Theft Defense Lawyers in New Jersey
If you have been accused theft of moveable property in New Jersey, in counties like Bergen County, Morris County, Ocean County, Union County or Somerset County, let the Law Offices of Proetta & Oliver help. We have been defending clients accused of crimes like theft by deception, theft, receiving stolen property, burglary, burglary tools, shoplifting or credit card fraud in courts throughout New Jersey for years now. All theft charges in New Jersey will be governed by NJSA 2C:20-3. As you will see below, a theft charge is a rather serious crime in New Jersey. Depending on the degree of the offense, a Defendant could be facing up to a decade behind bars. Furthermore, based on the new bail reforms, the prosecution now has the ability to detain a Defendant in jail, without bail, pending trial. This typically only happens on second or third degree theft charges and before a Defendant could be detained, the prosecution must file for a Detention Hearing. During that hearing it will be the prosecutions burden to establish by clear and convincing evidence that the Defendant needs to be detained pending trial. For more information on Detention Hearings, please contact us at (732) 856-9959.
At Proetta & Oliver we are well aware that no two cleints let alone no two cases are the same. As such, we take a tremendous amount of pride in making sure that we can adapt our representation to fulfill our clients personal needs, whether that be a trial, motion practice or negotiating a favorable plea agreement. If you would like to speak to one of our New Jersey shoplifting defense attorneys about your options then please contact us at (732) 856-9959. We serve all of New Jersey including towns like Edison, Jersey City, Uni0n Township, Eatontown, Tinton Falls, Lawrenceville, Woodbridge, Toms River and Paramus. As always, our initial consultations are free of costs, so if you have any questions whatsoever, please do not hesitate to contact us. Do not let a simple misunderstanding or a mistake ruin your life.
Theft Attorneys in Woodbridge NJ
As previously stated, theft of moveable property charges will be governed by NJSA 2C:20-3a in New Jersey. The statute states in pertinent part that: “A person is guilty of theft if he unlawfully takes, or exercises unlawful control over, movable property of another with purpose to deprive him thereof”. In essence, if an individual takes control over another’s property with the underlying intent to deprive them of said property, the individual will be charged with theft. So, as you can tell, the crime of theft of moveable property is a rather straightforward offense. With that being said, the key to defending these types of charges is looking at the Defendant’s underlying “intent”. Was it to actually deprive the owner of the property?
Here is a breakdown of exactly what the prosecution must prove in order to obtain a conviction:
- That the Defendant knowingly took or unlawfully exercised control over property;
- That the property belong to another; &
- The Defendant’s underlying purpose was to deprive the other person of the property.
Moveable Property has been defined as property who’s location can be changed. In other words, just about anything can be considered movable property. If you have been accused of theft of moveable property, the criminal defense attorneys at Proetta & Oliver can help. If you would like to speak to one of our attorneys about your options, then please contact us at (732) 856-9959.
Is a Theft Charge a Felony in NJ?
Whether a Defendant is charged with a felony or a misdemeanor theft offense in New Jersey will be dictated solely by the dollar amount of the property in question. Here is a breakdown of not only the different degrees by also the potential penalties that one faces if convicted.
2nd Degree Theft Charge in NJ:
- To be charged with a second degree theft crime, the State must be alleging that the Defendant stole more than $75,000. If convicted, a Defendant would be facing up to ten years in prison, a fine up to $150,000, a felony criminal record and restitution if applicable.
3rd Degree Theft Charges in NJ:
- To be charged with a third degree theft offense, the prosecution must be alleging that the Defendant stole more than $500 but less than $75,000. If convicted, a Defendant is facing up to five years in a state prison, a fine up to $15,000, a felony criminal record and restitution if applicable.
4th Degree Theft Charges in NJ:
- To be charged with a fourth degree felony theft offense, the prosecution must be alleging that the Defendant stole more than $200 but less than $500 worth of property. If convicted, a Defendant is facing up to eighteen months in a prison, a fine up to $10,000, a felony criminal record and restitution if applicable.
Disorderly Persons Offense Theft Charges in NJ:
- To be charged with a disorderly persons offense (misdemeanor) theft offense, the prosecution must be alleging that the Defendant stole less than $200 worth of moveable property. If convicted, a Defendant is facing up to six months in jail, a fine up to $1,000, a criminal record and restitution if applicable.
Theft Defense Attorneys in Middlesex County NJ
If you have been arrested and charged with a crime like theft of services, theft of moveable property, theft by deception, burglary, robbery, shoplifting or receiving stolen property, we can help. Our criminal defense lawyers have been defending clients charged with theft and theft related offenses in courts throughout New Jersey, including courts in Monmouth County, Passaic County, Essex County, Middlesex County and Mercer County. If you would like to schedule a free one on one consultation with one of our attorneys then please contact us at (732) 856-9959.