Lodi NJ Receiving Stolen Property Lawyers

If you or a loved one has been charged with receiving stolen property it is imperative that you speak to an experienced criminal defense attorney immediately. Prior to law enforcement actually charging an individual with receiving stolen property an extensive police investigation takes places. This typically includes some form of interview / interrogation of potential defendants. To protect your interests, it is important that you speak to a qualified criminal defense attorney prior to agreeing to any form of interview, as any statements that you make will ultimately be used against you in a criminal proceeding. In addition, depending on how the interrogation goes, you might find yourself charged with other criminal offenses like robbery, theft by deception, shoplifting and theft of moveable property. (Click here to get more info on previously mentioned crimes) The Law Offices of Jonathan F. Marshall has been defending individuals charged with receiving stolen property throughout Bergen County including towns like Carlsdalt, Dumont, Cresskill, Hillsdale, Montvale, Lodi, Garfield and Ridgewood for over fifteen years. Here is some key information with regards to the charge of receiving stolen property, including the elements of the offense.

Receiving Stolen Property Attorneys in Lyndhurst NJ: N.J.S.A. 2C:20-7

Before a defendant can be convicted of Receiving Stolen Property the state must prove five material elements beyond a reasonable doubt. Specifically, the state must prove that the property in question belonged to another; that the said property was in fact stolen; that the defendant knew the said property was in fact stolen or reasonably believed it was stolen; that the defendant acquired either possession, control, or title of the property and lastly, that the defendant acted knowingly.

There are two potential forms of possession:  actual and/or constructive. Actual possession will be found when it can be shown that the defendant had the object in question on his person and that he had knowledge of its character. Conversely, constructive possession will be found when it can be shown that the item in question was located in a position where the defendant was able to exercise control over it.  Further, possession over an item may be solely or jointly possessed. If two or more people share either actual or constructive possession of a the item in question, both parties will be found to be in joint possession.
 

Culpability:

As you saw above, the state must prove that the property in question was in fact stolen.  With that being said, all the state really needs to prove is that the defendant believed that the said property probably was stolen. However, if a person innocently acquires stolen property and later learns that the said property was stolen, even if  she retains the property or disposes of it with this new knowledge, she will not be found guilty of receiving stolen property.

Grading of the Offense:

  • Second Degree Receiving Stolen Property: More than $75,000.00
    • Carries a potential 5-10 years in a NJ Sate Prison.
  • Third Degree Receiving Stolen Property: $500-$75,000.00
    • Carries a potential 3-5 years in a NJ Sate Prison.
  • Fourth Degree Receiving Stolen Property: $200.00-$500.00
    • Carries up to 18 months in a NJ Sate Prison.
  • Disorderly Persons Receiving Stolen Property: Less than $200.00
    • Carries up to 6 months in the Bergen County Jail.

Paramus NJ Receiving Stolen Property Lawyers

The Law Offices of Jonathan F. Marshall has over 100 years of combined experience on staff, including over twenty years of prosecuting experience. Our staff is comprised of seven criminal defense attorneys, including three former prosecutors.  If you or someone you know has been charged with receiving stolen property in towns like Ramsey, Saddle Brook, Paramus, Elmwood Park, Fort Lee, Lodi and Edgewater, we can help. If have any further questions and would like to speak to one of our experienced criminal defense attorneys than feel free to contact any one of our Bergen County Offices.