The taking of another's property has always been a serious crime that can be committed in a variety of ways. Depending on the method used to commit a theft or the type of item that was taken, in New Jersey there several ways to be charged with theft and once this happens you should consult with a criminal defense lawyer. At Villani & DeLuca our team of criminal defense lawyers represent clients who are facing charges for crimes of theft, simple assault, drug possession, and other criminal offenses.
Common theft crimes we defend against in Long Beach Island
Theft by unlawful taking (N.J.S.A. 2C: 20-3) This statute protects against theft of movable or immovable property. Examples of immovable property can include a building or piece of land while movable property can consist of items and possessions of another person. This crime can be graded anywhere from a disorderly persons offense to a second degree crime depending on the value of the property stolen.
Theft by deception (N.J.S.A. 2C: 20-4) A person will be charged with theft by deception if he purposefully deceives, creates or reinforces a false impression with regards to the property at issue, or fails to correct a false impression, which he previously created, and which he knows is influencing an individual to whom he stands in a fiduciary or confidential relationship. This type of theft is also graded based on the value of the items.
Theft by extortion (N.J.S.A. 2C: 20-5) A person will be charged with theft by extortion if he purposely and unlawfully obtains property of another by extortion. Examples of what is considered extortion include: threatening to inflict bodily injury, exposing or publicizing any secret in order to impair another's reputation, taking or withholding action as an official.
Theft of lost property (N.J.S.A. 2C: 20-6) A person who comes into control of property of another that he knows to have been lost, mislaid, or delivered under a mistake as to the nature or amount of the property or the identity of the recipient is guilty of theft if, knowing the identity of the owner and with purpose to deprive said owner thereof, he converts the property to his own use.
Theft of services (N.J.S.A. 2C: 20-8) A charge of theft of services will be brought if a person purposely obtains services which are offered for compensation by use of deception, threat, and other fraudulent means. Common Theft of services actions can include connecting a wire to siphon the electricity, water or gas of your neighbor without permission or even obtaining phone and cable services fraudulently with the purpose of avoiding payment. A conviction of theft of services will result in payment of a $500 fine and restitution for the amount of services that were fraudulently obtained, in addition to other penalties.
Shoplifting (N.J.S.A. 2C: 20-11) Shoplifting is a common theft offense that any person can be charged with if they purposely take possession of, carry away, transfer or cause to be carried away any merchandise displayed, held, stored, and offered by a store or retail merchandise establishment. Actions such as altering, removing any tag or price label and even removing a shopping cart from the store with the intention to permanently keep the property. Shoplifting can be graded anywhere from a disorderly persons offense to a second degree crime depending on the value of the items.
Consequences you could be facing for a theft crime
Depending on how the crime is graded if you are convicted of a theft offense this could lead to years in prison and thousands of dollars in fines.
Theft as a Disorderly Persons Offense- If the amount involved is less than $200.00. Disorderly persons offense carry up to 30 days in jail and $1000.00 fine if convicted.
Theft as a Fourth Degree Crime- If the amount involved is at least $200.00 but less than $500.00. A conviction for a fourth degree offense will result in up to 18 months in jail and a $10,000 fine.
Theft as a Third Degree Crime- A theft charge will be graded as third degree crime if the value of the property is more than $500.00 but less than $75,000, the property is a firearm, motor vehicle, boat, horse, domestic animal or plane, a dangerously controlled substance, a person's benefits under State and Federal law in an amount less than $75,000. A conviction for a third degree crime will result in 3-5 years in prison and a fine of up to $15,000.
Theft as a Second Degree Crime- This is the highest degree a theft crime can be graded and can be charged if the property involved exceeds $75,000 in value, is taken by extortion, is a dangerously controlled substance, a person's benefits under State and Federal Law in the amount of $75,000 or more. A conviction for a second degree crime can result in 5-10 years in prison and a fine of up to $150,000.
If you have been charged with a theft crime in Barnegat Light, Beach Heaven, Ship Bottom or any other Township in Long Beach Island contact the criminal defense lawyers of Villani & Deluca before appearing in Court for your charges. Whether your case involved receiving stolen property, theft of services in an attempt to save costs or even if you shoplifted from a local retail store our criminal defense lawyers can defend you. Call us today to schedule a FREE consultation at 732-782-9833.