Middletown NJ Theft of Movable Property Defense Attorneys
Under New Jersey law, theft crimes vary significantly and can be distinguished by the nature of the stolen property or the manner in which the property was taken. The degree of these charges are similarly variable, determined principally by the estimated monetary value of the stolen property and/or the type of property (i.e. a vehicle). When faced with a theft charge, it is essential to understand the nuances of the specific offense for which you are accused, as there are significant implications associated with the type of charge and the burden of proof placed on the State to warrant a conviction.
Theft of movable property is among the most common theft crimes, encompassing a myriad of articles, items, objects, etc. This offense is often referred to as “theft by unlawful taking,” requiring only that the defendant unlawfully takes, or exercises unlawful control over, movable property of another with the purpose to deprive him thereof. Notably, this may apply in cases wherein the person is temporarily or permanently deprived of his or her property. As for the grading of these charges, they are contingent upon the value of the property stolen, with penalties becoming increasingly severe as the value of the property increases.
The skilled criminal defense attorneys at Chamlin, Rosen, Uliano & Witherington have been dedicated to defending those accused of theft and other crimes in Monmouth County since the firm was established over 50 years ago. Under the exceptional leadership of partner Charles J. Uliano, who is one of the only 43 attorneys (out of 80,000) in the state of New Jersey who hold dual Certifications from the New Jersey Supreme Court in both Civil and Criminal Law, these distinguished legal professionals have the knowledge and resources to position their clients for the best possible outcomes. Contact their Asbury Park or West Long Branch offices anytime at 732-440-3950 or call toll free at 888-328-9131 for additional information.
Theft of Movable Property in New Jersey: N.J.S.A. 2C:20-3a
Offenses involving theft of movable property are addressed in section N.J.S.A. 2C:20-3a of the New Jersey Criminal Code, which mandates the following with respect to movable property:
A person is guilty of theft if he unlawfully takes, or exercises unlawful control over, movable property of another with purpose to deprive him thereof.
It is important to note that in these cases, the State can elect to aggregate the values associated with several thefts and levy one charge against the defendant. In other words, the prosecutor can sum up the amounts associated with a number of thefts if he or she believes that you are responsible for each of them. For instance, if you committed five separate thefts involving $150 each, what may have been considered a relatively low-level disorderly persons offense can be elevated to a third degree indictable felony if the amounts of each theft are aggregated to exceed $500.
Further, one may think of auto theft as falling within the confines of this statute, it is in fact, a separate offense under the law and is always considered a third degree felony, regardless of the value of the stolen vehicle.
Penalties for Theft of Movable Property in New Jersey
Theft of Movable Property as a Disorderly Persons Offense (property valued at $200 or less): maximum sentence of 6 months to be served in the county jail
Theft of Movable Property as a Fourth Degree Crime (property valued between $200 and $500): maximum sentence of 18 months to be served in New Jersey State Prison
Theft of Movable Property as a Third Degree Crime (property valued between $500 and $75,000): term of incarceration ranging from 3 to 5 years in New Jersey State Prison
Theft of Movable Property as a Second Degree Crime (property valued above $75,000): term of incarceration ranging from 5 to 10 years in New Jersey State Prison
Contact Monmouth County NJ Theft of Movable Property Lawyers
A theft conviction can spell devastating consequences for you personally, professionally, and financially. In fact, it can even negatively impact your immigration status if you are not a U.S. citizen, as theft constitutes a “crime of moral turpitude” under the law. Our attorneys understand the gravity of these allegations and will pursue all available avenues to protect your future. To speak with a member of our seasoned criminal defense team, contact us at either of our Monmouth County office locations. We are available anytime at 732-440-3950 or toll free at 888-328-9131 to answer your questions.