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Although you may not face harsh penalties for your crime, the impact on your life may be troublesome. In this chapter, unless a different meaning plainly is required, "structure" means any building, room, ship, vessel, car, vehicle or airplane, and also means any place adapted for overnight accommodation of persons, or for carrying on business therein, whether or not a person is actually present. It is essential to speak to an attorney before you plead guilty. Just as specific theft charges vary, so too do the potential consequences. Theft by failure to make required disposition of property received. If you have the misfortune of being accused of stealing a gun, this is considered a second degree crime, regardless of the minimal value of the gun itself. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of R. If the person is the holder of a driver's license from another jurisdiction, the court shall not collect the license, but shall notify forthwith the director who shall notify the appropriate officials in that licensing jurisdiction. Petty Theft Charges in NJ. Whether it's for the thrill of it, a compulsion you can't control, or a real need, shoplifting occurs when a person takes, conceals, or alters merchandise or price tags in an attempt to purchase the item for less than the full retail value. A person is guilty of theft if he purposely obtains services which he knows are available only for compensation, by deception or threat, or by false token, slug, or other means, including but not limited to mechanical or electronic devices or through fraudulent statements, to avoid payment for the service. 3) The actor reasonably believed that the owner of the structure, or other person empowered to license access thereto, would have licensed him to enter or remain, or, in the case of subsection c. of this section, to peer. The existence of any of the conditions with reference to electronic or mechanical devices, computers, computer equipment or computer software described in this subsection is presumptive evidence that the person to whom telecommunications service is at the time being furnished has, with intent to obtain telecommunications service without authorization or compensation or to otherwise defraud, created or caused to be created the condition so existing.

Nj Statute Theft By Deception

What is Theft by Unlawful Taking? Contact 609-832-3202 for additional information and a cost-free consultation. An offense under this section is a crime of the fourth degree if it is committed in a research facility, power generation facility, waste treatment facility, public sewage facility, water treatment facility, public water facility, nuclear electric generating plant or any facility which stores, generates or handles any hazardous chemical or chemical compounds. Only when you fully understand the charges and what is at stake can you make an educated decision about what is best for you and your family. Theft of movable property – N. J. S. Nj statute theft by deception. A. Pursuant N. 2C:20-3, the theft of a motor vehicle is a third-degree crime and punishable up to five years. Whether the offense was committed by a first-time offender.

A person who knowingly produces, sells, offers or exposes for sale a document, printed form or other writing which simulates a motor vehicle insurance identification card is guilty of a crime of the third degree. 2) Surreptitiously remains in a research facility, structure, or a separately secured or occupied portion thereof knowing that he is not licensed or privileged to do so. If you are seeking legal advice, please contact our law firm directly. 3) For any person purposely to alter, transfer or remove any label, price tag or marking indication of value or any other markings which aid in determining value affixed to any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment and to attempt to purchase such merchandise personally or in consort with another at less than the full retail value with the intention of depriving the merchant of all or some part of the value thereof. A third-degree felony has the following penalties: - 3 to 5 years in prison. Theft by Unlawful Taking in New Jersey – N.J.S.A. 2C:20-3. 2) A person who is authorized by an issuer to furnish money, goods, services or anything else of value upon presentation of a credit card by the cardholder, fails to furnish money, goods, services or anything else of value which he represents in writing to the issuer that he has furnished is guilty of a crime of the fourth degree. Theft by deception is a specific theft crime that is prohibited under New Jersey state law. In New Jersey, the New Jersey Supreme Court has a certification committee which classifies certain New Jersey Lawyers as Certified Trial Attorneys. In other situations, a theft charge can be downgraded from an indictable crime to a disorderly persons offense to minimize your exposure to penalties. No matter the value of the car you steal, carjacking is a first-degree crime carrying a prison sentence of 10 to 30 years with a 5-year mandatory minimum sentence.

A person convicted of carjacking shall be sentenced to a term of imprisonment and that term of imprisonment shall include the imposition of a minimum term of at least five years during which the defendant shall be ineligible for parole. With his highly effective defense strategies and unwavering dedication to his clients, Mr. Theft By Unlawful Taking Felony or Misdemeanor. Fay has achieved superior outcomes for clients throughout New Jersey. Due to the fact that petty theft is a disorderly persons offense, the statute of limitations is only one year. Is It Possible To Avoid Jail Time for a Theft Offense? Guidelines for prosecution of shoplifting offenses.

Theft Laws In New Jersey

The court could also impose a jail term form 0 to 6 months. Theft by unlawful taking nj degrees. A person who purposely obtains or retains property upon agreement or subject to a known legal obligation to make specified payment or other disposition, whether from such property or its proceeds or from his own property to be reserved in equivalent amount, is guilty of theft if he deals with the property obtained as his own and fails to make the required payment or disposition. If the court is for any reason unable to collect the license or licenses of the person, the court shall cause a report of the conviction or adjudication of delinquency to be filed with the director. Can I Beat a New Jersey Theft Charge?

