face various practical consequences in virtually all aspects of your daily life. Fourth Degree: Up to 18 Months in Prison, Maximum $10, 000 Fine. Property stolen is a controlled substance valued at less than $75, 000 and less than one kilogram. In other words, if the act was not performed with purpose to deprive the rightful owner of their property, then the state may be unable to sufficiently prove the theft.

New Jersey theft lawyer. If our attorneys cannot resolve the case with a dismissal or a fair and just plea bargain, our lawyers at The Bianchi Law Group will not hesitate to select a jury and take the case to trial. Pre-Trial Intervention Program. After the car is not returned, the rental companies may contact police. Amount stolen is less than $200. Below is a summary of the different levels of theft and the possible penalties for each level.

With regard to theft crimes, the statute explains the following: a. Movable property. A theft charge is a fourth degree crime if the value of the items are worth more than $200, up to $500. Contact An Experienced Union County Criminal Defense Lawyer About Your Violence Charges In New Jersey. The Penalties for Theft Crimes in New Jersey depend on the circumstances of the Theft. Fourth-Degree Felony. A person is guilty of theft if they knowingly receive property that they know (or should know) is stolen. Criminal simulation. Social Security phone scams. This is the amount of time which the prosecution has to press charges. The report shall include the complete name, address, date of birth, eye color and sex of the person and shall indicate the first and last day of the suspension or postponement period imposed by the court pursuant to this section. Also, a second-degree offense may be accompanied by an additional crime such as robbery.