You need a lawyer with the experience and skill to protect your rights and keep you out of prison. A person commits theft by unlawfully taking, transferring, or exercising control over another's movable or immovable property, with the intent of depriving the owner of their property or using the property to benefit oneself or another who's not entitled to it. Knowledge is also presumed where the defendant received stolen property in another transaction within the year preceding the transaction underlying the current case. Less than $50, the theft is a misdemeanor of the third degree. The seriousness of your charges is based upon the value or type of items taken, or the circumstances by which the items were taken, as follows: - 1st-Degree Felony: Punishable by up to 20 years in prison if the person steals a firearm and is in the business of buying/selling stolen firearms, or the amount of theft is more than $500, 000. Include everything you can remember, no detail is too small. The theft charge does not have any distinct elements. You can be sentenced to 6 months in the Mercer County Jail and fined up to $1, 000 for a disorderly persons offense for theft of movable property. Theft includes taking someone else's movable property, for example a diamond ring or TV. Penalties for third degree theft of movable property include a fine of up to $15, 000 and 3-5 years in prison.
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Sentencing for Theft By Unlawful Taking can vary as the charge can be graded as a Misdemeanor or a Felony. In other words, the prosecutor can sum up the amounts associated with a number of thefts if he or she believes that you are responsible for each of them. Third, it must be proven that the defendant took, disposed of or exercised control over the property. Alters, transfers or removes any label, price tag marking affixed to the merchandise displayed or held and offered for sale by the store. The above categories provide only the maximum penalties and jail time for a theft conviction. Information on the grading of theft offenses can be found at 18 Pa. 3903. Moveable property and Immoveable property. An easy way to think of the concept is this: if the lesser crime has all of the same elements of the greater crime, then it must merge. If the police question you, tell them you want a lawyer and politely refuse to answer their questions. Public Info Assistance. It is also a felony of the first degree when the stolen property is worth $500, 000 or more.
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Thus, deprivation would occur if someone takes or exercise unlawful control over the property of another. Theft by Unlawful Taking is perhaps the most commonly charged theft offense in Pennsylvania state court. The statute stipulates that a person a person is guilty of theft if he or she unlawfully takes, or exercises unlawful control over, movable property belong to another person with the purpose to deprive that person of the property. Attorneys: Robert W. Rubinstein, Esq. My experience on every side of the law has made me successful in representing clients charged with Theft Crimes. Below is a summary of the grades based on the value of the property that was taken: In most cases, if the property's value is: - More than $2000 — felony of the third degree, punished with up to seven years in prison and a fine up to $15, 000. Pawn shop transaction records. The impermissible use of an access device (credit card, debit card, etc. ) In Pennsylvania, you are guilty of Receiving stolen property if you retain property knowing that is has been stolen. 200 to $2, 000: First-degree misdemeanor which could see a sentence up to five years and a fine as high as $10, 000.
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This grade of 2C:20-3 charge applies where property has a value of under $200. To deprive him thereof: Deprivation occurs when someone denies another person use of something that belongs to them. In terms of grading, a disorderly persons offense for theft by unlawful taking would be a misdemeanor while all others would be considered felony charges. A defendant who steals property valued at $50 or more but less than $200 commits a second-degree misdemeanor theft and faces up to two years in prison and a $5, 000 fine. If theft of anhydrous ammonia is accompanied by the intent of making methamphetamines, it is a Class B felony and a Class A felony for all subsequent offenses. How a PA Theft Attorney Will Help. Simply contact our Morristown offices anytime at (908) 336-5008 for a no-cost consultation about your case. Increased Penalties for Firearms and Motor-Propelled Vehicles. Mitigation that a court would likely consider could include employment status, family and community support, completion of drug treatment or counseling, and ability to make restitution to the victim.
Theft Of Movable Property
It is not enough for the prosecution to show only that the property was a firearm. There are several potential defenses that might be raised to defend you against a charge of theft by unlawful taking. Individual items may be added together in order to determine the value of the property in question. If you are charged, you should consult an attorney as soon as possible.
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An experienced theft by deception lawyer on our defense team is available for free consultation now at 862-203-4070. Pennsylvania law distinguishes between when items are taken from a store, which is retail theft, and all other types of theft. Employment Litigation. The following is a discussion of how the offense of theft by unlawful taking is committed depending on the type of property involved. An example of immovable property would be a house or tract of land.
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If the theft took place during a natural or man-made disaster, or if the stolen property was a firearm, the offense can be graded as a felony of the second degree punished with up to 10 years in prison and a fine up to $25, 000. 3rd Degree Misdemeanor: If the amount of the theft is less than $50. Trenton Theft By Unlawful Taking Attorney. If the parties agree that the property will be returned, there is no crime until the property is not actually returned. The charge is a third degree crime where the property stolen is worth at least $500 but less than $75, 000. New Jersey Theft Charges. We have fought many of these cases at trial, in pre-trial motions, and in preliminary hearings. At this stage, do not discuss what happened with the police or claim your innocence.
Second Degree Theft: If you are convicted of taking property with a value of $500, but less than $75, 000, then you are guilty of a Second-Degree Crime, which is punishable by up to 5 to 10 years in prison, and up to a $100, 000 fine. It is important to hire a lawyer to handle a retail theft charge — even if it is a first offense. No matter what part of Kentucky you live in, don't hesitate to give our legal team a call any time, as it is important to contact an attorney as soon as possible to ensure the best possible outcome for your case. Thefts involving aggravating circumstances—where property is taken directly from another person, or by threat, or in breach of a fiduciary obligation—will result in more serious charges and harsher fines not covered here. The important thing now is that you don't let one mistake or misunderstanding ruin your life.
Forgery always involves some type of writing, and the gradation of the charge depends upon the type of the writing involved. To convict someone of this offense, the prosecutor must show that: (a) the property at issue belonged to someone else; (b) that the property was stolen; (c) that the defendant knew it was stolen or believed it was probably stolen; (d) That the defendant had possession or, or control over, the property; and (e) that the offense was committed knowingly. If the case against you is solid, it may be possible to resolve your case without jail time, probation or a criminal record. For example, the Offense Gravity Score for stealing a car is 6 points, but the Offense Gravity Score for stealing property worth $1, 000 is only 3 points. We are honest lawyers who practice with ethics and integrity for every case we take on. Aggregation is allowed only if there is a continuing course of conduct or the thefts are part of a single scheme. If the value of the property was at least $200 but equal to or less than $2, 000, then the theft charge is graded as a misdemeanor of the first degree. Public Use & Displays. If you complete pre-trial diversion, it can help you to avoid time in jail and a criminal conviction. Otherwise, it is a Third-Degree crime.
Your lawyer will make every effort to discredit any evidence not in your favor. This is the most common type of theft charge in New Jersey because the taking of someone's movable property without their permission covers almost all items that can be stolen. It may be possible to avoid a conviction by entering into a diversion program like Pretrial Intervention, A Conditional Dismissal, or even Drug Court, if you are a drug addict. Finally, Receiving Stolen Property, occurs when a person intentionally receives, retains, or disposes of movable property of another, knowing that it has been stolen or believing that it has probably been stolen. Hiring the right criminal defense lawyer, as soon as possible, can help the accused build their case by gathering the evidence to build a robust defense.