The common thread in all theft offenses in Jersey City or elsewhere is conduct intended to deprive another person of their money or property. Some charges have other key characteristics like use of threats or force in the case of robbery, an authorized entry into a structure for burglary and fraud in order to accomplish theft by deception. Another determining factor can be the type of property stolen, for example, theft of retail merchandise is shoplifting or misappropriating a credit card results in credit card theft. It is extremely important to retain a knowledgeable criminal lawyer irrespective of the pedigree of theft charged in your case since a conviction will leave you with a record for stealing which can negatively impact your ability to obtain employment, renew your Green Card or Visa, or obtain some form of professional license. You will also face substantial fines and the possibility of incarceration. An attorney that is skilled in defending theft and fraud related charges is an effective tool for preventing a guilty finding.
The attorneys in the Jersey City Office of the Law Offices of Jonathan F. Marshall have precisely what you are looking for to win your burglary, receiving stolen property, bad check or other theft case. Our team has qualification that are certainly unique to help you, including:
- Over 200 years of combined experience representing clients charged with a wide range of theft and fraud related offenses throughout Hudson County
- 10 lawyers that dedicate their legal practices to nothing other than criminal defense
- Former county prosecutors who have served as Director of the Economic Crimes Unit, Major Crimes and even an entire Trial Division
- Certified criminal trial attorneys
You will immediately sense the confidence and dedication that our lawyers bring to the table once you speak to them. You can secure an immediate free consultation by calling us now at 201-309-0500. We are available around the clock to assist you in preparation for an initial appearance, detention hearing or any other aspect of your charge for theft.
Theft Offenses in Jersey City New Jersey
There are numerous New Jersey theft laws that can come into play in Jersey City. The most fundamental of these violations is theft by unlawful taking or movable property under N.J.S.A. 2C:20-3(a). This offense is basically the building block for almost every other form of theft so review the elements of this charge can provide you with a basic understanding of what is required in order for prosecutor to prove this type of offense. First, it must be established that you took money or property of another person. Second, you must have lacked permission or consent from the owner. Third, you must intend to permanently deprive the owner of the benefit of the property. All most all varieties of theft charge you can face at the Hudson County Superior Court or even in Jersey City Municipal Court exhibits several of these elements of prove. Some of the more frequently encountered theft charges are:
- Credit Card Theft & Fraud
- Bad Checks
- Theft of Services
- Theft By Deception
- Prescription Drug Theft & Fraud
- Receiving Stolen Property
- Identity Theft
- Money Laundering
Our role, as your defense attorney, is to attack the evidence by using all legal defenses available in order to prevent a conviction. We extensively investigate the facts to identify weaknesses in the prosecution version of the event, including skilled and focused cross-examination of prosecution witnesses. We also make use of pretrial motions to challenge the admissibility of evidence seized by the police and used by the prosecution to support its accusations against you. Grading a Jersey City Theft Offense A strong, aggressive defense is essential when you are accused of a theft offense because of the harsh penalties and long-term consequences of a conviction. Depending upon the grade of a theft offense, you could go to prison for as long as 10 years.
Grading of a Jersey City Theft Charge
Most theft offenses are graded based upon the value of the property or money taken. Two exceptions to that rule are auto theft and credit card theft, which are indictable crimes of the third degree, the equivalent of a felony in other states, regardless of the value of the property. Other theft offenses are graded as follows:
- Property of $75,000 or more in value – Second Degree Crime.
- Property value of at least $500 but less than $75,000 – Third Degree Crime.
- Property value of at least $200 but less than $500 – Fourth Degree Crime.
- Property value of less than $200 – Disorderly Persons Offense.
Disorderly persons offenses are the New Jersey equivalent of misdemeanors. As with indictable offenses, disorderly persons offenses also cause you to have a permanent criminal record that employers and other parties conducting background searches on you will see. You will also note that there is no dollar value assigned when it comes to a first degree crime such as robbery armed robbery or money laundering. Those types of charges have more specific characteristics that render them crimes of the first degree (e.g. use of weapon).
Jersey City Theft Offense Penalties
Judges at the county courthouse and municipal court in Jersey City follow guidelines for sentencing that are tied to the grade of crime the defendant was convicted of. The standard penalties that are supposed to be imposed are:
First Degree Crime: 10 to 20 years in prison and a fine up to $200,000
Second Degree Crime: 5 to 10 years in prison and a fine not exceeding $150,000
Third Degree Crime: Up to 5 years in prison and a fine as high as $15,000
Fourth Degree Crime: Eighteen months in prison and a fine up to $10,000
Disorderly Persons Offense: Up to 6 months in jail and a fine up to $1,000
Our strategy focuses on an aggressive, hard-hitting defense designed to challenge the prosecution allegations with the primary goal being a dismissal of the charge or an acquittal at trial. Because we have your best interests in mind at all times, we also explore other methods of resolving the case as long as it allows you to avoid the harsh penalties and consequences of a conviction. For example, some of the diversion programs available in New Jersey allow eligible individuals to avoid a conviction and a criminal record. The attorney representing you will discuss available programs and their eligibility standards and requirements with you.
Jersey City Theft Offense Defense Attorney
Your first conversation with an accomplished lawyer from the Law Offices of Jonathan F. Marshall lets you know your defense is in the hands of a seasoned and skilled litigator who is capable of protecting your rights and freedom. Call us now at 201-309-0500 to speak to one of the talented attorneys on our team. Attorneys are available 24/7 to answer your questions and address your concerns during a free initial consultation.