Hudson County, NJ Theft By Unlawful Taking Attorneys
One of the most common forms of criminal theft is known as theft by unlawful taking. Generally, theft by unlawful taking or disposition involves the displacement of movable or immovable property that belongs to another. A common example is when a juvenile or adult steals from a convenience store or supermarket. The actually taking and removing of movable property from a commercially run property can result in either felony or misdemeanor charges. The value of the property involved will determine the severity of the charge. The higher the value of the stolen property, the greater the penalties. If the property involved exceeds $75,000.00, then the charges will be a second degree offense, which may result in the defendant being sentenced up to ten (10) years in a New Jersey state prison. Conversely, even if the property involved is under $200 you will still be facing up to six (6) months in the Hudson County Jail. As you can see, theft by unlawful taking or disposition charges will carry the possibility of prison and should never be taken lightly. The Law Offices of Jonathan F. Marshall has former county and municipal prosecutors with over 100 years of cumulative experience. Our office has been representing defendant’s charged with theft by deception, receiving stolen property, burglary, carjacking and robbery in towns like Jersey City, Kearny, Harrison, Hoboken, Union City, West New York and Weehawken for over fifteen years. If you would like to discuss theft charges further, contact our Jersey City Office at (201) 309-1800 for your initial consultation today with an attorney today.
Theft By Unlawful Taking Lawyers in Jersey City, NJ
There are two types of property that can be “unlawfully taken”, movable and immovable property. In Jersey City, pursuant to N.J.S.A. 2C:20-3, both movable and immovable property requires separate elements of proof in order for a conviction to stand.
What is Movable Property for Theft Charges in NJ?
There are five elements that the Judge most conclude occurred before a defendant could be convicted of theft of movable property. First and foremost, the property involved must be movable property. Next, the movable property must belong to third party. Third, the prosecution must demonstrate that the Defendant took, disposed of, or exercised control over the said property. Fourth, it must be an unlawful “taking”. Finally, the property needs to have been obtained with the specific purpose to deprive the other person who had an interest in the property.
This last element qualifies the offense as a specific intent crime, thus making the mens rea of the defendant of critical importance.
What is Immovable Property for Theft Charges in Hudson County?
Alternatively, for immovable property only four elements must be proven beyond a reasonable doubt before a Judge can convict a defendant of such theft. First, the state must prove an unlawful transfer occurred. Second, there must be a transfer of an interest in immovable property. Next, it must be the immovable property of a third party. Lastly, the Defendant must have acted with the purpose of benefiting himself or another person who was not entitled to that interest.
Is Theft By Unlawful Taking a Felony in Weehawken, NJ?
In Weehawken, and New Jersey alike, felonies are referred to as indictable crimes and misdemeanors are labeled as non-indictable crimes or disorderly persons offenses. When dealing with theft by unlawful taking or disposition, the value of the property will determine if the charges are indictable or non-indictable. If the value of the property involved exceeds $75,000.00, it is second degree indictable offense. If the value of the property involved is at least $500 but less than $75,000.00, then it is third degree indictable offense. If the value of the property involved is between $200 and $499, it is fourth degree indictable offense. Theft by unlawful taking of property with a value of less than $200 is a disorderly persons non-indictable offense (i.e. that only amount that does not result in a felony charge).
Will I Go to Jail for Theft By Unlawful Taking or Disposition?
Going to Jail is a real possibility when facing theft by unlawful taking or disposition convictions. The length and likelihood of imprisonment varies based on the degree of the offense. If you are convicted of second degree theft by unlawful taking, you will face up to ten (10) years in jail. If you are convicted of a third degree theft by unlawful taking, the judge may sentence you to five (5) years in a State prison. A conviction for a fourth degree theft by unlawful taking carries with it up to eighteen (18) months in State prison. The one non-indictable offense, disorderly persons theft by unlawful taking, still exposes you to up to six (6) months in the Hudson County Jail. However, depending on your criminal history and the nature of your pending offense, the court may be inclined to show leniency at the time of sentencing. In fact, your theft defense attorney may be able to convince the Judge and prosecutor that you should be afforded the opportunity to participate in the Pre Trial Intervention or Conditional Dismissal program, which if successfully completed will result in a complete dismissal of the charges.
Theft by Unlawful Taking Attorneys in Hudson County NJ
If you or someone you love is facing a theft by unlawful taking offense, in towns like Guttenberg, Jersey City, Hoboken, Kearny, Harrison, Union City or elsewhere in Hudson County, the Law Office of Jonathan F. Marshall can help. If you would like to speak to any one of our eight Hudson County New Jersey theft defense attorneys, please contact our Jersey City Office for your free case evaluation today. Our Hudson County attorneys can be reached day or night at (201) 309-1800.