A person who exhibits or displays to a law enforcement officer or a person conducting a motor vehicle inspection pursuant to chapter 8 of Title 39 of the Revised Statutes a falsely made, forged, altered, counterfeited or simulated motor vehicle insurance identification card, knowing that the insurance identification card was falsely made, forged, altered, counterfeited or simulated, commits a crime of the fourth degree. C. Credit card theft. Theft laws in new jersey. A skilled NJ defense attorney can help you better understand this statute and how it may relate to your case. If you have been charged with third-degree theft in New Jersey, you should get in touch with the New Jersey criminal defense attorneys at the Law Offices of John J. Zarych as soon as possible. Defense Against Theft, Robbery & Burglary in New Jersey. What Theft Amount is a Felony?

4) operates or causes said vehicle to be operated with the person who was in possession or control or was an occupant of the motor vehicle at the time of the taking remaining in the vehicle. If you face any type of theft-related charge, you should get a seasoned and knowledgeable criminal defense attorney. The State would try to prove that you "received stolen property" (which equates to a theft) and that you should have known the bike was stolen. Mandatory counseling. As a consequence, you can be ordered to spend 180 days in jail and pay up to $1, 000 in fines. A first-degree offense is the most serious offense of all. Robbery is a second-degree crime except it is a first degree-crime if the defendant, while committing the robbery, tries to kill anyone, inflicts serious bodily injury, or is armed with a deadly weapon. The Sentencing Judge may also order fines and restitution as prescribed by 2C:43-3 and for all convictions for Theft of a Motor Vehicle in New Jersey. Shoplifting merchandise from a retailer. Leader of auto theft trafficking network is a crime of the second degree. Hiring a lawyer will definitely be your best option in this situation. D. For the purposes of this act, property is known to be derived from criminal activity if the person knows that the property involved represents proceeds from some form, though not necessarily which form, of criminal activity. Fourth degree crimes are punishable by a New Jersey State Prison term of up to 18 months. Third-Degree Felony.

Theft By Unlawful Taking Nj Degrees

Third Degree: 3 to 5 Years in Prison, Maximum $15, 000 Fine. A person commits burglary if, with the purpose to commit an offense therein, they: - Enter a structure (building or room) or. ROBBERY AND CAR JACKING. Forgery is a crime of the third degree if the writing is or purports to be part of an issue of money, securities, postage or revenue stamps, or other instruments, certificates or licenses issued by the government, New Jersey Prescription Blanks as referred to in R. 45:14-14, or part of an issue of stock, bonds or other instruments representing interest in or claims against any property or enterprise, personal identifying information or an access device. A variety of factors influence whether an alleged theft is charged as an indictable offense or a disorderly persons offense. Penalties in New Jersey are: - 5 to 10 years in prison. Theft is a very serious crime in New Jersey, and conviction for it is even more serious. A Third-Degree Theft Offense in New Jersey. Depending on the circumstances, you may be charged with a fourth degree crime for joyriding, a third degree crime plus additional penalties for auto theft, or even a first degree crime for carjacking.

The consequences of a conviction could be severe, leaving you with a permanent criminal record and possibly even sending you to jail. The transaction or transactions need not exceed the transaction reporting threshold at any single financial institution on any single day in order to demonstrate a violation of subparagraph (b) of paragraph (2) of subsection b. of this section. 6) For any person purposely to remove a shopping cart from the premises of a store or other retail mercantile establishment without the consent of the merchant given at the time of such removal with the intention of permanently depriving the merchant of the possession, use or benefit of such cart. C. A person commits a crime of the third degree if, with purpose to withhold temporarily from the owner, he takes, operates or exercises control over a motor vehicle without the consent of the owner or other person authorized to give consent and operates the motor vehicle in a manner that creates a risk of injury to any person or a risk of damage to property. This means that, if convicted, the court must sentence the defendant to prison time. Upon conviction, an individual can face up to 30 years in prison and a fine of up to $200, 000. Property stolen is an access device or defaced access device. 6) "Revoked credit card" means a credit card which is no longer valid because permission to use it has been suspended or terminated by the issuer. Whether the robbery occurred in conjunction with a violent crime. A person is guilty of possession of forgery devices, a crime of the third degree, when with purpose to use, or to aid or permit another to use the same for purposes of forging written instruments, including access devices and personal identifying information, he makes or possesses any device, apparatus, equipment, computer, computer equipment, computer software or article specially designed or adapted to such use. In most instances, you cannot use mental illness, medication, drug or alcohol-related problems as an excuse for shoplifting.

A person who issues or passes a check or similar sight order for the payment of money, knowing that it will not be honored by the drawee, commits an offense as provided for in subsection c. For the purposes of this section as well as in any prosecution for theft committed by means of a bad check, an issuer is presumed to know that the check or money order (other than a post-dated check or order) would not be paid, if: a. Unlawful taking of means of conveyance.