Theft of movable property is not only significant for the potential it has to lead to significant periods of incarceration, it also speaks to a deeper level of dishonesty that may reverberate throughout the rest of your life, affecting your ability to attain gainful employment, housing, or further education. If you or someone you love has landed on this page due to an indictment for theft of movable property in Morris County and are asking yourself how you can avoid the sting of incarceration, fines, and the potentially life-crippling stigma associated with a theft charge, we at the Law Offices of Jonathan F. Marshall believe that we are your best chance to minimize the damage to your life and future prospects these charges may create. The offense of theft of moveable property can be either a second, third, fourth degree felony or a disorderly persons offense (misdemeanor). To see what will separate a second degree felony from a misdemeanor please checkout below. In addition, if you or a loved one has been charged with theft of moveable property, burglary, shoplifting, robbery, theft by deception or receiving stolen property in towns like Morristown, Madison, Dover, Roxbury, Parsippany, Pequannock, East Hanover or elsewhere in Morris County, please do not hesitate to contact us. We offer free initial consultations and our team of Morris County, New Jersey theft attorneys are available 24/7 to answer any questions you may have. For additional information on the offense of theft of moveable property please see below.
N.J.S.A. 2C: 20-3: Theft Defense Lawyers in Pequannock NJ
Under N.J.S.A. 2C: 20-3, the section of the criminal code that deals with theft by unlawful taking of 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.” There are several things that can be gleaned from this. First and foremost, the property must be unlawfully taken from the other person. For example, it would not be an unlawful taking for a person to ask for a dollar and receive the dollar where there is no force, threat or coercion involved. Similarly, if persons were involved in some sort of a game where they took the property with the intention of giving it back, they would not be taking the property with the purpose to deprive the owner of that property. Therefore, occasionally, as circumstances dictate, the state of mind element that the state must show, namely a purpose to deprive another of property, may be drawn into question by an experienced attorney.
What are the Penalties for Theft of Moveable Property in New Jersey?
If, however, a conviction were obtained, the gradation of the offense would be directly related to the value of the property that is unlawfully taken. A disorderly persons offense (misdemeanor) occurs where the value of the property taken is less than $200. This is the only time that this offense is a misdemeanor, though, and all other grades of the offense could lead to significant jail time. A fourth degree offense occurs when the value of the property is between $200 and $500. This could lead to incarceration for up to 18 months. A third degree offense occurs where the value of the property taken is between $500 and $75,000. This could lead to a State prison term of up to 5 years. A second degree offense occurs where the value of the property is over $75,000. This is the most serious unlawful taking offense and can lead to a period of incarceration for up to 10 years.
With that being said, an experienced Morris County theft lawyer may be able to convince the Judge and prosecution to allow you to participate in one of New Jersey’s Diversionary Programs. These programs are known as the Pretrial Intervention Program and the Conditional Dismissal Program. If applicable and if defense counsel can prove to the Judge and prosecution that you are a prefect candidate for either program, you will be able to bypass the traditional methods of prosecution and participate in a probationary period. If that period is successfully completed without issue, the then otherwise life changing criminal charges will be outright dismissed. For more information on these programs please contact our office directly at (973) 309-7050.
Roxbury NJ Theft Defense Lawyers
Needless to say, theft of movable property is a serious offense and one that you cannot afford to face alone. At the Law Offices of Jonathan F. Marshall our 100 years of collective experience and team of 8 attorneys, including former prosecutors, stand ready to help you in your time of need. So please, if you or a loved one has been charged with this crime in Morris County, in towns like Chatham, East Hanover, Butler, Boonton, Morris Township or Jefferson, do not hesitate to contact one of our Morris County offices today for a free consultation with an experienced attorney about the particulars of your case.