When many people think about theft, they picture the person who physically steals something. But what happens after the item is stolen? Does the thief just keep the item for their own enjoyment? In many cases, the real profit doesn’t come from the theft itself. It comes from selling the stolen goods.
So, what is a fence in crime? A fence is part of a network that helps stolen property move through illegal markets. It is someone who knowingly deals in stolen goods, acting as the middleman between the thief and a buyer. Altering stolen property, like filing off serial numbers, also falls under this New Jersey law. Anyone convicted of fencing could pay hefty fines on top of years in prison.
Defining Fencing in Crime
Generally, fencing involves acquiring stolen property, typically to sell it for a profit. There are two kinds of fencing recognized under N.J.S.A. 2C:20-7.1:
- Possession of altered property is when someone has property with modified or removed identifying marks.
- Dealing in stolen property is when someone buys and sells illegally obtained goods.
Possession of Altered Property
Simply possessing stolen property can lead to serious charges if an item shows signs of tampering. This type of fencing applies to anyone who buys or sells property as a business. If they knew or should have known that serial numbers or other identifying marks have been removed or altered on an item in their possession without the manufacturer’s consent, they are guilty under the fencing law.
Property with altered or removed serial numbers, scratched-off identifying marks, or other signs of manipulation often raises immediate suspicion. These red flags are frequently treated as indicators that the possessor knew – or should have known – that the item was stolen.
The property’s condition is evidence of fencing or receiving stolen property. For example, someone found with a laptop that has its serial number etched off or a smartphone missing its original identification labels may face charges even if they weren’t involved in the original theft.
The law doesn’t require that you commit the theft yourself. If prosecutors can show that you knew or should have known the item was stolen or unlawfully modified, charges may follow.
Dealing in Stolen Property
Dealing in stolen property involves buying, selling, trafficking, or otherwise distributing goods that have been unlawfully obtained. When a person traffics stolen property, whether by initiating, organizing, financing, or supervising, they’re guilty of fencing.
A fence knowingly facilitates the transfer of stolen items from thieves to buyers. They make a profit while concealing the property’s origin.
You can be charged with dealing in stolen property even if you weren’t involved in the original theft. What matters is whether you knew – or had reason to know – that the property was stolen. For instance, someone who purchases luxury handbags at suspiciously low prices from an unverified source and resells them online may be criminally liable if those items turn out to be stolen.
Some other common examples of fencing include:
- A pawn shop owner who regularly accepts items without verifying their ownership
- An online seller who deals in electronics without serial numbers or original packaging
- A mechanic who purchases car parts with removed VINs and installs them in customer vehicles
The law applies to a wide range of fencing, from occasional resale to systematic criminal enterprises. Prosecutors typically look for patterns like multiple suspicious transactions, communications with known thieves, or attempts to alter or disguise the property’s origin.
Penalties for a Fencing Conviction in New Jersey
Penalties for fencing are usually based on the total value of the stolen goods involved:
- Over $75,000 – A fencing offense involving property valued above $75,000 is a second-degree crime. This carries a prison sentence of 5 to 10 years and fines of up to $150,000.
- $500 to $75,000 – This is a third-degree crime, punishable by 3 to 5 years in state prison and up to $15,000 in fines.
- $200 to $500 – This is a fourth-degree crime and can lead to up to 18 months in prison and $10,000 in fines.
- Under $200 – This is a disorderly persons offense, punishable by up to 6 months in jail and $1,000 in fines.
If there is evidence that you were acting as part of an organized crime network, New Jersey prosecutors may seek enhanced penalties.
In addition to prison time and fines, fencing convictions have long-lasting collateral consequences. Criminal records with theft or fraud-related offenses can also severely affect future employment opportunities, professional licensing, housing applications, and educational prospects.
Defenses Against Stolen Property and Fencing Charges
One of the most common defenses to fencing is showing that you didn’t know the property was stolen, especially if it appeared to be a legitimate transaction. Another defense involves proving the property was legally purchased through a reputable source and belongs to you, usually by supplying valid receipts, a title, or other evidence of ownership. Other possible defenses include procedural errors, constitutional violations, and mistaken identity.
The prosecution must prove that you knowingly possessed or dealt in stolen goods. However, if you were charged with related crimes, such as theft, burglary, conspiracy, or possession of burglary tools, the state will likely use evidence of those crimes to help prove the fencing charge.
The prosecution is also allowed to use a few presumptions that point to your knowledge of stolen goods, including proof that:
- The item was priced substantially below its fair market value.
- The deal was done outside the regular course of business or without proper documentation.
- You didn’t reasonably verify whether the source had a right to possess the item.
Ultimately, you need a skilled criminal defense attorney on your side from the start. An experienced lawyer will protect your rights, preserve evidence, and review your case to spot weaknesses. Then, they can fight to suppress improperly obtained evidence and negotiate for reduced or dismissed charges.
Our New Jersey Criminal Defense Attorneys Are Ready to Help You
If you’ve been charged with fencing in New Jersey, you need an experienced attorney to mount a strong defense on your behalf. These offenses can carry prison time, steep fines, and a lasting criminal record.
The Law Offices of Jonathan F. Marshall has over 200 years of combined experience defending clients against theft and property crime charges throughout New Jersey. Whether the goal is getting charges reduced, securing a dismissal, or fighting at trial, we tailor our approach to protect your rights and your future.
We’ve handled thousands of cases with successful outcomes, including dismissals and downgraded charges. Find out why one client says they experienced “professionalism, empathy, diligence, concern, responsiveness and a strong work ethic” with our firm when you contact us today for your initial consultation.
