Red Bank NJ Receiving Stolen Property Defense Attorneys
Although the term “receiving stolen property” may seem unclear, it is actually considered a theft crime in New Jersey. The underlying reason for this is that the offense involves knowingly receiving or transporting movable property that has been stolen or receiving such property with the reasonable belief that it has been stolen. Essentially, receiving stolen property can be viewed as an extension of the original theft that resulted in the property stolen. In order to prove this crime in a court of law, the State must satisfy the presumption of knowledge requirement, meaning they must provide evidence to support the fact that you knew or should have known, that the property in question was unlawfully taken from another person.
In a receiving stolen property case, the presumption of knowledge can be established through any of the following: the defendant was in possession of two or more stolen items on two or more occasions; the defendant received stolen property in another transaction during the year prior to the transaction for which they are now facing charges; the defendant conducts business involving the purchase or sale of the type of property stolen and did not adequately inquire as to whether or not the person from whom they acquired the property had the right to obtain and/or transfer it; or the defendant was found in possession of two or more defaced access devices, which may include credit card or account information.
In order to effectively defend against a charge for receiving stolen property, it is essential to understand all of the legal nuances involved in these cases. At Chamlin, Rosen, Uliano & Witherington, we utilize our experience as former prosecutors and defense attorneys to construct the most thorough defenses in favor of our clients. Under the head of our criminal defense department, Certified Criminal Trial Attorney Charles J. Uliano, a former Monmouth County Prosecutor, we extensively examine every facet of your case in order to target strengths and weaknesses that may facilitate a desirable resolution. With a rich tradition in Monmouth County and regular appearances in courts from Asbury Park, to Belmar, Deal, Eatontown, and Freehold, we will utilize all of our knowledge and resources to protect you and those you love. Contact our offices in West Long Branch or Asbury Park at 732-440-3950, or call toll free at 888-328-9131 for additional information.
Charges for Receiving Stolen Property in New Jersey: N.J.S.A. 2C:20-7
Receiving Stolen Property offenses can be found in section N.J.S.A. 2C:20-7 of the New Jersey Criminal Code, which sets forth:
a. Receiving. A person is guilty of theft if he knowingly receives or brings into this State movable property of another knowing that it has been stolen, or believing that it is probably stolen. It is an affirmative defense that the property was received with purpose to restore it to the owner. “Receiving” means acquiring possession, control or title, or lending on the security of the property.
b. Presumption of knowledge. The requisite knowledge or belief is presumed in the case of a person who:
- Is found in possession or control of two or more items of property stolen on two or more separate occasions; or
- Has received stolen property in another transaction within the year preceding the transaction charged; or
- Being a person in the business of buying or selling property of the sort received, acquires the property without having ascertained by reasonable inquiry that the person from whom he obtained it had a legal right to possess and dispose of it; or
- Is found in possession of two or more defaced access devices.
Penalties for Receiving Stolen Property in New Jersey
Charges for receiving stolen property may vary based on the estimated value of the stolen property involved in the commission of the offense. As such, higher values entail more serious charges and thus, more severe penalties for those convicted. The following guidelines govern receiving stolen property charges in New Jersey:
Receiving Stolen Property as a Disorderly Persons Offense (property valued at $200 or less): maximum sentence of 6 months to be served in the county jail
Receiving Stolen 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
Receiving Stolen 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
Receiving Stolen 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
Call Monmouth County NJ Receiving Stolen Property Lawyers to Discuss Your Case
A presumption is not a fact, just as an allegation is not a conviction. In fact, you are presumed innocent until proven guilty and at our law firm, we are passionate about ensuring that our clients receive the most vigorous defense possible under the law. Contact our Asbury Park or West Long Branch offices anytime at 732-440-3950 to discuss your case. One of our seasoned legal professionals is standing by to assist you.