New Jersey theft offenses have serious penalties and can also impact you for many years in the future. For example, even a disorderly persons offense for shoplifting or writing a bad check will leave you with a record that can effect your ability to obtain the job of your dreams, maintain your immigration status or secure a professional license. The ramifications can be even more significant for more serious theft charges like robbery, burglary or credit card fraud. Presentation of an effective defense from a skilled attorney can help you avert the negative consequences of a Secaucus theft offense such as those described.
The attorneys at the Law Offices of Jonathan F. Marshall have been defending clients arrested on theft related charges throughout Hudson County for decades. We have credentials that are truly unique to ensure your success, including:
- 200 years of combined experience representing clients against criminal charges arising in Secaucus New Jersey
- 10 lawyers whose practice is devoted exclusively to defending those accused of violating the criminal and traffic code
- Former county prosecutors that have served at the highest levels like Director of Major Crimes, Special Operations, Juvenile Unit, Drug Task Force and even an entire Trial Division
- Certified Criminal Trial Attorneys
Contact our Jersey City Office now at 201-309-0500 to speak to an attorney on our staff. Members are available 24/7 and initial consultations are always free.
Theft Offenses in Harrison
New Jersey State law defines several types of theft offenses, including the following:
- Credit Card Theft or Fraud
- Passing a Bad Check
- Theft by Deception
- Theft of Services
- Identity Theft
- Prescription Drug Theft
- Receiving Stolen Property
- Auto Theft
Common Elements To Most Theft Charges. The offenses differ in the methods used to commit them, but there are three common elements to a theft offense in almost every instance. The basic elements are:
Taking or exercising control over property belonging to another party;
The taking or exercising of control was engaged in without the consent or permission of the property owner; and
The overall intent of your actions was to deprive the owner of the property his or her right to it.
How the police searched for and seized the evidence the prosecution intends to use at trial to prove you committed a theft offense is something we carefully investigate to determine if the defense of an unlawful search can be asserted. Searches and seizures in violation to your rights under the U.S. Constitution can be challenged by a motion to suppress evidence. If a judge agrees with our defense, the prosecution could be prevented from using the evidence to prove the charge.
Grading & Penalties for a Theft Charge in Harrison
Theft offenses can be disorderly persons offenses, which are the equivalent of a misdemeanor, or indictable offenses, which are felonies in other states. A disorderly persons offense for receiving stolen property, shoplifting, theft of movable property or shoplifting is handled in Secaucus Municipal Court. An indictable offense is one labeled as a first degree, second degree, third degree or fourth degree crime. A charge of this nature can only be decided at the county courthouse in Jersey City even those the related arrest occurred in Secaucus.
Factors that go into determining the grade or seriousness of a theft offense include the value of the property and the method by which it was taken. For example a robbery involving the use of force is graded as more serious than a shoplifting offense that does not involve violence. Value of the property taken factors into the grading as follows:
Taking property valued at $75,000 or more is a second degree crime. The penalties for second degree theft include a fine of up to $150,000 and 5-10 in prison. When the violation is for a crime of violence such as robbery or burglary, the no early release act also applies which requires that an individual serve 85% of their sentence before becoming eligible for parole.
Taking property valued between $500 and $75,000 is a third degree crime. A third degree theft carries up to 5 years in prison and a fine that can reach $15,000.
Taking property valued at $200 but less than $500 is a fourth degree crime. The prison term is up to 18 months and the fine is $10,000 for a fourth degree theft.
Taking property valued at less than $200 is a disorderly persons offense. A disorderly persons offense for theft results in a fine of up to $1,000 and up to 6 months in prison.
Challenging the prosecution version of events and the evidence it seeks to present in support of the accusations made against you is one method we use to defend you against theft offenses. The lawyers on our team also explore diversion programs such as Pretrial Intervention and Conditional Dismissal when averting a conviction altogether is not possible.
Harrison Theft Offense Attorney
Attorneys from the Law Offices of Jonathan F. Marshall bring substantial experience and courtroom skills to the task of preventing a conviction from ruining your life. Don’t let a lapse in judgment label you as a dishonest person. Call us now at 201.309.0500 so that an accomplished theft crime lawyer at the firm can prepare a potent defense on your behalf. Lawyers are available 24 hours a day and seven days a week to speak with you during a free consultation.