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Under New Jersey law, a robbery occurs when, in the course of committing a theft, a person: - Inflicts bodily injury or uses force upon another, or. This means that, if convicted, the court must sentence the defendant to prison time. Theft by unlawful taking or disposition, the degree of the crime and the penalty depends on the value of the property or the type of property taken. The law carves out three defenses to unlicensed entry, defiant trespasser, and peering. B. Carjacking is a crime of the first degree and upon conviction thereof a person may, notwithstanding the provisions of paragraph (1) of subsection a. Instead, crimes are either disorderly person's offenses or labelled as a fourth-, third-, second-, or first-degree offense. Penalties in New Jersey are: - 5 to 10 years in prison. Other transgressions that are considered to be third-degree crimes in New Jersey – and which therefore carry the same penalties as third-degree theft – include assault by auto, terroristic threats, aggravated assault, possession of heroin and cocaine, burglary, credit card fraud, and unlawful possession of a rifle or shotgun, among other things.

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If you're under arrest for theft by unlawful taking in New Jersey, call an experienced lawyer immediately. If you are being investigated for theft or have been charged, contact us at Bhatt Law Group right away. Restitution if the court finds there is a victim who has suffered a loss and the offender is found to be able to pay. 5) For any person purposely to under-ring with the intention of depriving the merchant of the full retail value thereof. Official Misconduct Case Dismissed. Theft Charges Defense Attorney in New Jersey. If the court is for any reason unable to collect the license or licenses of the person, the court shall cause a report of the conviction or adjudication of delinquency to be filed with the director. 2) Connects or disconnects the meters, pipes or conduits of such vendor or any other person or in any other manner tampers or interferes with such meters, pipes or conduits, or connects with such meters, pipes or conduits by pipes, conduits or other instruments–is guilty of a disorderly persons offense. The Attorney General shall develop, no later than the 120th day after the effective date of this act, guidelines to ensure that the prosecution of shoplifting onenses is conducted in a uniform manner throughout the State. This evidence may be sufficient to establish that you knew, or should have known, that the motorcycle was stolen. As used in this section: "Provider" means an attorney, a health care professional, an owner or operator of a health care practice or facility, any person who creates the impression that he or his practice or facility can provide legal or health care services, or any person employed or acting on behalf of any of the aforementioned persons.

An act shall be deemed to be "in the course of committing an unlawful taking of a motor vehicle" if it occurs during an attempt to commit the unlawful taking of a motor vehicle or during an immediate flight after the attempt or commission. There are other forms of theft in New Jersey and countless scenarios in which a person may be charged with a theft offense. If you encounter resistance from the prosecutor, then you should offer that the defendant would be willing to serve a period of community service of up 30 days to qualify for the downgrade. The offender may be put on probation. Leader of auto theft trafficking network is a crime of the second degree.

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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. Many employers do not hire potential employees who have theft convictions. 2) an application to obtain or renew an insurance policy; (3) any payment made or to be made in accordance with the terms of an insurance policy or premium finance transaction; or (4) an affidavit, certification, record or other document used in any insurance or premium finance transaction. In addition to any other condition imposed, a court, in its discretion, may suspend, revoke or postpone the driving privileges of a person admitted to supervisory treatment under N. 2C:36A-1 or N. 2C:43-12 without a plea of guilty or finding of guilt. The movable property was property of another. 00 and the automobile is not recovered, the court may sentence the defendant to pay a fine for that higher amount. Crime of insurance fraud. C. An employee of a library facility who causes the arrest of a person for theft of library material, as provided for in this act, shall not be civilly or criminally liable where the employee has probable cause for believing that the person arrested committed the offense of theft of library material. Theft of a Motor Vehicle. For instance, the State will consider the nature of the offense: are you accused of theft by deception or extortion?

Theft of property lost, mislaid, or delivered by mistake. Call (201)-556-1570 for a free initial consultation with an attorney who can help craft your best defense for a theft offense. If this is your first offense and the merchandise was valued at a low price, it is likely that the judge will not send you to prison. A first-degree offense is the most serious offense of all. Only when you fully understand the charges and what is at stake can you make an educated decision about what is best for you and your family. 3) structures or assists in structuring, or attempts to structure or assist in structuring any transaction with one or more financial institutions, including foreign or domestic money transmitters or an authorized delegate thereof, casinos, check cashiers, persons engaged in a trade or business or any other individuals or entities required by State or federal law to file a report regarding currency transactions or suspicious transactions. In some cases, however, this may not be possible. The issuer had no account with the drawee at the time the check or order was issued; or. The penalties for theft charges can vary depending upon the details and circumstances of the crime. Ms. Forrester's skills, experience, and reputation are evident in the results she consistently achieves for her clients. Anyone who is accused of using deception to purposely obtain someone else's property without permission can be charged with theft by deception. D. In order to promote the uniform enforcement of this act, the Attorney General shall develop insurance fraud prosecution guidelines and disseminate them to county prosecutors within 180 days of the effective date of this act.

