Criminal defense attorneys are familiar with the legal process and will fight to see that justice is served fairly. New Jersey Theft Offenses Penalties. If the theft is by means of a credit card the crime could be charged as either a. third or 4th degree crime depending on how the credit card theft is charged by the police and. Past performance is not indicative of future performance and each case is fact sensitive, thus, the. Take the first step and call to setup your free consultation, phones answered 24/7. A third opportunity is a Conditional Discharge, which may occur if drugs were involved in the offense. Entertainment – sneaking into a movie. A person commits theft if, having control over the disposition of services of another, to which he is not entitled, he knowingly diverts such services to his own benefit or to the benefit of another not entitled thereto. Pedestrian Accidents. Theft is not a small charge and is commonly a criminal charge. The consultation is free. The difference between theft and robbery is that a robbery act is accompanied by threats of violence or use of violence. A first conviction for motor vehicle theft results in a $500 fine and a minimum one-year suspension of the person's driver's license. In addition to these penalties, the court can also order theft offenders to pay substantial fines and restitution to their victims.
Return property, theft of services, fraud, writing bad checks, credit card fraud or any action which would trick, fool, or extort. Depending on the facts of a case, the defendant could also argue that they were entitled to receive the services if they have evidence like receipts that prove they already paid for them. It should be reiterated that while this is a disorderly persons offense, the unauthorized service amounts may be aggregated to increase the offense to a Fourth Degree, Third Degree or Second Degree Offense. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. If found guilty for a theft-related crime in New Jersey, the penalties and jail time imposed will depend on the value of the property or services involved.
Let's take a look at these elements: - Intent: The accused must have had the intention to get the cable without paying. Have you been charged with a theft crime in New Jersey? As such, the penalties for a given theft crime are inextricably linked to the property you are accused of stealing and how much it is worth. While every case is unique, I can defend your case in any number of ways by proving you did not have the requisite intent to be convicted, you were not aware that the services were only available if you paid for them, or even knocking evidence out of court due to violations of your constitutional rights. Hiring an attorney who is adept in defending theft of services charges is precisely the asset you need if you are facing this offense. The law classifies theft depending on the kind of theft crime committed. The New Jersey Code of Criminal Justice 2C § 20-8 - last updated February 19, 2021 | FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Theft can be charged as either a disorderly persons offense or indictable crime, depending mainly on the value of the stolen property. Individuals can face serious jail time and financially crippling penalties. This theft offense is commonly called identity theft or identity fraud and is generally charged when a person buys, sells, uses or. Third degree theft of services carries up to 5 years in prison and a fine that can reach $15, 000. In the event that a person has committed any of the above acts, they should be aware that they could be charged with theft of services and may have to face serious legal consequences.
Fourth degree indictable offenses and above are all handled at the Superior Court in the county in which the crime took place. For the purposes of this subdivision the telecommunications decoder or descrambler described in paragraph (b) above or the device described in paragraph (d) above shall not include any non-decoding and non-descrambling channel frequency converter or any television receiver type-accepted by the federal communications commission. In contrast, if it is a misdemeanor crime and the individual is the one who has been affected, then they may file a lawsuit in their local small claims court. The judge also could order a fine of up to $15, 000 or restitution of double the amount of the gain or victim's loss, whichever is greater. Most Pennsylvania and New Jersey citizens have encountered a similar dilemma. 2C:20-8 include embezzlement, tampering and/or stealing utilities like electric, gas, water and cable television. Eyewitnesses have misidentified the defendant. Alternatively, if you need to file charges for theft of services, you may want to consider consulting a lawyer to ensure that you comply with the proper procedures and are not in violation of any laws. When facing such a situation, it is crucial that you bring in a trusted criminal defense attorney. We will work diligently on your behalf to help you achieve the best possible outcome. Slip and Fall Accident. Larceny or theft in New Jersey happens when a person deprives another of their property rights without using violence. This involves less than $200 in services stolen. However, a number of juveniles have been charged too.
I contacted the law offices of Stephen Bilkis & Associates, PLLC and was met with staff whose demeanor was supportive, compassionate and professional. Fifth, defendant purposely obtained the services by means of deception, threat or other means to avoid payment. New Jersey judges will not hesitate to impose maximum punishments against anyone who takes advantage of other people and steals services. A theft conviction can limit someone's ability to obtain certain jobs, credit lines, among other benefits.
