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Theft of Movable Property 2C:20-3a

Lawrenceville NJ Theft Charges Defense Attorneys

If convicted of a theft offense in New Jersey not only will a Defendant be potentially facing a lengthy State Prison sentence but they will also be forced to deal with the stigma that comes along with a theft convictions. The collateral consequences that come with a theft conviction sometimes are worse than the underlying penalties that a Defendant is actually saddled with at the end of the day. Trying to obtain or maintain meaningful employment with a theft conviction on your record is tough. If you have been arrested for theft of moveable property, theft by deception, receiving stolen property, burglary, robbery or passing bad checks in Mercer County it is crucial that you speak to an experienced criminal defense attorney as soon as possible about your options. The Law Offices of Proetta & Oliver represents clients accused of theft in courts throughout Mercer County, including courts like the Mercer County Superior Courthouse, the Hamilton Municipal Court, the Ewing Municipal Court, the Princeton Municipal Court, the West Windsor Municipal Court and the Robbinsville Municipal Court. If you would like to come into our office and sit down with one of our attorneys to discuss your options then please contact us at (609)789-0779. Our attorney have the experience and knowledge needed to fight to protect your freedom. We are fully aware of what a criminal conviction for a theft offense could do to one’s future. So if you have any questions, please do not hesitate to contact us and as always, our initial consultations are free. Now here is what the State must be able to prove beyond a reasonable doubt in order to obtain a theft conviction in New Jersey.

Theft of Moveable Property Attorneys in Trenton NJ

Theft of moveable property is governed by N.J.S.A. 2C:20-3(a), which states in pertinent part that “a person is guilty of theft if he/she unlawfully takes, or exercises unlawful control over, movable property of another with the purpose to deprive them thereof”. In layman’s terms, the State needs to prove the following three elements:

  • That the Defendant knowingly took possession of another’s property; &
  • That in doing so the Defendant had the underlying purpose to deprive the victim of the property.

“Moveable Property” can consist of just about anything of value. It can be a tangible object like a TV or a car or it can something along the lines of trade secrets, contract rights or computer data. If you have been charged with theft in Mercer County, you should speak to one of our attorneys about your options.

What are the Penalties for Theft Offenses in NJ?

The value of the “moveable property” in question will dictate what degree of theft a Defendant is charged with. If a Defendant is alleged to have taken moveable property that has a value in excess of $75,000, they will be charged with a second degree felony. If a Defendant is alleged to have taken moveable property that has a value in excess of $500 but less than $75,000, they will be charged with a third degree felony. If a Defendant is alleged to have taken moveable property that has a value in excess of $200 but less than $500, they will be charged with a fourth degree felony. Lastly, if a Defendant is accused of taking movable property that has a value less than $200, they will be charged with a disorderly persons offense. The difference between the degree could be the difference between a Defendant receiving a probationary sentence and a ten year state prison sentence. Here is a breakdown in the potential penalties that a Defendant faces if they get convicted of theft in New Jersey.

2nd Degree Felony Theft:

  • 5 to 10 years in Prison
  • Fine up to $150,000
  • Felony Criminal Record

3rd Degree Felony Theft:

  • 3 to 5 years in Prison
  • Fine up to $15,000
  • Felony Criminal Record

4th Degree Felony Theft:

  • Up to 18 Months in Prison
  • Fine up to $10,000
  • Felony Criminal Record

Disorderly Persons Offense (Misdemeanor) Theft:

  • Up to 6 Months in the Mercer County Jail
  • Fine up to $1,000
  • Criminal Record

Will I go to Jail If I am Convicted in NJ of Theft?

With that being said, New Jersey has created several diversionary programs that if taken advantage of by a Defendant, they may be able to not only stay out of jail but without a criminal record as well. Those programs include the Pretrial Intervention Program, the Conditional Dismissal Program and Drug Court. For more information on these programs please contact our office at (609)789-0779.

Theft Defense Attorneys in Hamilton NJ

If you have been charged with theft by deception, theft, shoplifting, burglary, fencing, criminal trespassing or receiving stolen property, the Law Offices of Proetta & Oliver can help. Our team has a lot of experience representing clients accused criminal offenses in towns throughout Mercer County including Hamilton, Lawrence, Princeton, East Windsor, Hopewell, Trenton and Robbinsville. If you want to speak to one of our attorney about your options then please contact us at (609)789-0779. We can be reached 24/7 and as always our initial consultations are free.