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\t\t\t\t\t\t\t\t\t\t\t\t\t\t\tExperienced New Jersey Theft Defense Lawyer - Rocco Law Offices, LLC
\t\t\t\tTaking something from another party without permission or consent is, at its most general, referred to as theft. Typically, the severity of theft charges is dependent on the value of the items that have been stolen, beginning with petty theft and ultimately working up to grand theft through a series of degrees. Beyond determining whether or not theft charges will be filed as a first through fourth degree, there are many other factors that will go into the court\u2019s decisions on things like the penalties for a conviction and the impact that these changes will have on the defendant\u2019s life.
If you have been charged with a criminal offense of theft of any sort in Hackensack or anywhere else in New Jersey, contact Rocco Law Offices, LLC as soon as possible in order to schedule a free initial consultation. Criminal defense attorney and our team of New Jersey theft defense lawyers can help you with your criminal case.\u00a0
As your criminal defense team, we will be able to go through every detail of your criminal case and ultimately identify a few different paths that may be used for your defense. When you are facing an aggressive prosecuting attorney in New Jersey courts, working with an experienced and equally aggressive defense attorney is one of the most important steps for you to take.
Read more below to learn more about theft crimes in New Jersey, and contact us as soon as possible for your free initial consultation. Our team of theft lawyers at Rocco Law Offices will be able to discuss the specifics of your charges and the possible consequences that you face for a conviction and help you understand how our experience can be such a significant help to your case
\t\t\t\t\t\t\t\tCall us today at \" rel=\"nofollow\"> to schedule a free consultation with an attorney at Rocco Law Offices for your New Jersey criminal defense.\u00a0
\t\t\t\t\t\t\t\t![\"\"](\"https://www.lustberglaw.com/wp-content/uploads/2021/12/adam-pic7.jpg\")
\t\t\t\t\t\t\t\t\t\t\t\t\t\t\tCommitted to providing clients with individual attention and crafting personalized defense strategies based on the facts of the case.
\t\t\t\t\t\t\t\tNJ Theft Defense Attorney Gives Examples of Theft Crimes in New Jersey
\t\t\t\tAs you can imagine by the general definition of \u201ctheft,\u201d there are many different situations that can warrant a theft charge in New Jersey. The following examples are just a few common situations that result in theft charges. The next section will explain how these crimes are charged to a certain degree.\u00a0
\t\t\t\t\t\t\t\tPetty Theft
\t\t\t\tPetty theft in New Jersey is typically a misdemeanor but is filed as a \u201cdisorderly person\u2019s offense\u201d and is applied in situations where the value of the goods stolen is minor. This can be something like stealing money from a tip jar, pocket cash from someone\u2019s home, or other goods of low value. When the value of the goods or money that you stole, or were caught attempting to steal, amounts to less than $500, you will likely be charged with petty theft.
\t\t\t\t\t\t\t\tShoplifting
\t\t\t\tShoplifting is another example of petty theft in New Jersey, although there are situations where a shoplifting charge could be elevated to a higher degree if the value of the goods stolen adds up to enough. You can be charged with shoplifting in New Jersey even if you are caught in the act of attempting to steal something, by being caught concealing merchandise in a store or tampering with price tags.
\t\t\t\t\t\t\t\tAuto Theft
\t\t\t\tTaking someone\u2019s car without permission in New Jersey is the basis for an auto theft charge, but there are further distinctions that specify the actual charges. Carjacking occurs when the owner of the vehicle is in the \u201cimmediate presence\u201d of the automobile, and the perpetrator takes the vehicle by force or threat of force. Grand theft auto is when a car is taken from someone else without permission, but the owner is not around to be threatened or harmed. Stealing a car that is idling in a parking lot is grand theft, but forcing someone out of their car and stealing it is carjacking.\u00a0
\t\t\t\t\t\t\t\tRobbery
\t\t\t\tIn New Jersey, robbery is the act of taking something that someone else owns or possesses through either violence or the threat of violence. This could be, for example, threatening someone with a knife and taking money from them that they have just withdrawn from an ATM, or forcing a cashier to hand over the money in their till. Armed robbery charges in New Jersey are applied when the person uses a weapon such as a knife or a gun during the act.
