Theft by Unlawful Taking

Waterford NJ Theft Attorney

The general theft statute in the NJ Criminal Code is titled “theft by unlawful taking”. This violation is set forth at N.J.S.A. 2C:20-3 and applies to both movable and immovable property. Stealing another student’s computer would be a prime example of this offense. Depending on the value of the computer, this charge can be filed as a disorderly persons offense, fourth-degree crime, third-degree crime or even second-degree crime. It is critical that you speak with an experienced Camden County criminal attorney if you are facing this charge as you will, among other things, we left with a criminal record if you are unsuccessful in defending your case. There is also the possibility of a state prison sentence in most complaints brought under N.J.S.A. 2C:20-3. The Law Offices of Jonathan F. Marshall specializes in criminal defense. With former New Jersey Prosecutors on staff, our team of criminal trial attorneys has the experience and resources necessary to find weaknesses in the State’s case and to effectively fight or negotiate on your behalf. For an immediate consultation, contact us at 856-662-8300. The initial consultation is always provided free of charge.

Theft Lawyer In Barrington Borough NJ

While there are two types of property susceptible to an unlawful taking offense, “movable” and “immovable” property”, theft of movable property is obviously the more common. Theft of movable property, like any other criminal case, requires that the court prove certain elements beyond a reasonable doubt. These elements include the following: (1) the property involved is movable property; (2) you did not own nor have permission to possess the movable property; (3) you exercised some form of control over this property; and (4) you obtained the property with the specific purpose to deprive the other person who had an interest in the property. If the police in Cherry Hill, Haddonfield, Camden, Gloucester Township or another municipality in the county have a reasonable basis to believe that the elements of this offense exist, they can file this as either an indictable offense (felony) or non-indictable offense (misdemeanor) depending on the value involved. When this value is in question, there may be a hearing required to assess the supposed value of the goods in question. If the value of the property involved exceeds $75,000.00, then you will be charged with a 2nd-degree offense. If the value of the property involved is at least $500 but less than $75,000.00, you will be charged with a 3rd-degree offense. If the value of the property involved is between $200 and $499, you will be charged with a fourth-degree offense. Lastly, if the theft involved property valued anywhere less than $200, you will be charged with a disorderly persons offense. Only the disorderly persons Theft By Unlawful Taking charge will be heard at the Municipal Court level. All other charges will be indictable matters heard at the Camden County Superior Court located at 101 S 5th St, Camden, NJ 08103.

Penalties That Apply To Your Haddon Township Theft Offense

The length and likelihood of imprisonment vary based on the degree of the offense and your prior criminal record. Without any consideration of your criminal history, 2nd-degree theft by unlawful taking carries between five (5) and ten (10) years of imprisonment.  Third-degree theft by unlawful taking carries between three (3) and five (5) years in a State Penitentiary. Fourth-degree theft by unlawful taking exposes you to eighteen (18) months of incarceration. Lastly, a disorderly persons offense for theft can result in up to six (6) months in the Camden County Jail. In addition to any jail time, you also face the prospect of court-imposed fines, restitution, and other penalties.

Runnemede Borough Theft Charge Defense Lawyers

If you or someone in your family was arrested and charged with theft by unlawful taking, it is important you take the first step towards resolution by contacting a criminal attorney. With over 100 years of cumulative legal experience, the Law Offices of Jonathan F. Marshall is an experienced and dedicated firm that can handle your Camden County criminal matters. Our attorneys may be reached 24/7 and will provide you with your initial consultation free of charge. Contact our representatives at 856-662-8300 to find out what can be done for your criminal theft charges.