Wayne NJ Theft Defense Lawyers
The criminal charge of theft by unlawful taking is probably the broadest category of theft offense under New Jersey law. Similar to theft by deception, shoplifting and receiving stolen property theft by unlawful taking can either be an indictable offense or a misdemeanor, depending on the circumstances surrounding the incident in question. At the extreme, it is possible to be sentenced to ten (10) years in prison if you are convicted of second degree theft by deception. And while third degree theft by deception or even a disorderly persons offense for theft by deception are less severe in terms of penalties, they also have the potential for significant consequences. A strong defense attorney can help eliminate the negative consequences and provide the best chance of avoiding a record in our judgment. An experienced theft by deception lawyer on our defense team is available for free consultation now at 862-203-4070. Here is some important information you may want to know about the NJ offense of theft by unlawful taking.
Elements the Prosecutor Must Prove to Convict Someone of Theft by Unlawful Taking?
Pursuant to N.J.S.A. 2C:20-3, theft by unlawful taking refers to two types of properties: movable and immovable objects. A person is guilty of theft of a movable object in accordance with 2C:20-3 if he/she unlawfully takes, or exercises unlawful control over, movable property of another with purpose to deprive him thereof. With an immovable object, a person is guilty if he/she unlawfully transfers any interest in immovable property of another with purpose to benefit himself or another not entitled thereto. With this being said, basically two elements must be established in order for someone to be convicted of violating N.J.S.A. 2C:20-3. First, there must a form of taking or control of a movable or immovable property. Second, said taking must have been done with the purpose to deprive the rightful owner or to benefit the taker. The “taking” of the property must be coupled with an intention to deprive the real owner of the property. In addition, if someone is engaged in a conspiracy, that is, they aid, command, induce, or help facilitate or bring about the commission of a theft by another, then they also fall within 2C:20-3.
How Is The Degree of Theft by Unlawful Taking Determined?
The grade of crime that a particular theft by unlawful taking will occupy is determine as follows:
- If the value of the property obtained exceeds $75,000.00, it is second degree theft by unlawful taking;
- If the value of the property obtained is at least $500 but less than $75,000.00, then it is third degree theft by unlawful taking;
- If the value of the property is between $200 and $499, it is fourth degree theft by unlawful taking; and
- Theft by unlawful taking of property with a value of less than $200 is a disorderly persons offense.
In terms of grading, a disorderly persons offense for theft by unlawful taking would be a misdemeanor while all others would be considered felony charges.
Penalties That Apply Under 2C:20-3
If you are convicted of theft by unlawful taking in the second degree, you may face up to ten (10) years in prison and fines up to $150,000.00. If you are convicted of theft by unlawful taking in the third degree, you may face up to five (5) years in prison and fines up to $15,000.00. If you are convicted of theft by unlawful taking in the fourth degree, you may face up to eighteen (18) months in prison and fines up to $10,000.00. If you are convicted of a disorderly persons offense of theft by unlawful taking, you may face up to six (6) years in prison and fines up to $1,000.00.
Little Falls NJ Theft by Unlawful Taking Attorneys
No one should needlessly have a record for stealing. This could effect so many things in life and, many times, its really necessary as sound legal guidance from an experienced criminal attorney can result in no conviction. May be you did not have the intent to taking the property or thought it was rightfully yours, or perhaps you just do not have to suffer the negative consequences of a conviction because something in the case can be structured in your favor. These are all the angles our skilled theft by unlawful taking attorneys undertake in every case we handle. Give yourself the benefit of this opportunity or even the possibility of Pretrial Intervention, by giving us a call now at 862-203-4070. Our team is eager to help, we extensive experience in Courts throughout Passaic County including Passaic City, Totowa, Ringwood, West Milford, Paterson and Hawthorne.
