With regard to theft crimes, the statute explains the following: a. Movable property. The foregoing applies notwithstanding that it may be impossible to identify particular property as belonging to the victim at the time of the actor's failure to make the required payment or disposition. The charge of Theft can be anything from theft of property, theft by deception, theft of services, theft by fraud (unemployment fraud), bad checks, credit card theft, or other means of theft. What is the Statute of Limitations for Theft Charges in New Jersey? Don't let your rights be jeopardized. If you face any type of theft charge in New Jersey, you should contact The Law Office of Jason A. Volet as soon as possible to discuss the specific facts of your case and how to fight the charges. What are the penalties for a theft conviction in New Jersey? Theft by unlawful taking nj car. A person who exhibits or displays to a law enforcement officer or a person conducting a motor vehicle inspection pursuant to chapter 8 of Title 39 of the Revised Statutes a falsely made, forged, altered, counterfeited or simulated motor vehicle insurance identification card, knowing that the insurance identification card was falsely made, forged, altered, counterfeited or simulated, commits a crime of the fourth degree.
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If you are facing a charge of theft by deception, then it is important that you speak to an experienced criminal defense attorney as soon as possible. A third-degree felony has the following penalties: - 3 to 5 years in prison. Theft is a very serious crime in New Jersey, and conviction for it is even more serious. 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. Our theft laws are governed by N. J. S. Nj statute theft by deception. A. Random urine monitoring. Unauthorized practice of law, penalties.
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The offender may be put on probation. Whether police charge a person with an indictable offense or a disorderly persons offense depends on several factors. NJ Theft by Deception Charges - Forrester Law Firm. Here we provide answers to some of the most frequently asked questions that we receive from clients charged with theft in New Jersey. Basically, if an item or object is capable of being transported or moved from location to location, it probably constitutes "movable property" for the purposes of New Jersey's theft laws. Under New Jersey law, some common examples of theft by deception include: Dining and dashing.
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C. Credit card theft. Whether the theft happened in conjunction with another crime. Only 250 of over 98, 000 lawyers (less than 1%) are designated as certified criminal trial attorneys by the New Jersey Supreme Court. 3rd degree theft by unlawful taking nj. Therefore, you should not give up if you are charged with a DP theft charge. An experienced New Jersey theft attorney may be able to argue that the acts performed either do not result in the charges above or that one of the affirmative defenses apply. There are other forms of theft in New Jersey and countless scenarios in which a person may be charged with a theft offense. The fines and revocation period increase with each subsequent offense.
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The Bianchi Law Group is made up of former trial prosecutors and other "of counsel" attorneys who have handled the investigations and prosecutions of most crimes in New Jersey and will defend you for all federal and state crimes in New Jersey including Theft of a Motor Vehicle. A person is guilty of a disorderly persons offense if the person knowingly engages in the unauthorized practice of law. In the employment context, acts ranging from physically stealing company property to embezzling corporate funds can be prosecuted as theft crimes under New Jersey law. What Are the Penalties for 3rd Degree Theft in New Jersey. In order to be convicted, the prosecution must prove that you are not the lawful owner of the property, that you took the property without permission of the true owner, and that you intended to deprive the owner of the property in question. In determining the amount of restitution, the court shall consider the costs expended by the vendor, including but not limited to the repair and replacement of damaged equipment, the cost of the services unlawfully obtained, investigation expenses, and attorney fees. If you decide not to hire me to represent you, it's only cost you an hour of your time. 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.
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"Means of conveyance" includes but is not limited to motor vehicles, bicycles, motorized bicycles, boats, horses, vessels, surfboards, rafts, ski mobiles, airplanes, trains, trams and trailers. Others can be shown to lack intent, which is a critical element of the offense. Having successfully handled thousands of theft cases in Superior and Municipal courts in Bergen County, Passaic County, Morris County, Essex County, Monmouth County and everywhere in between, we thoroughly understand the nuances of theft laws and defense. The county prosecutors have broad discretion to downgrade an indictable theft offense to the disorderly persons' level. In New Jersey, there are three main categories of theft offenses, they are: -. Call our Atlantic City criminal defense attorney at the Law Offices of John J. Zarych today at (609) 616-4956. What Do I Need to Know About Theft Laws in NJ. Property stolen is from the victim's person. Destruction, alteration, falsification of records, crime of fourth degree. A person is guilty of theft if he purposely obtains services which he knows are available only for compensation, by deception or threat, or by false token, slug, or other means, including but not limited to mechanical or electronic devices or through fraudulent statements, to avoid payment for the service. Petty theft is considered a disorderly persons offense and is therefore not an indictable crime.
Third-Degree Felony. If you have never been charged with a crime before, you may not be sure of how serious theft accusations are. More serious crimes in New Jersey are known as indictable offenses. Therefore, if you are facing a theft charge then you should try every avenue to have the charge dismissed, or downgraded to a municipal ordinance violation. Pursuant N. 2C:20-3, the theft of a motor vehicle is a third-degree crime and punishable up to five years. A judge must also order the shoplifter to perform community service for at least 10 days and up to 25 days.
In other situations, a theft charge can be downgraded from an indictable crime to a disorderly persons offense to minimize your exposure to penalties. C. A person, who is not a practitioner subject to the provisions of subsection a. of this section, is guilty of a crime of the third degree if that person knowingly commits health care claims fraud. Assuming someone else's identity (identity theft). 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. The punishments for theft crimes vary widely. Our professional staff will set up a free consultation, so you know all your options.