The common thread of all theft charges is someone taking property of another person without permission of its owner. All charges falling under the umbrella of New Jersey theft offenses carry a risk of consequences like imprisonment or jail, significant fines and a permanent criminal record. The prosecution always has the burden of proving beyond a reasonable doubt that you committed the theft offense for which you have been charged in order to obtain a conviction. An experienced and skilled Secaucus criminal defense attorney capable of aggressively challenging the evidence the prosecution needs to meet its burden of proof gives you the best chance to avoid a conviction and the penalties associated with it.
The criminal defense team at the Secaucus Law Offices of Jonathan F. Marshall has a combined total of more than 100 years of defending individuals charged with all types of theft offenses in n Secaucus Municipal Court and Hudson County Superior Court. Our defense team includes former prosecutors, and all of our attorneys exclusively devote their practices to criminal defense to ensure that you receive knowledgeable and innovative representation. Call us now at 201.309.0500 to discuss the options available to you with one of our attorneys. The initial consultation is free, and an attorney is available 24 hours a day and seven days a week to speak with you.
Theft Offenses in Secaucus New Jersey
Our defense attorneys have experience defending against all types of theft offenses that arise in Secaucus, including:
- Credit card theft & fraud
- Passing bad checks
- Theft of services
- Theft by deception
- Prescription drug theft & fraud
- Receiving stolen property
- Auto theft
- Identity theft
The general definition and the elements of most offenses offenses can be found under N.J.S.A. 2C:20-3(a). This law, which applies to theft of movable property, requires the following three elements of proof: (1) you took or exercised control over property belonging to another party; (2) you lacked consent or permission of the owner of the property; and (3) your intent was to deprive the owner of the property. The prosecutor’s version of the events and evidence are often susceptible to challenge by a savvy attorney like those at our firm. For example, taking a lawnmower out of your neighbor’s garage might appear to be a theft offense until a careful look at the evidence reveals you returned it after mowing your lawn, so the intent to deprive the owner of the property is missing. Our attorneys take the time to carefully review the facts with you and analyze the evidence to identify potential defenses they can utilize to raise reasonable doubt in the state’s case.
Grading a Secaucus Theft Offense
Depending upon the value of what was taken in a theft offense, the charge could be the equivalent of a felony or a misdemeanor. Indictable offenses are the equivalent of felony in other states and whether a theft charge falls within this category primarily hinges on the dollar value of the property or money stolen. Some violations are graded in terms of severity without regard to value such as robbery and burglary. Other charges are always a third degree crime by definition such as credit card theft/fraud, auto theft and identity theft. The following are of how other theft offenses are classified:
Second Degree Crime – Property valued at $75,000 or more
Third Degree Crime – Property valued between at between $500 to less than $75,000
Fourth Degree Crime – Property valued at $200 but less than $500
Disorderly Persons Offense – Property valued at less than $200
As previously stated, a New Jersey robbery charge is graded differently and so is burglary. Strong-arm robbery is a second degree crime and armed robbery is a first degree crime. Burglary is a third degree crime but escalates to a second degree crime if entry occurs when the structure is occupied.
Secaucus Theft Offense Penalties
Avoiding a conviction for theft in Secaucus with an aggressive defense strategy and skilled representation from one of our criminal defense lawyers prevents you from being exposed to the following penalties:
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
Our commitment to securing a favorable outcome includes exploring diversion programs for which you might be eligible. Such programs avoid a trial and could result in a dismissal of the charges and no criminal record.
Secaucus Theft Offense Attorney
A charge for committing a theft offense is nothing more than an accusation that can be dismantled by a talented criminal lawyer. At the Law Offices of Jonathan F. Marshall, our innovative attorneys will design a strategy that will provide you with the best opportunity for avoiding a conviction. Call us now at 201.309.0500 for a free initial consultation with one of our lawyers any time of day or night.