Monmouth County Receiving Stolen Property Lawyer
Regardless of the offense, any theft related conviction could drastically affect someone’s future. Outside the potential for incarceration that a Defendant faces when being charged with receiving stolen property, the collateral consequences could be just as devastating. A conviction could cost a Defendant their current employment, their ability to gain employment and even their professional licenses. If you have been charged with receiving stolen property, theft by deception, theft of moveable property, shoplifting, theft by extortion or burglary in Monmouth County, the Keith Oliver Criminal Law can help. Our attorneys represent clients charged with receiving stolen property in towns throughout Monmouth County, including towns like Holmdel, Tinton Falls, Middletown, Long Branch, Asbury Park, Belmar, Manalapan, Marlboro, Rumson and Red Bank. Our attorneys will aggressively challenge the evidence presented against you in order to obtain a favorable outcome.
Looking to Speak to an Attorney about Receiving Stolen Property Case in Middletown
At Keith Oliver Criminal Law, we fully understand that no two clients let alone no two cases are the same. As such, we pride ourselves on being able to adapt our skill set in order to fulfill your needs. To speak to one of our attorneys immediately, please contact us at 732-858-6959. The governing statute for receiving stolen property is N.J.S.A. 2C:20-7. As you will see below, the legislature chose to leave the statute extremely broad. This gives an experienced Monmouth County criminal defense lawyer the opportunity to pick apart the State’s case. If you have been charged with receiving stolen property or any other offense for that matter and would like to come into our office and sit down with Mr. Oliver to discuss your options then please contact our office at (732)858-6959. We are available 24/7 to help assist in anyway possible and as always our initial consultations are always free. Now here is some key information on the offense of receiving stolen property, including the applicable penalties if convicted.
What to Know about Receiving Stolen Property Charges in NJ
When it comes to receiving stolen property charges in New Jersey it is important to remember that the crime alleged here is possessing the property in question, not the actual theft of the property itself. In addition, the prosecution does not just have to simply establish that the property was stolen but they must show that the individual knew or should have known it was stolen. This is a tough burden for the prosecution. Typically speaking, they will have to rely heavily upon circumstantial evidence in order to establish knowledge on behalf of the individual.
What Does the State Have to Prove For a Receiving Stolen Property Charge?
As stated above, the governing statute in New Jersey for receiving stolen property is N.J.S.A. 2C:20-7 which states in pertinent part: “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 has probably been stolen.” In essence, to be convicted of receiving stolen property the Monmouth County Prosecutor’s Office will have to prove three key elements beyond a reasonable doubt and they are as follows:
- The Defendant knowingly received movable property of another;
- The property in question was in fact stolen; &
- The Defendant either knew the property was stolen or believed it to be stolen at the time he/she received the property.
With that being said, it will be considered an affirmative defense if it can be shown that the Defendant received the stolen property with the underlying purpose to restore it to its actual owner.
What are the Penalties for Receiving Stolen Property in NJ?
Just like every other theft offense in New Jersey, the dollar amount in question will dictate what degree of receiving stolen property a Defendant will be charged with. This offense can be either a second, third or fourth degree felony and even a disorderly persons offense (misdemeanor). Here is a breakdown of the degrees and applicable penalties if convicted.
2nd Degree: Property is valued at more than $75,000
- 5-10 Years in a New Jersey State Prison
- $150,000 Fine
- Felony Criminal Record
3rd Degree: Property is valued at more than $500 but less than $75,000
- 3-5 Years in a New Jersey State Prison
- $15,000 Fine
- Felony Criminal Record
4th Degree: Property is valued at more than $200 but less than $500
- 18 Months in a New Jersey State Prison
- $10,000 Fine
- Felony Criminal Record
Disorderly Persons Offense: Property is valued at less than $200
- 6 Months in the Monmouth County Jail
- $10,000 Fine
- Criminal Record
How to Try and Avoid Jail Time on a Receiving Stolen Property Charge in NJ
Almost every theft offense in New Jersey, including receiving stolen property boils down to not just the dollar amount of the item in question but the ability to make restitution. One’s ability to make restitution could make a tremendous difference in their case. Depending on the underlying degree of the offense and a Defendant’s criminal history one might be eligible for either the Pretrial Intervention Program, the Conditional Dismissal Program and possibly Drug Court. Each one of these programs could help a Defendant avoid not just incarceration but even possibly a criminal record as well. For more information on these programs including what makes one eligible please click on the links.
Can the Court Order Restitution on a Receiving Stolen Property Charge?
If the Court determines that the victim suffered a loss as a result of the charge, then the Judge could order restitution if the individual either pleads guilty to or found guilty of it. If the individual disputes the specific dollar amount then they could request a formal restitution hearing. If this is to occur, the individual would be eligible to contest the specific dollar amount in a separate proceeding and it would be up to the Judge to determine the amount of the loss.
Looking to Consult with a Receiving Stolen Property Lawyer in Hazlet
Keith Oliver Criminal Law is an experienced Monmouth County criminal defense firm. Mr. Oliver and Mr. Proetta have dedicated their entire careers to defending those accused of crimes in courts throughout New Jersey, including Monmouth County. We have been defending clients accused of shoplifting, theft of moveable property, theft by deception, receiving stolen property and robbery in courts throughout Monmouth County for years now. We serve all of Monmouth County, including towns like Little Silver, Lake Como, Manasquan, Marlboro, Englishtown, Matawan, Aberdeen, Oakhurst and Long Branch. If you would like to come into our office for a free initial consultation today then please contact us directly at (732)858-6959. These are serious charges and should not be taken lightly.