New Jersey Fencing Defense Lawyers
Fencing is not one of the most common charges issued in New Jersey and that is do in large part to what the statute seeks to prosecute. As you will see below this crime seeks to prosecute anyone alleged to be selling stolen goods. Law enforcement prefers to apprehend individuals in the act. With that being said, it is unusual for a Defendant to be charged with fencing alone in New Jersey. More often than not, an individual charged with fencing will also end up being charged with theft of moveable property, receiving stolen property, theft by deception and of course shoplifting. If you have been charged with fencing or any other theft related offense in New Jersey, the criminal defense attorneys at Proetta & Oliver can help. These offenses can become very problematic for the prosecution, especially if the individual was not caught in the act.
If you would like to come into our office for an initial consultation with one of the criminal defense lawyers on staff at Proetta & Oliver then please contact us at (732) 856-9959. Combined, we have handled more than a thousand theft related offenses throughout our careers, including fencing and shoplifting charges. Our office serves all of New Jersey including areas like Morris County, Hudson County, Passaic County, Monmouth County, Union County, Burlington County, Middlesex County and Somerset County. Whether you have been charged with shoplifting, fencing or any other offense for that matter, let the experienced criminal defense attorneys at Proetta & Oliver help. Do not let a simple mistake or lapse in judgement jeopardize your future. For more information on fencing, please see below.
Fencing Defense Attorneys in Mercer County NJ
As touched upon above, the crime of fencing is in essence seeking to punish anyone that is selling stolen goods. This charge is similar the crime of receiving stolen property except that to be convicted of fencing, the prosecution must not only prove that you are in possession of stolen property but that you are also in business of selling that property. The crime of fencing in New Jersey will be governed by NJSA 2C:20-7.1. It is actually broken down into two different subsections, the possession of altered property and the dealing in stolen property. Here is a breakdown of each subsection.
NJSA 2C:20-7.1(a): Possession of Altered Property:
- This section of the fencing statute seeks to prosecute anyone who is in the business of dealing property that is found to be in possession of property that they knew or should have known that the identifying features, i.e. serial numbers etc, had been removed or altered. With that being said, it will be considered an affirmative defense to this subsection if the defense can show prove that the Defendant had lawful ownership over the said property, regardless of the altering.
NJSA 2C:20-7.1(b): Dealing in Stolen Property
- Under this section of the fencing statute, the purpose is to prosecute anyone who is actually dealing the stolen property. A Defendant could be prosecuted under this subsection if the prosecution believes the individual is: trafficking, initiates, organizes, plans, finances, directs, manages or supervises the trafficking of stolen goods.
So as you can see, the prosecution can not only go after the individual who is found to simply be in possession of the altered good but anyone that is in the actually selling the stolen goods as well. If you have been arrested and charged with fencing in New Jersey and would like to speak to one of our experienced New Jersey criminal defense attorneys about your options then please contact us directly at (732) 856-9959.
Fencing Lawyer in Hudson County NJ
At Proetta & Oliver we treat every client like they are our only client. We are dedicated to making sure that every possible angle of defense is explored before we enter into court. If you have been charged fencing, shoplifting, burglary, possession of burglary tools, robbery or any other crime for that matter, the Law Offices of Proetta & Oliver can help. We have been defending clients accused of crimes in courts throughout New Jersey for years now. We frequently appear in courts like Paramus, Jersey City, Union Township, Bridgewater, Freehold, Wayne, Edison, Woodbridge, Toms River, Lawrenceville, Elizabeth, Brick and Washington. If would like a free consultation with one of our New Jersey shoplifting defense lawyers today, then please contact us at (800) 464-0506.