Fencing Charges 2C:20-7.1

Trenton NJ Fencing Lawyers

If you have been charged with the crime of fencing in Mercer County, the Law Offices of Proetta & Oliver can help. The offense of fencing in essence involves a situation wherein which it is alleged that the Defendant was either in possession of “altered property” and/or “dealing in stolen property”. Although the crime of fencing is not one of the most common theft charges issued in New Jersey, it has been used more and more of the years. In addition, more often than not, a Defendant charged with fencing tends to also be charged with receiving stolen property, theft of services, theft by deception, theft of movable property and theft by extortion. These are all serious crimes in New Jersey and should not be taken lightly. Furthermore, based on the new bail guidelines, if the allegations are serious enough, the prosecution could seek to detain the Defendant in the Mercer County Jail, without bail, pending trial. But before that can occur, the prosecution must file for and be successful at a Detention Hearing. If you would like to speak to one of our Mercer County criminal defense attorneys about your options at a Detention Hearing then please contact us at (609) 789-0779.

Proetta & Oliver has been defending clients accused of theft related crimes like fencing in courts throughout New Jersey, including Lawrence, Hamilton, Ewing, Robbinsville, Trenton, East WindsorWest Windsor or Hopewell for years now. If you would like to speak to one of our criminal defense attorneys then please contact us at 609-789-0779. We can go over the specific facts of your case and formulate a game plan that works best to suit your needs. As always, our initial consultations are free of costs. So if you have any questions, please do not hesitate to contact us. This is a serious criminal offense and should not be taken lightly. Now here is some important information on the offense of fencing, including the applicable penalties if convicted.

Fencing Attorneys in Hamilton NJ

Fencing is typically a charge issued when the prosecution cannot prove the underlying theft offense that they believe occurred. As a result, they tend to prosecute fencing charges more aggressively then one would imagine. The crime of fencing has basically been broken down into two different subsections. The first subsection seeks to criminalize anyone who is found to be in possession of merchandise where the identifying features have been altered. The second subsection seeks to criminalize anyone who is determined to be in the business of selling stolen goods. All fencing charges will be governed by NJSA 2C:20-7.1 in New Jersey. Here is a breakdown of the different subsections, including what the prosecution must prove in order to obtain a conviction.

NJSA 2C:20-7.1(a): Possession of Altered Property

  • To be convicted of this offense, the prosecution will need to establish that the Defendant is a “dealer” in property and that they were found to be in possession of specific property that they knew or should have known had its identifying features removed and/or altered. One of the most common “identifying features” that are alleged to have been altered are serial numbers. Also, it is important to note here that if the property lawfully belongs to the Defendant, it will be considered an affirmative defense.

NJSA 2C:20-7.1(b): Dealing in Stolen Property

  • To be convicted of this offense, the prosecution must establish that the Defendant is in the business of dealing stolen property by either trafficking, initiates, organizes, plans, finances, directs, manages or supervises the trafficking of stolen goods. It will be considered an affirmative defense to a prosecution of this section if the Defendant was unaware that the property was that of another and/or the Defendant was acting under an honest claim of right to the property.

As you can tell from reading above, the statute is rather specific with regards to what it seeks to prosecute. If you have been charged with fencing, burglary, theft of movable property, receiving stolen property or any other offense for that matter in Mercer County, we can help. If you would like to speak to one of our criminal defense lawyers about your potential options then please contact us at (609)789-0779.

Lawrence NJ Fencing Defense Lawyer

The Mercer County criminal defense attorneys at Proetta & Oliver have been representing clients accused of theft crimes in courts throughout New Jersey for years now. We are well aware of what a felony criminal conviction for a theft offense let alone a jail term, could do to one’s life. If you have been charged with fencing, trespassing, burglary, criminal mischief, theft or any other offense for that matter in Mercer County, we can help. We serve all of Mercer County including Robbsinville, Hamilton, Trenton, Lawrenceville, Hopewell, Pennington, East Windsor and West Windsor. If you would like to schedule a free consultation today, then please contact us at (609) 789-0779.