Receiving Stolen Property Lawyers in Trenton NJ
Receiving stolen property is a serious criminal offense in New Jersey and one that should not be taken lightly. As you will see below, receiving stolen property can either be a second, third, fourth degree felony or a disorderly persons offense (misdemeanor). The difference between the degrees could be the difference between a Defendant receiving a probationary sentence at worst and a ten year New Jersey State Prison Sentence. In addition, based on the new bail reforms, a Defendant charged with receiving stolen property may find themselves being held in the Mercer County Jail pending trial, without bail. The new bail system is geared more towards a risk assessment as opposed to a purely monetary system. Therefore, if you or a loved one has been charged with receiving stolen property in Mercer County it is crucial that you speak to an experienced criminal defense attorney immediately about your options.
Keith Oliver Criminal Law represents clients accused of receiving stolen property, theft by deception, shoplifting, theft of moveable property, burglary and robbery in Mercer County. If you have been charged with one of the above mentioned offenses or any criminal offense for that matter in Mercer County, in towns like Trenton, Ewing, West Windsor, Hamilton, Princeton, Lawrence or Hopewell, we can help. If you would like to come into our office for a free face to face meeting with one of our attorneys then please contact us at (609)789-0779. Please remember, time is of the essence and speaking to an experienced Mercer County criminal defense attorney as soon as possible can go a long way to obtaining a favorable outcome.
Receiving Stolen Property Attorneys in Hamilton NJ
Receiving Stolen Property Charges in NJ
Receiving stolen property is not a complex criminal offense. The offense is governed by N.J.S.A. 2C:20-7. To be convicted of receiving stolen property, the prosecution must prove beyond a reasonable doubt three material elements,
- That the Defendant knowingly received property of another;
- The property in question was stolen; &
- The Defendant either knew or had reason to believe that the property was stolen.
In laymen’s terms, it means that a Defendant took another’s property which they either knew or should have known it was stolen. The term “property” encompasses anything of value. It can be almost anything, i.e. a car, land, money, a watch, clothes etc. The term “receiving” means acquiring possession, control or title or lending on the security of the property.
What if I Didn’t Know the Property was Stolen?
One thing that is important to note is that the State does not need to prove that the Defendant in fact knew the property was stolen. The State can proceed under the theory that the Defendant “had reason to believe” that the property was in fact stolen. Therefore, when a Defendant claims that they “paid” for the item, the State can attempt to prove the charge under the theory that based on the price the Defendant “paid” he should have known that the property was most likely stolen. With that being said, this is where an experienced Mercer County criminal defense attorney can make a difference. If you would like to schedule a free consultation today with one of our Mercer County theft defense attorneys then please contact us directly at (609) 789-0779.
What are the Penalties for Receiving Stolen Property in NJ?
Like all other theft charges in New Jersey, the degree of an offense will be dictated strictly by the value of the “property” in question. Here is a complete breakdown of not only the different degree but the potential punishment as well.
2nd Degree Felony: The value of the property must be greater than $75,000.
- 5 to 10 Years in a State Prison;
- A presumption of imprisonment does apply.
- Fine up to $150,000;
- Felony Criminal Record.
3rd Degree Felony: The value of the property must be greater than $500 but less than $75,000.
- 3 to 5 Years in a State Prison;
- A presumption of imprisonment does apply provided the Defendant does not have a prior criminal record.
- Fine up to $15,000;
- Felony Criminal Record.
4th Degree Felony: The value of the property must be greater than $200 but less than $500.
- Up to 18 Months in a State Prison;
- A presumption of imprisonment does not apply provided the Defendant does not have a prior criminal record.
- Fine up to $10,000;
- Felony Criminal Record.
Disorderly Persons Offense: The value of the property must be less than $200.
- Up to 6 Months in the Mercer County Jail;
- A presumption of imprisonment does not apply provided the Defendant does not have a prior criminal record.
- Fine up to $1,000;
- Criminal Record.
Can I get PTI?
In New Jersey, the legislatures have created several diversionary programs which may come into play if someone is charged with receiving stolen property. Those programs include the Pretrial Intervention Program, the Conditional Dismissal Program and Drug Court. Both the Pretrial Intervention Program and the conditional dismissal program will provide a Defendant charged with receiving stolen property the ability to walk away from these charges without a criminal record and without ever serving a day in jail. Drug court on the other hand, will help keep a Defendant out of jail but will force them to participate in a five (5) year intensive drug related probationary period to accomplish that.
Receiving Stolen Property Lawyer in Hamilton NJ
Our appears in Courts throughout Mercer County, including towns like the Mercer County Superior Courthouse, the Hamilton Municipal Court, the East Windsor Municipal Court, the Hightstown Municipal Court, the Princeton Municipal Court and the Lawrence Municipal Court. If you have been charged with theft, possession of heroin, possession of marijuana with the intent to distribute, possession of heroin with the intent to distribute or burglary, the Keith Oliver Criminal Law can help. We have the experience and knowledge to be able to fight to protect your freedom. For a free initial consultation today, please contact us at (609)789-0779.