Peering into Windows. This is a fourth-degree crime similar to burglary, but the defendant does not have the intent to commit an offense once inside. Community service is no fun. Don't leave your future to chance. It is an affirmative defense to prosecution under subsections a., b. New Jersey Theft Statutes | The Law Offices of Gregg A. Wisotsky. and c. of this section that the actor reasonably believed that the owner or any other person authorized to give consent would have consented to the operation had he known of it. If a prosecutor is going to be successful in convicting someone for theft by deception, then they will have to prove beyond a reasonable doubt that not only a theft took place, but also a deception took place that directly led to the theft. Please call me to discuss any New Jersey theft charge or related charge, at my offices in Freehold, NJ.
If you face any type of theft-related charge, you should get a seasoned and knowledgeable criminal defense attorney. You can be charged with several different auto theft offenses for taking a car that does not belong to you in New Jersey. Property stolen is a New Jersey Prescription Blank. If you are charged with theft in New Jersey, the possible penalties you face will depend on: - Type of theft crime – When people refer to "theft" in New Jersey, they generally mean the crime of theft by unlawful taking or disposition, which is defined in N. J. S. A. The defendant reasonably believed that the owner would have allowed them inside or to peer in. C. Peering into windows or other openings of dwelling places. You may be charged with a crime for theft by deception, theft by extortion, and theft of property that was lost, mislaid, or delivered by mistake. Property stolen is an electronic vehicle identification system transponder. Sometimes, this offense happens in a less detectable way, such as presenting a card with another person's name on it, presenting an ID with your picture and the name of another person, or simply applying for a cell phone in the name of someone else. Nj statute theft by deception. This charge is also severe, usually because of the high value of what was stolen.
Jail/Prison: the punishment for a theft by deception conviction can be a jail or prison sentence depending on the degree of theft charged. Theft Defense Attorney in New Jersey - Theft Laws & Penalties in NJ. Also see my page on credit card theft, which is a 4th degree charge. As used in this act: "Health care claims fraud" means making, or causing to be made, a false, fictitious, fraudulent, or misleading statement of material fact in, or omitting a material fact from, or causing a material fact to be omitted from, any record, bill, claim or other document, in writing, electronically or in any other form, that a person attempts to submit, submits, causes to be submitted, or attempts to cause to be submitted for payment or reimbursement for health care services. 2nd Driving While Intoxicated Received No Loss of License. If you or a loved one has been arrested for theft by unlawful taking or for any other criminal offense in New Jersey, you need the help of an attorney to examine your case and determine the best course to mitigate or avoid the consequences.
This diversionary program is for first-time offenders who have never participated in any other New Jersey program such as PTI, conditional discharge, or conditional dismissal. Theft by unlawful taking nj.com. Aggravated Assault & Possession of a Weapon Case Dismissed. With his highly effective defense strategies and unwavering dedication to his clients, Mr. Fay has achieved superior outcomes for clients throughout New Jersey. Knowledge of revocation shall be presumed to have been received by a cardholder four days after it has been mailed to him at the address set forth on the credit card or at his last known address by registered or certified mail, return receipt requested, and, if the address is more than 500 miles from the place of mailing, by air mail.
A defense lawyer can be vigorous in the discovery process and prepare a solid defense. Also, if convicted, punishment includes: - up to six months in jail. 3) In fact causes injury to another. "Public media" means telephone directories, professional directories, newspapers and other periodicals, radio and television, billboards and mailed or electronically transmitted written communications that do not involve in-person contact with a specific prospective client, patient or customer. Fees, penalties, and fines. Additionally, theft of service charges are also filed in Municipal Court as well. 5) "Receives" or "receiving" means acquiring possession or control or accepting a credit card as security for a loan. 4) Shoplifting is a disorderly persons offense under subsection b. of this section if the full retail value of the merchandise is less than $ 200. Expungement of a petty theft conviction or guilty plea takes a minimum of 5 years and requires you to have no more than three disorderly persons offenses and no indictable crimes. §§ 2C:20-1; 2C:20-3 to -8, -11 (2020). Second degree theft crimes are punishable by a New Jersey State Prison term ranging from 5 to 10 years. What Do I Need to Know About Theft Laws in NJ. Sealing your case means that your crime will no longer be visible to future employers or companies. A person who receives money, goods, services or anything else of value obtained in violation of subsection d. of this section, knowing or believing that it was so obtained is guilty of a crime of the fourth degree.