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Under New Jersey law, some common examples of theft by deception include: Dining and dashing. The penalties for a conviction of first-degree felony theft are up to 30 years in prison and a fine of up to $200, 000. Expert counsel will be required to avoid a long prison sentence for a carjacking charge. 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. Submission to psychological or drug and alcohol. Many people rent cars from rental companies and then fail to return the car on the contracted due date. Felony theft crimes carry state prison sentences, while misdemeanor theft is punishable by county jail time. Nothing in this section shall preclude an indictment and conviction for any other offense defined by the laws of this State. The penalties for a third-degree theft charge in New Jersey are the same as for all other third-degree charges. Theft constitutes a disorderly persons offense in New Jersey if the value of the property or services involved in the theft is less than $200 or the stolen property is an electronic vehicle identification system transponder. A third-degree theft charge in New Jersey results from the theft of an amount that is between $500 and $75, 000 or that falls under other specific circumstances.

Theft becomes robbery when the act involves forcibly taking property directly from a person. That is what we do and what distinguishes us from other attorneys. William Fay is a highly experienced criminal defense attorney who has been honing his skills in criminal law for years, serving on both sides of the legal system.

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I can offer you a free legal consultation on your theft charge, either in person or over the phone. A person other than the cardholder possessing two or more incomplete credit cards, with intent to complete them without the consent of the issuer or a person possessing, with knowledge of its character, machinery, plates or any other contrivance designed to reproduce instruments purporting to be the credit cards of an issuer who has not consented to the preparation of such credit cards, is guilty of a crime of the third degree. Aggravated Assault Case Dismissed. Unlicensed entry of structures; defiant trespasser; peering into dwelling places; defenses. 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. However, a theft conviction will ruin many people's lives. Don't leave your future to chance. 2) Has received stolen property in another transaction within the year preceding the transaction charged; or. It is a 12-month program, which the court may extend for good cause. Forgery is a crime of the third degree if the writing is or purports to be part of an issue of money, securities, postage or revenue stamps, or other instruments, certificates or licenses issued by the government, New Jersey Prescription Blanks as referred to in R. 45:14-14, or part of an issue of stock, bonds or other instruments representing interest in or claims against any property or enterprise, personal identifying information or an access device. Third-Degree Felony. The defendant will also have to agree to make full restitution to the victim. The fines and revocation period increase with each subsequent offense.

A fourth-degree crime is the next least serious offense, similar to a low-level felony, while a first-degree crime is the most serious level of offense, including murder and rape. NJ Theft, Third degree (3rd) Charge. Anyone convicted of a third-degree theft crime may be facing between 3-5 years behind bars and a fine of up to $10, 000. These disorderly persons' offenses are: a. What are the elements of a DP theft charge?

An offense under this section is a crime of the fourth degree if it is committed in a research facility, power generation facility, waste treatment facility, public sewage facility, water treatment facility, public water facility, nuclear electric generating plant or any facility which stores, generates or handles any hazardous chemical or chemical compounds. A person "falsely makes" a credit card when he makes or draws, in whole or in part, a device or instrument which purports to be the credit card of a named issuer but which is not such a credit card because the issuer did not authorize the making or drawing, or alters a credit card which was validly issued. First, it is essential to define the fact that in New Jersey, some definitions are different. If you have been arrested for any type of theft crime in Freehold, Neptune, or elsewhere in New Jersey, you need to engage the services of a skilled criminal defense lawyer as soon as possible. Here is a review from one client whose criminal case we recently handled: Mr. Fay handled a criminal matter for me recently. Theft that involves a small amount of property, like shoplifting, may be a disorderly person's offense. Regardless of the circumstances or the severity of the charge, it is urgent that you hire an attorney to help you avoid a conviction for theft. Forgery is a crime of the third degree if the writing is or purports to be a check.

First-Time Offender Theft Charge. These include: - The structure was abandoned. A theft charge is classified as a disorderly persons charge (misdemeanor) under New Jersey law if the amount involved is under $200. 2) and if the aggregate value of property, services or other benefit wrongfully obtained or sought to be obtained is at least $ 1, 000. Other factors beyond the value of the goods stolen can affect the severity of the charge.

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