Contact Our Jersey City Office To Discuss Your Burglary, Credit Card Theft, Shoplifting, Theft by Deception Or Other Theft Charge With One Of Our Former Prosecutors
An accusation that you took money or property belonging to another party can result in a range of theft charges in Bayonne or another municipality. Depending on what was allegedly stolen and how the theft was perpetrated, you can be charged with theft by deception, burglary, bad checks, credit card theft or any other number of New Jersey Theft Offense. The impact of any violation of this nature can be significant since employers tend to shy away from candidates with a record for dishonesty or stealing. Hiring a skilled defense lawyer can prove pivotal in avoiding the pitfalls of a theft conviction.
This attorneys at our firm are highly qualified to defend you against a theft charge in Bayonne Municipal Court or at the Hudson County Superior Court. The Law Offices of Jonathan F. Marshall has:
- Over 200 years of combined experience defending Hudson County theft charges involving credit cards, shoplifting, burglary, theft by deception, receiving stolen and even robbery
- Ten (10) lawyers that specialize in nothing other criminal defense
- Former County and Municipal Prosecutors that include a Former Director of Major Crimes, the Drug Task Force, Juvenile and even an entire Trial Division
- Certified criminal trial attorneys
- A long and rich history of downgrades and dismissals in theft and fraud cases
Our focus is exclusively criminal defense and this translates into time tested legal defenses and strategies that have proven highly effective in avoiding convictions. Chances are that you have questions and concerns about your arrest and theft charge, so we make a Bayonne criminal attorney at the firm available for a free initial consultation at any time of the day or night simply by calling us at 201-309-0500.
Theft Offenses in Bayonne New Jersey
There several forms of conduct classified as theft offenses under New Jersey law. Some of the common Bayonne theft offenses include the following:
- Auto theft
- Passing bad checks
- Theft of services
- Theft by fraud or deception
- Prescription drug fraud
- Receiving stolen property
- Credit card fraud & theft
There are certain core elements that must be present in most theft cases. For example, to prove a generic theft of movable property charge under N.J.S.A. 2C:20-3, the state must prove that you:
- Took or exercised control over property belonging to another party;
- Lacked consent or permission from the owner of the property; and
- Your conduct was intended to deprive the owner of the property taken.
Almost all varieties of theft share some form of these elements. In addition, the prosecutor bears the burden of proving each element beyond reasonable doubt.
By challenging the evidence, including the methods used by the police to obtain it, we can weaken the prosecution case and make it difficult for it to meet its burden of proof. For instance, the methods and procedures used by police to search and seize evidence must not violate your rights under the U.S. Constitution. We routinely make use of motions to suppress to challenge the ability of the prosecution to use evidence obtained in violation of your constitutional rights.
Grading of a Bayonne Theft Charge
The degree or grade of the theft offense determines whether it an indictable offense, which is equivalent to a felony in other states, or a disorderly persons offense, which is equivalent to a misdemeanor. Grading usually depends upon the type or value of the property taken although the severity of certain violations hinge on other factors. For example, auto theft and credit card theft are always indictable crimes of the third degree while many other theft offenses are graded according to value as follows:
Property valued at $75,000 or more: Indictable crime of the second degree.
Property valued between at between $500 to less than $75,000: Indictable crime of the third degree.
Property valued at $200 but less than $500: Indictable crime of the fourth degree.
Property valued at less than $200: Disorderly persons offense.
Robbery is not graded based on the value of property stolen but rather the level of violence utilized to commit the theft. When a robbery is “strong-arm” rather than while armed, it is a second degree crime. When a weapon is used or injury is inflicted, robbery is a first degree crime.
Bayonne Theft Offense Penalties
The grading of a theft offense determines the severity of the penalties a judge may impose. An aggressive defense strategy employed by an experienced criminal defense attorney could weaken the prosecution case to secure a dismissal or a reduction in the grade. The importance of this can be seen in the following grades and the possible penalties for each one:
Crimes of the second degree: Five to 10 years in prison and a fine not exceeding $150,000
Crimes of the third degree: Up to five years in prison and a fine as high as $15,000
Crimes of the fourth degree: Eighteen months in prison and a fine up to $10,000
Disorderly persons offenses: Up to six months in jail and a fine up to $1,000
We also explore possible diversion programs for which you could be eligible and work to get persuade the court and the prosecution to allow you to participate. Some programs allow you to avoid conviction and a criminal record.
Bayonne Theft Offense Attorney
When you have been accused of a Bayonne theft offense, you want advice, guidance and legal representation from a Hudson County criminal defense attorney with decades of experience. Each of the attorneys at the Law Offices of Jonathan F. Marshall is a seasoned criminal defense attorney with a proven record of success. Call us now at 201-309-0500 to speak with an attorney at any time of the day or night in a free initial consultation.