Our theft laws are governed by N. J. S. A. 3) A person other than the issuer who sells a credit card or a person who buys a credit card from a person other than the issuer is guilty of a crime of the fourth degree. Whether the robbery occurred in conjunction with a violent crime. Punishment for theft by unlawful taking can range from fines to jail time. The lawyers of the Rosenblum Law are skilled criminal defense attorneys with experience helping people in similar situations. Otherwise forgery is a crime of the fourth degree.
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3Rd Degree Theft By Unlawful Taking Nj
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. Call our Atlantic City criminal defense attorney at the Law Offices of John J. Zarych today at (609) 616-4956. There are numerous criminal charges that fall within the category of theft crimes, as there are a number of acts that actually constitute theft under New Jersey law. 4th Shoplifting Offense Case Dismissed. Your lawyer could use this defense if you didn't intend to deprive the owner of their property permanently. If the statute of limitations expires, a person can no longer be charged with a crime. 3 Generations & 100+ Years of Combined Legal Experience. Like fingerprints, no two theft crimes are exactly alike. Adam H. Rosenblum "Theft by Unlawful Taking in New Jersey – N. 2C:20-3". Many New Jersey Lawyers describe themselves as trial attorneys but most do not have the New Jersey Court's distinction as Certified Criminal Trial Attorney. The penalties for a conviction of first-degree felony theft are up to 30 years in prison and a fine of up to $200, 000.
If the court is for any reason unable to collect the license or licenses of the person, the court shall cause a report of the conviction or adjudication of delinquency to be filed with the director. 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. Belong to a third party. A person is guilty of theft if they knowingly receive property that they know (or should know) is stolen. The length of time is usually one to three years. If the value is higher, the charge becomes an indictable offense, with much stronger penalties and possible prison time. Regardless of the degree, theft by unlawful taking is a serious criminal charge in New Jersey.
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In most instances, you cannot use mental illness, medication, drug or alcohol-related problems as an excuse for shoplifting. Theft by failure to make required disposition of property received. Get in touch with a qualified and experienced lawyer to learn more about how you can mount a strong defense.
Stealing of a public record. 2C:20-3), theft by deception (N. 2C:20-4) and theft by extortion (N. 2C:20-5). FORGERY AND FRAUDULENT OFFENSES. A violation of N. 2C:28-7, constituting a disorderly persons offense, section 1 of P. L. 1979, c. 264 (C. 2C:33-15), R. 33:1-81 or section 6 of P. 1968, c. 313 (C. 33:1-81. K. In addition to any other disposition authorized by law, and notwithstanding the provisions of N. 2C:43-3, every person who violates this section shall be sentenced to make restitution to the vendor and to pay a minimum fine of $ 500.
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Theft of a motor vehicle requires intent to permanently deprive the owner of the car, as opposed to temporarily taking it for the purposes of a joy ride. At The Bianchi Law Group, we will take care to provide you Serious Attorneys for Serious Cases. Second-Degree Felony. Anyone who is accused of using deception to purposely obtain someone else's property without permission can be charged with theft by deception. Additionally, some requirements for the program can include: - Community service. In New Jersey, there are programs in place to help first-time offenders, and others accused of theft offenses. A first-degree offense charge is typically filed only in theft crimes committed in conjunction with a particularly violent crime, such as carjacking or armed robbery.
Crime of insurance fraud. The court will order restitution to pay back any money illegally obtained or earned by the defendant. Sincerely, Matthew Reisig. Don't leave your future to chance. What Are Some Examples of Theft by Deception? Otherwise, burglary is a third-degree crime. New Jersey Theft Defense Attorneys Available to Help with Criminal Cases. The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. Why Forrester Law Stands Above the Rest in Criminal Defense. In addition to imprisonment and fines, the court may order a person convicted of a theft offense to pay restitution to the theft victim, meaning that the offender must repay the victim for their monetary losses associated with the theft. If you or someone you know is facing a petty theft charge, make sure you don't face it alone. "You can be charged with theft in numerous situations and the penalties for theft offenses vary in NJ. A violation of this subsection shall be deemed to be a continuing offense as long as the conditions described in this subsection exist.
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If you are facing a theft by deception charge, it is important to understand the specific accusations that are made against you so you can properly prepare a defense. Here we provide answers to some of the most frequently asked questions that we receive from clients charged with theft in New Jersey. Having a prior criminal record or no record at all does not impact the presumption of incarceration for these serious felony-level charges. 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. Bridgeton, NJ 08302. We have an office conveniently located at 60 Morris Turnpike, Summit, NJ 07901. 2C:18-3c is a fourth-degree crime when the defendant, knowing they are not allowed to, peers into a window in order to invade another's privacy under circumstances in which a reasonable person would not expect to be observed. If you or a loved one has been accused of theft in New Jersey, it is imperative to find the most knowledgeable defense counsel. Paying restitution to victims. Theft is a crime of the fourth degree in New Jersey if the value of the property or services involved is at least $200 but not more than $500. These include: - Whether you are a first-time offender.
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. Of course, a theft charge of any kind can carry serious consequences, including: - Payment of fines, court costs and restitution. He is certified by the Supreme Court of New Jersey as a criminal trial attorney, which recognizes his knowledge and experience in the area of criminal law. More serious crimes in New Jersey are known as indictable offenses. Of this section, is guilty of a crime of the second degree if that person knowingly commits five or more acts of health care claims fraud and the aggregate pecuniary benefit obtained or sought to be obtained is at least $ 1, 000. For instance, a third degree or fourth degree crime may be reduced from a felony level offense to a disorderly persons offense handled in municipal court and not punishable by state prison time. NJ Theft offenses are categorized as follows: Theft, Second Degree (2nd) Charge. Second degree theft crimes are punishable by a New Jersey State Prison term ranging from 5 to 10 years. What are the penalties for a theft conviction in New Jersey? Second-degree crimes include certain types of sexual assault, aggravated assault (without injury), and endangering the welfare of a child. Additional fine for auto theft. I felt greatly relieved and a new hope emerged.
Using someone else's information to open a line of credit or credit card that you intend to use is considered theft. Penalties are: - up to 18 months in prison. Only 250 of over 98, 000 lawyers (less than 1%) are designated as certified criminal trial attorneys by the New Jersey Supreme Court. Second degree theft crimes (involving $75, 000 or more worth of property), require prison time at a minimum of 5 years and a maximum of 10 years. The statute of limitations in New Jersey for indictable theft offenses is five years from the date of the alleged crime. Our professional staff will set up a free consultation, so you know all your options. Theft of merchandise under the cost of $200 is considered a disorderly persons charge in New Jersey. In all other cases, theft is classified as a disorderly persons offense. Aggravated Assault & Possession of a Weapon Case Dismissed.
The degree of the charges for a general theft crime are contingent upon a number of factors, including the nature of the stolen property and the estimated monetary loss incurred as a result of the theft. 2) Has received stolen property in another transaction within the year preceding the transaction charged; or. Stealing or taking another individual's prescription medication. Criminal Defense Firm Serving Cherry Hill and New Jersey.
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