Highly Experienced Former Prosecutors At Our Hudson County Firm Are Ready To Defend Your Theft Charge in Guttenberg New Jersey
Theft offenses carry penalties that include hefty fines and the possibility of incarceration, especially when they are indictable crime like burglary, credit card theft, or robbery. In fact, even a disorderly orderly persons offense for shoplifting, receiving stolen property or writing a bad check can land you in the Hudson County Jail for up to six (6) months. Furthermore, a conviction becomes part of your permanent criminal record that future employers, landlords and anyone else conducting a background check on you will discover. If you have been charged with a theft offense in Guttenberg, you need an attorney representing you who has the knowledge and experience to avoid a conviction.
The attorneys at the Law Offices of Jonathan F. Marshall are fully equipped to successfully defend you. Our team possesses the following qualifications:
- More than 200 years of combined criminal experience
- 10 lawyers that specialize exclusively in defense
- Former county prosecutors that have served as Director of Major Crimes, Special Operations (i.e. Economic Crimes), Juvenile and an entire Trial Division
- Certified criminal trial attorneys
Our defense attorneys have first-hand insight into police investigative procedures and prosecution strategies from having served as municipal and county prosecutors. This can prove invaluable in defending a theft by deception or other theft related arrest. An attorney at the firm can be reached anytime 24/7 for a free consultation by contacting our Jersey City Office at 201-309-0500.
Theft Offenses in Guttenberg New Jersey
If you have been arrested for a New Jersey theft offense, it is important that you not lose hope. A criminal charge is nothing more than an unproven allegation that the prosecution has the legal burden of proving beyond a reasonable doubt. There are legal defenses and strategies that can be used on your behalf to challenge the evidence or the methods used by the police to search for and seize that evidence to prevent a conviction or weaken the theft case to the point at which a favorable plea bargain or dismissal can be achieved. Guttenberg theft charges can come in many forms, including:
- Receiving stolen property
- Credit card fraud
- Bad checks
- Theft of services
- Theft by fraud or deception
- Prescription drug fraud
- Auto theft
- Identity theft
Common Elements in Theft Cases. Although the elements that are necessary to prove a particular form of theft vary, there are certain core requirements that are common. The offense that encapsulates these reoccurring elements is N.J.S.A. 2C:20- 3 (“Theft by unlawful taking or disposition”). The state must prove three elements to convict someone of this violation: (1) the accused took or exercised control over property of another person; (2) without their consent or permission; and (3) intended to deprive the owner of the property that was taken.
Our defense attorneys take the time to review the facts and the evidence to identify flaws or weaknesses in the prosecution version of events. They use their knowledge and skills to develop a defense strategy designed to attack those weaknesses to give you the best opportunity of avoiding the harsh penalties and consequences of a theft offense conviction.
Grading of a Guttenberg Theft Charge
The severity of the sentence a judge may impose if you are convicted of a theft offense depends upon the value and type of property taken and the circumstances of the crime. These are factors affecting the grade of the offense, for example:
Taking property valued at $75,000 or more is a second degree crime.
Taking property valued between at between $500 and less than $75,000 is a third degree crime.
Taking property valued at $200 but less than $500 is a fourth degree crime.
Taking property valued at less than $200 is a disorderly persons offense.
Some theft offenses are graded according to the type property taken rather than its value. As an illustration, auto theft, theft by someone acting in a fiduciary capacity or position of trust, and credit card theft are theft offenses graded as indictable crimes of the third degree regardless of the property’s value.
Penalties If You Are Convicted of Theft
Penalties associate with a theft offense conviction take away your freedom and have long-term consequences through the criminal record that stays with you for the rest of your life. Some of the penalties depending on the grade of the theft offense include:
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
There are diversion programs such as Pretrial Intervention (“PTI”) and Conditional Dismissal make it possible for you to avoid a conviction. These programs can lead to a dismissal of the charges with no criminal record provided you are eligible for and successfully complete them. Another option, one which comes into play when a defendant is looking at a term of imprisonment, is Drug Court. Our attorneys understand how the various diversion programs work, and we make every effort to get you into an available program.
Guttenberg Theft Offense Attorney
A theft offense need not end in a conviction. The defense lawyers at the Law Offices of Jonathan F. Marshall ensure that your case receives the attention and aggressive defense capable of giving you the best chance of avoiding the penalties and consequences of a conviction. Call us now at 201-309-0500 to speak with a talented lawyer on our staff. Attorneys are available 24 hours a day and seven days a week for a free consultation.