Fort Lee NJ Theft Defense Attorneys
If you have been charged with theft by unlawful taking in Dumont, Closter, Paramus, Lodi, Saddle Brook, Mahwah, Fort Lee, East Rutherford or anywhere else in Bergen County New Jersey, The Law Offices of Jonathan F. Marshall can help. The governing statute for theft by unlawful taking in New Jersey is N.J.S.A. 2C:20-3. A defendant charged with theft by unlawful taking may also find themselves charged with receiving stolen property, theft by deception, shoplifting, burglary or even robbery. The charge of theft by unlawful taking can range anywhere from a disorderly persons offense (misdemeanor) all the way up to a second degree indictable offense (felony). Here is some of the pertinent information with regards to theft by unlawful taking, including how the State decides what degree to charge an individual with. (For other related theft crimes see our theft & fraud page)
Theft Defense Attorneys in Bergen County NJ
Elements of the offense: N.J.S.A. 2C:20-3
Theft of Moveable Property:
- The defendant took control over movable property;
- The movable property taken belonged to someone other than the defendant;
- The defendant actually took, disposed of or exercised control over the moveable property.
- The taking, disposal or exercise was unlawful &
- It was done for the purpose to deprive the owner of their interest in the moveable property.
Theft of Immovable Property:
- The defendant unlawfully transferred immovable property;
- The interest in the said immovable property was transferred;
- The interest belonged to another &
- The defendant acted with the purpose of benefiting himself or another person other than the true owner.
Applicable Penalties if Convicted:
The applicable penalties for anyone convicted of theft of either moveable or immovable property will depend on the degree in which they are charged with. The degree in which you are charged with depends on the value of the property taken.
Grading of Theft Crimes:
- A second degree offense occurs when the value of the property is $75,000 or more;
- A third degree offense occurs when the value of the property is between $500 – $75,000; and
- A fourth degree offense occurs when the value of the property is between $200 – $500.
Potential Jail time:
A second degree offense carries a presumption of incarceration and the incarceration can be up to 10 years in a New Jersey State Prison.
A third and fourth degree offense carries a presumption of non-incarceration. With that being said, the presumption can be overcome and if it is an individual may be sentenced up to 5 years for a third degree and up to 18 months in a New Jersey State Prison for a fourth degree offense.
Lyndhurst NJ Theft Lawyers
The staff at The Law Offices of Jonathan F. Marshall has over 100 years of combined experience. It is imperative for anyone charged with theft of moveable property to contact a criminal defense attorney immediately as the evidence necessary to convict the defendant may dissipate quickly. If you or someone you know has been charged with theft of moveable property please contact any one of our Bergen County offices for a free consultation about your pending charges.