\t\t\t\t\t\t\t\tExtortion
\t\t\t\tNew Jersey\u2019s extortion statute, N.J.S.A. 2C:20-5, states that \u201cA person is guilty of theft by extortion if he purposely and unlawfully obtained property of another by extortion. A person extorts if he purposely threatens to:\u00a0
\t\t\t\t\t\t\t\t- \n\t\t\t\t\t\t\t
- \n\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\tInflict bodily injury on or physically confine or restrain anyone or commit any other criminal offense;\n\t\t\t\t\t\t\t\t\t \n\t\t\t\t\t\t\t\t
- \n\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\tAccuse anyone of an offense or cause charges of an offense to be instituted against any person;\n\t\t\t\t\t\t\t\t\t \n\t\t\t\t\t\t\t\t
- \n\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\tExpose or publicize any secret or any asserted fact, whether true or false, tending to subject any person to hatred, contempt, or ridicule, or to impair his credit or business repute;\n\t\t\t\t\t\t\t\t\t \n\t\t\t\t\t\t\t\t
- \n\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\tTake or withhold action as an official, or cause an official to take or withhold action;\n\t\t\t\t\t\t\t\t\t \n\t\t\t\t\t\t\t\t
- \n\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\tBring about or continue a strike, boycott, or other collective action, if the property is not demanded or received for the benefit of the group in whose interest the actor purports to act;\n\t\t\t\t\t\t\t\t\t \n\t\t\t\t\t\t\t\t
- \n\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\tTestify or provide information or withhold testimony or information with respect to another\u2019s legal claim or defense;\n\t\t\t\t\t\t\t\t\t \n\t\t\t\t\t\t\t\t
- \n\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\tInflict any other harm which would not substantially benefit the actor but which is calculated to materially harm another person;\n\t\t\t\t\t\t\t\t\t \n\t\t\t\t\t\t\t\t
- \n\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\tAs you can see from this statute, there are a variety of ways that someone can commit and be accused of extortion in the state of New Jersey;\n\t\t\t\t\t\t\t\t\t \n\t\t\t\t\t\t
Property Lost, Mislaid or Delivered by Mistake (2C:20-6)
\t\t\t\tThe New Jersey Statute N.J.S.A. 2C:20-6 addresses a specific form of theft that involves property that is lost, mislaid, or delivered by mistake. This law is crucial for defining the legal boundaries and responsibilities when one encounters property that does not belong to them under these circumstances.
Under N.J.S.A. 2C:20-6, an individual commits theft if they come into possession of property that they know to be lost, mislaid, or mistakenly delivered to them and then decide to keep it. The key element here is the knowledge of the property’s status as not belonging to them by right and the subsequent decision to retain possession without attempting to return it to its rightful owner.
This statute emphasizes the moral and legal obligation to attempt to return the property to its rightful owner. The failure to do so, coupled with the knowledge of the property’s status, constitutes theft. This law serves to protect property rights and promote honesty and integrity in handling property that one does not own.
For anyone who finds themselves in possession of property under these conditions, it\u2019s important to understand that the legal expectation is to make reasonable efforts to identify and return the property to its rightful owner. Failing to comply with these obligations can lead to significant legal consequences under the theft statute of New Jersey.
\t\t\t\t\t\t\t\tFacing a theft charge can make a huge impact on someone\u2019s life. It may seem like a minor charge, however, a theft charge can actually carry serious consequences. This is why it\u2019s very important to seek the help of a defense lawyer who can help you navigate the complexities of the legal system.\u00a0
At Rocco Law Offices, LLC, attorney and our team of theft defense attorneys may be able to help create a solid criminal defense for you.\u00a0
\t\t\t\t\t\t\t\tContact us today at \" rel=\"nofollow\"> to schedule a free consultation with our NJ criminal defense attorneys.\u00a0
\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\tCommitted to providing clients with individual attention and crafting personalized defense strategies based on the facts of the case.