Goods valued between $500 and $75, 000 are at another tier, and goods valued at more than $75, 000 are higher. This theft offense is generally charged when a person operates a "chop shop" sells stolen auto parts or exports or imports. As such, an individual accused of stealing a purse will likely be charged with theft. Theft of services arises when someone unlawfully obtains gas, water, cable or other utilitie,, or steals some other form of services. Theft charges turned into a misunderstanding or. Or amended to another or lower offense.
What are the possible penalties for larceny in New Jersey? Theft (disorderly person offense). •The property stolen consists of an access device or a defaced access device. Your attorney can also make sure that your rights as a criminal defendant are sufficiently protected and will be able to provide legal representation in court. Along with these prison terms, the defendant will also face a mandatory that a minimum fine of $500 be imposed for each offense as well as restitution to the vendor. To learn more about your legal options, schedule a free consultation by calling 732-286-2700 or filling out the form on our website today. We're dedicated to fighting for the rights of injured people throughout New Jersey. For purposes of this subdivision access device means any telephone calling card number, credit card number, account number, mobile identification number, electronic serial number or personal identification number that can be used to obtain telephone service.
Insurance Fraud (N. 2C: 21-4. Hudson County is one of the busiest centers for public transportation in our state because of its close proximity to New York City and every day thousands of people travel on its system including the light rail, path train, and NJ transit buses and trains. First, there is the base allegation, that you stole services from a provider, without authorization or through fraud, deception, or some other means, and without compensation. It also applies to stealing federal or State benefits and stealing any part of human remains. Call us today at 201-654-3464, or email us to schedule a free consultation at our office in Newark. The defendant planned on paying the rightful owner for the property, which was up for sale at the time. Forgery and fraud crimes are in the same vein as "theft" crimes, but the conduct prohibited relates specifically to misrepresentations and conduct that includes the "purpose to defraud". Of mind in simple terms the state must. Penalties for Theft of Services in Essex County. Theft of property is commonly charged when an item is mis-delivered to a person and that person does not give that item. To be convicted of theft services, your actions would have to be intentional. Dismissed Theft Over $200, 000. Receiving Stolen Property (N. 2C:20-7).
Over the last decade, she has worked tirelessly on behalf of clients charged with crimes ranging from shoplifting to credit card theft and receiving stolen property in courts from Freehold to Point Pleasant, Toms River to Long Beach Island. Voluntary, free and knowing waiver of. If convicted, you could face up to 18 months in state prison but there is no presumption of prison if you do not have a prior record. The stolen property is a controlled dangerous substance weighing less than one kilogram, or valued at less than $75, 000. Theft crimes are elevated to second degree felonies when the value of the stolen property or goods exceeds $75, 000, or any of the following circumstances exist: - The theft is committed through extortion. 00 or; - The property stolen is an electronic vehicle identification system transponder. They are meant to give you a second chance without leaving you with a criminal record. It is a third degree crime to steal services valued at $500 but less than $75, 000. Our team of New Jersey family lawyers at Bhatt Law Group are dedicated to protecting your best interests in family law matters, from divorce to custody disputes to DYFS investigations. Attorney H. Scott Aalsberg, Esq., P. C. Phone: (732) 257-5040.
The penalties for larceny in New Jersey vary depend upon the degree of the offense as well as Degrees include disorderly persons offense, second-degree, third-degree, and fourth-degree. Pennsylvania Criminal Code § 3926 criminalizes the following types of service theft: - Intentional acquisition of compensable services by deception, threat, false token, trick, alteration of public utility lines or meters, attachment of an unauthorized device to public/private cable-related service, or any other artifice designed to avoid payment for the service. Don't let your theft charge ruin your life, job or career. Factors that determine your criminal charges in New Jersey. There are different attaching penalties depending on which service was stolen. Your lawyer can also assist you in filing a civil lawsuit against another party to recover damages if they determine that you have a viable claim and strong evidence to support it. The judge also may order the person to pay a fine of up to $500. Ordinary Terms: Jail 7 to 10 years, Fines and Probation plus 12 additional penalties listed click here. Shoplifting Offenses (N. 2C:20-11). Are severe and all charges subject you to jail.
Intent: The accused must have had the intent or mindset to take the services from the company. These numbers can increase if the defendant is a repeat offender, a violent felony offense was committed in conjunction with the theft of service crime, and/or if the value of services stolen was higher than normal for such crimes.
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