Theft occurs when a person takes something that does not belong to them or asserts control over something belonging to another. Amount stolen lies between $200 and $500. 2C:20-2(c)- Statutory Defenses to Theft in New Jersey. Property stolen is a controlled substance valued at less than $75, 000 and less than one kilogram. At LS&P Lawyers, the attorneys told me that I will get my green card and showed me the legal basis. How can a DP theft conviction impact a person's life? Theft by unlawful taking nj car. Amount stolen is less than $200. This should be an important factor in finding a New Jersey criminal defense attorney to represent you.
First-Time Offender Theft Charge. If a prosecutor is unable to specifically demonstrate what deception took place, then you can be properly found not guilty at a trial. Don't let your rights be jeopardized. New Jersey law defines theft as unlawfully taking or exercising control over someone else's moveable property with the objective of depriving the rightful owner of the property. Contact us today for a free and confidential initial consultation. ROBBERY AND CAR JACKING. The maximum penalty for a forth degree crime (felony) is up to 18 months in prison. Any conviction on your record will significantly affect your future, including your ability to earn a living and get housing. 2) Threatens another with or purposely puts him in fear of immediate bodily injury; or. Some carjacking offenses result in injury, while others may not. A first-degree felony charge is usually only used if it is in combination with a violent crime. Shoplifting Penalties in NJ.
Pre-Trial Intervention Program. Get in touch with a qualified and experienced lawyer to learn more about how you can mount a strong defense. A disorderly persons theft offense can be charged if the value of the item is less than $200. Stealing a prescription pad belonging to a doctor. A Jersey City Theft Attorney Can Help. Property stolen is part of a person's health benefits which is less than $75, 000. Fight Back with an Experienced Theft Defense Attorney in New Jersey! Theft of property lost, mislaid, or delivered by mistake. Robbery / Armed Robbery. G. Any person who purposely or knowingly maintains or possesses any equipment, device or instrument of the type described in subsection f. of this section or maintains or possesses any equipment, device or instrument actually used to facilitate the interception, decoding or receipt of any cable television service with intent to obtain such service and avoid the lawful payment, in whole or in part, of the charges therefor to the provider, is a disorderly person. Moreover, the estimated monetary value of the allegedly stolen property determines the degree of the charges in many theft cases, meaning the higher the value of the object of the theft, the more severe the punishment if you are found guilty. For example, the following situations could result in a third-degree felony indictment even if the value is less than $500: - The property stolen is a firearm; - The property stolen is less than one kilogram of a controlled substance; - The theft is a breach of obligation by a fiduciary; - The property stolen is a New Jersey prescription blank.
Crime of insurance fraud. Before starting his criminal practice, Mr. Fay was a member of the NJ Attorney General's Office as a Deputy Attorney General. However, it still can carry the following penalties: - Up to 6 months in county jail. They will also consider the specific object of the theft: was it money, retail merchandise, a car, a person's identity, a New Jersey prescription blank, some form of services, or another form of property?
In New Jersey, theft of a motor vehicle is prohibited by the most basic and common theft-related crime N. J. S. A. Theft of $75, 000 or more is a second-degree felony offense, which is the most serious theft offense after a first-degree offense. A person who comes into control of property of another that he knows to have been lost, mislaid, or delivered under a mistake as to the nature or amount of the property or the identity of the recipient is guilty of theft if, knowing the identity of the owner and with purpose to deprive said owner thereof, he converts the property to his own use. 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. "In any manner" includes, but is not limited to, the breaking down into smaller sums of a single sum of currency meeting or exceeding that which is necessary to trigger a currency reporting requirement or the conduct of a transaction, or series of currency transactions, at or below the reporting requirement. For a felony theft offense in NJ, the state will have to prove that the value of the item taken is greater than $200. To consult with a seasoned theft defense lawyer about your unique case, contact us at (201)-556-1570 today. Depending on the circumstances, you may be charged with a fourth degree crime for joyriding, a third degree crime plus additional penalties for auto theft, or even a first degree crime for carjacking.
For a first offense, in addition to any other punishment, a person convicted of stealing a car shall be fined $500 and lose their driver's license for 1 year. If our attorneys cannot resolve the case with a dismissal or a fair and just plea bargain, our lawyers at The Bianchi Law Group will not hesitate to select a jury and take the case to trial. Common examples of such services include: - Transportation – Not paying cab fare or bus fare. If you have or think you might have committed an act of theft, here is what you need to know. There are several different kinds of theft according to New Jersey law.
Any person who purposely or knowingly manufactures, constructs, sells, offers for sale, distributes, installs, or otherwise provides any service, equipment, device, computer, computer equipment, computer software or instrument designed or intended to facilitate the receipt of any telecommunications service and avoid the lawful payment of the charges therefor to the provider, in whole or in part, is guilty of a crime of the third degree. Robbery is a theft plus force or threats of force.
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