\t\t\t\t\t\t\t\tDifferent Types of Theft in New Jersey
\t\t\t\t![\"\"](\"https://www.lustberglaw.com/wp-content/uploads/2024/06/New-Jersey-Criminal-Defense-Attorney-Adam-M.-Lustberg.png\")
\t\t\t\t\t\t\t\t\t\t\t\t\t\t\tNew Jersey law defines theft as the unlawful taking or control of property owned by another person with an intent to seize it or deprive its owner. Theft may involve movable or fixed property or services.
New Jersey Law defines various types of theft as:
Theft by deception – Creating or strengthening a false impression to prevent another person from getting information that would influence their judgment of a transaction or correcting an impression already created or reinforced.
Theft by Extortion – Threatening to inflict injuries, accusing another person of charges, exposing a secret to subject a person to contempt or ridicule, or using other methods to cause harm and take the property of someone.\u00a0
Theft of property that is lost or delivered by mistake – Taking control of property that has been knowingly lost or delivered by mistake.\u00a0
Receiving Stolen Property – Knowingly receiving stolen property or property the offender has reason to believe is stolen.
Criminal lawyer and our team of New Jersey theft attorneys may be able to help you create a solid criminal defense strategy for your case. Our lawyers may be able to help protect your rights and your freedom.\u00a0
\t\t\t\t\t\t\t\tContact our law office today at \" rel=\"nofollow\"> to schedule a free consultation for your criminal case in NJ.\u00a0 \u00a0
| Type of Theft | Description |
|---|---|
| Theft by Deception | Involves creating or reinforcing a false impression to deceive another person in a transaction |
| Theft by Extortion | Involves using threats or coercion to obtain property or compel action from another person |
| Theft of Lost or Mistaken Property | Involves taking control of property that was knowingly lost or mistakenly delivered |
| Receiving Stolen Property | Involves knowingly receiving or possessing property that has been stolen or is believed to be stolen |
New Jersey Theft Defense Attorney Explains the Degrees of Theft Charges\n
\t\t\t\tNew Jersey does not adhere to the distinction of a \u201cmisdemeanor\u201d or a \u201cfelony\u201d charge when pertaining to theft charges. Instead, there are a series of degrees that are applied depending on specific factors of the case.\u00a0
\t\t\t\t\t\t\t\tValue Totalling Less than $200
\t\t\t\tThis is called a disorderly person\u2019s offense, which can come with penalties of up to $1,000 in fines and up to 6 months in jail.
\t\t\t\t\t\t\t\tValue Totalling Between $200 and $500
\t\t\t\tThis is a fourth-degree offense, which carries up to an 18-month sentence and $10,000 in fines.
\t\t\t\t\t\t\t\tValue Totalling Between $500 and $75,000
\t\t\t\tThis is known as a third-degree offense and has possible penalties of up to 5 years in prison and $15,000 in fines.
\t\t\t\t\t\t\t\tValue Totalling More than $75,000
\t\t\t\tThe theft of goods with over $75,000 in value is a second-degree offense and comes with up to 10 years in prison and $150,000 in fines.
\t\t\t\t\t\t\t\tWe have years of experience in courts through NJ and NY and a proven track record of success in criminal cases.
\t\t\t\t\t\t\t\tCommitted to providing clients with individual attention and crafting personalized defense strategies based on the facts of the case.
\t\t\t\t\t\t\t\tChallenging a Theft Charge in New Jersey
\t\t\t\tOnce your lawyer has studied the facts surrounding your arrest, they will look into what the prosecution team must prove in order to convict you. Some of the defenses your lawyer may use include the following:
\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\tInsufficient evidence\n\t\t\t\t\t
\n\t\t\t\t\tFor you to be charged with theft, the state must prove that you either stole something or intended to steal. You cannot be prosecuted if the state cannot clearly identify who stole the items. If there is no credible eyewitness or clear footage from the camera, it is possible that your attorney can successfully defend you from the charge.
