If you have been accused of receiving stolen property in Somerset County it is imperative that you speak to an Somerset County experienced criminal defense lawyer as soon as possible about your options. Receiving stolen property charges can either be a disorderly persons offense or a second, third or fourth degree felony offense in New Jersey. So regardless of the degree, an individual convicted of receiving stolen property in New Jersey will not only be scarred with a criminal record but will also be facing jail time as well. When it comes to receiving stolen property charges they are usually in addition to other charges like burglary, robbery, theft, shoplifting and theft by deception. These are serious criminal charges in New Jersey and as such they require the assistance of an experienced criminal defense lawyer. If you would like to speak to one of our New Jersey criminal defense attorneys about your options then please contact just at (908) 533-1064.
Whether you have been charged with burglary, receiving stolen property, theft of movable property, joyriding, theft of services or shoplifting, the attorneys at Keith Oliver Criminal Law can help. Our Somerset County criminal defense lawyers will aggressively challenge the evidence presented against you in order to achieve a favorable outcome. If you would like to speak to one of our attorneys about the specific facts of your case then please contact us at (908) 533-1064. Our attorneys will give you our honest feedback on how we can be of assistance. We serve all of Somerset and Hunterdon County, including towns like Flemington, Somerville, Bound Brook, Green Brook, Clinton, Raritan, Bridgewater, North Plainfield, Montgomery and Readington. As always, our initial consultations are free of costs. So if you have any questions whatsoever please do not hesitate to contact us. Now here is some information on receiving stolen property charges in New Jersey.
Understanding How Receiving Stolen Property Cases are Prosecuted in NJ
Receiving stolen property is a rather common offense charged in New Jersey and they tend to be prosecuted to the fullest extent of the law. One of the main reasons for that is because sometimes when the prosecution can’t prove the underlying theft, burglary or robbery charge, they will fall back on the receiving stolen property offense. For example, if a house in burglarized and they apprehend an individual a week later with the items, they can’t necessarily charge them with the burglary, unless they have something else to tie that individual to the burglary. So what they do is charge them with receiving stolen property. So, when it comes to defending a receiving a stolen property charge it is important to remember that this specific offense has nothing to do with the actual theft of the item. Rather it has to do with the possession of the item.
How Can I Be Charged with Receiving Stolen Property in New Jersey if I Didn’t Steal Anything?
Elements for NJSA 2C:20-7 Case in NJ
Receiving stolen property charges in New Jersey will be governed by NJSA 2C:20-7. In order to be convicted of this offense in New Jersey the prosecution will need to prove three material elements beyond a reasonable doubt, they include:
- That the Defendant was in possession of moveable property of another;
- That the moveable property was stolen; &
- That the Defendant knew or should have known that the property was stolen.
The term moveable property can mean just about anything that has a value. Furthermore, there will be a presumption of knowledge that the items were in fact stolen if one of the following occurs:
- If the Defendant was found in possession of two or more items of property stolen on two or more separate occasions; or
- If the Defendant received stolen property in another transaction within the year preceding the transaction charged; or
- If the Defendant is in the business of buying or selling property and they did not conduct a reasonable inquiry to determine whether the seller had the legal right to sell the property; &
- If the Defendant was in possession of two or more defaced access devices.
With that being said, it will be considered an affirmative defense if the property was obtained with the purpose to restore it to its proper owner.
Will I go to Jail for Receiving Stolen Property in NJ?
2nd Degree Receiving Stolen Property Charges: Value of the property was excess of $75,000
- 5 to 10 years in prison;
- $150,000 fine;
- Felony criminal record;
3rd Degree Receiving Stolen Property Case: Value of the property was excess of $500 but less $75,000
- 3 to 5 years in prison;
- $15,000 fine;
- Felony criminal record;
4th Degree Receiving Stolen Property Attorneys: Value of the property was excess of $200 but less $500
- 18 Months in prison;
- $10,000 fine;
- Felony criminal record;
Disorderly Persons Offense Receiving Stolen Property: Value of the property was less than $200
- 6 Months in Jail;
- $1,000 fine;
- Criminal record;
Common Charges Associated with Receiving Stolen Property Charges in NJ?
Just because the offense of receiving stolen property seeks to prosecute the simple possession of a stolen item does not mean that the prosecution will not charge the individual with other offenses surrounding the underlying theft of the item. In fact, even if the prosecution knowns that their ability to prove the underlying theft offense is not as strong as the receiving stolen property charge, it will not deter them from charging the individual in an effort to put pressure on them. Some of the more frequently charged criminal offenses with see being issued in connection with receiving stolen property charges include: Burglary, Car Burglary, Theft of Moveable Property, Shoplifting, Theft by Deception and Robbery. As one would guess, this makes an already complicated situation more complicated.
Speak to a Hunterdon County NJ Receiving Stolen Property Lawyer Today
Whether you have been charged with shoplifting, criminal mischief, stalking, harassment, receiving stolen property or burglary in Somerset County, the Keith Oliver Criminal Law can help. Our attorneys have been defending clients accused of receiving stolen property in towns throughout New Jersey, including Clinton, Branchburg, Watchung, Flemington, South Bound Brook, Franklin, Montgomery, Hillsborough and Raritan. If you would like to speak to one of our attorneys about your options then please contact us at (908) 533-1064. We are available around the clock to help assist in anyway