\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\tPermission to the owner\n\t\t\t\t\t
\n\t\t\t\t\tThe state must prove who the owner of the property being alleged stolen is, and the property’s value. They must also be able to establish that the accused has deprived another person of their property without permission. There is no theft if the person has permission. If you didn’t intend to take something (e.g., you took someone else’s stuff by mistake or were distracted while walking out of a shop with items unpaid for), or if the item belonged to you, then there may not have been an intent to steal.
\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\tMistaken Belief\n\t\t\t\t\t
\n\t\t\t\t\tIf you were under the influence of alcohol or drugs at the time you allegedly stole something, it is possible to show that you were misguided because of your intoxication. A person accused of stealing can also return the items and use that to support the defense that they only borrowed the items.\u00a0
\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\tDuress or Entrapment\n\t\t\t\t\t
\n\t\t\t\t\tYour attorney may also raise duress or entrapment as a defense. An example is when someone is made to steal under threat of their own life or the lives of their family members. Your attorney may argue that you were forced to do so. Another example could be an undercover officer who might approach you at the shop and tell you that your daughters stole clothing. And the officer tells you that they won’t report your family members unless you agree to take the blame for them.
If you are facing theft charges, it is important to seek the help of an experienced NJ criminal defense lawyer right away. A skilled New Jersey attorney may be able to help you create a solid criminal defense strategy that may help you receive a more favorable income. Rocco Law Office\u2019s team of NJ criminal attorneys may be able to assist you.
Call our law office today at \" rel=\"nofollow\"> to schedule a consultation.\u00a0\u00a0
Expunging Theft Convictions
\t\t\t\tExpungements can only be granted for certain lesser crimes. For more serious crimes like criminal homicide, sexual assault, kidnapping, or robbery expungement is not possible.
It is important to note that the severity of any crime can impact the penalties. New Jersey doesn’t use the terms “felony”, “misdemeanor”, or both. Instead, these crimes can be classified as “indictable offenses” or “disorderly person offenses.” For cases of theft, the cutoff between the two levels of offenses is $200.\u00a0 Shoplifting and theft are both eligible for expungement in New Jersey.\u00a0
The crime of shoplifting falls under the $200 amount and is considered to be a disorderly person offense. Sometimes, the offense may be reduced to a municipal ordinance violation. In this case,\u00a0 the accused could face a fine and/or probation.
If the value of the property in question goes over $200, then it is considered theft which is an indictable offense. While it is possible to be prosecuted for theft, first-time offenders can be offered a pretrial intervention or PTI. This is a diversionary program that substitutes community service or probation for a traditional trial, sentencing, or incarceration. It also reduces the waiting time before expungement proceedings can take place.\u00a0
At Rocco Law Office, our team of experienced lawyers is ready to assist you if you are looking to have your theft conviction expunged. Our services include providing assistance for those who are looking to go through the process of expungement. To schedule a free consultation regarding your criminal case, contact our law office today.\u00a0
\t\t\t\t\t\t\t\tExperienced NJ Theft Lawyers Helping You Fight Theft Charges at Rocco Law Offices, LLC
\t\t\t\tThe sooner you contact our firm, the more time we will have to build a comprehensive criminal defense case for you. It is important that your case is represented by a qualified and aggressive defense attorney who is experienced as an NJ theft crime lawyer and can help you navigate the complexities of the New Jersey court system.
\t\t\t\t\t\t\t\tCall our law office today at \" rel=\"nofollow\"> to schedule a free consultation with our defense attorneys.\u00a0\u00a0
\t\t\t\t\t\t\t\t![\"\"](\"https://www.lustberglaw.com/wp-content/uploads/2021/12/adam-pic2.jpg\")
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