Howell NJ Receiving Stolen Property Lawyers
Although you may not have been the thief, receiving stolen property can get you into considerable trouble. Just like the act of stealing, the severity of this offense is measured in terms of the value of the property taken. The grading and penalties are, in fact, virtually identical to those which apply to most theft charges. You actually face the possibility of a state prison term and a record for an indictable felony offense for receiving stolen property with as limited value as $200. It is therefore important that you find an experienced criminal lawyer to defend you if you have been charged with receiving stolen property in Neptune or another municipality.
The attorneys at Marshall, Bonus, Proetta & Oliver represent individuals arrested for receiving stolen property in Monmouth County, including Neptune, Keansburg, Middletown, Marlboro, Howell and Bradley Beach. We are the largest defense firm in this county with offices in Freehold and Red Bank and employees that include several former prosecutors and a team that possesses over a century of combined experience defend charges like yours. Our receiving stolen property defense attorneys are available 24/7 to assist you. Call us any time to speak to a lawyer with the skills to effectively defend you.
Arrested For Receiving Stolen Property Under N.J.S.A. 2C:20-7
The New Jersey Receiving Stolen Property Law is contained at N.J.S.A. 2C:20-7 and make it a crime for someone to knowingly receive movable property that they know is stolen or believe is probably stolen. The term “receiving” is defined expansively under this law to include possession, control, title or taking property as security. If the prosecutors can establish five (5) elements, this violation has been established. First, the property in question must belong to another person. Second, the property must have been stolen. Third, the accused must have known or believed that the property was probably stolen. Fourth, the accused took possession, control, title or provided funding using the property as security. Fifth, the actions of the accused must have been knowing.
Presumptions. In determining whether these elements have been satisfied, the law allows for certain presumptions. First, if the accused took possession of two or more items or on two or more occasions that was stolen, it is presumed that he knew the property in question was stolen. Second, it is presumed that the defendant knew that the property stolen if he received stolen property in another transaction within one (1) year of receiving the property in the current transaction. Third, if a dealer in property of the type being conveyed fails to make a reasonable inquiry as to how it was obtained, the law presumes that the dealer knew the item was stolen. Fourth, if the property is an “access device” and has been removed, erased, defaced, altered, destroyed, covered or otherwise changed in any manner from its original configuration, it is presumed that the item was stolen. An “access device” includes a calling card, credit card, account number, mobile identification number, electronic serial number, personal identification number, or any other data intended to control or limit access to telecommunications or other computer networks.
Grading Of Offense. Receiving Stolen Property charges can range from a disorderly persons offense all the way up to a second degree crime depending on the value of the property received. It is a disorderly persons offense when the value is less than $200. When the value is at least $200 but less than $500, receiving stolen property is a fourth degree crime. Property having a value of at least $500 but less than $75,000 results in a third degree crime. If you receive stolen property with a value of $75,000 or more, it is a second degree crime.
Penalties. A disorderly persons offense for receiving stolen property carries the possibility of up to six months in the Monmouth County Jail, fine of $1,000 and other penalties. A fourth degree crime of receiving stolen stolen property results in punishment that includes a maximum fine of $10,000 and eighteen months in state prison. Third degree receiving stolen property triggers a fine of up to $15,000 and as much as five years incarceration. The most serious grade of this offense, a second degree crime, results in five to ten years in prison and a fine that can reach $150,000.
Affirmative Defenses. It is an affirmative defense under the Code that the property was received with the purpose to restore it to the owner. In contrast, under the Model Penal Code that state must prove as a material element of the offense that the defendant did not have the purpose of restoring the property to the owner. Because it is an affirmative defense, the state need not prove that the defendant did not have a purpose of restoring the property to the owner unless there is some evidence to support a claim that the defendant did have this purpose.
Receiving Stolen Property Attorney in Keansburg NJ
If you were arrested for receiving stolen property Holmdel, Asbury Park, Ocean, Matawan or Long Branch, we are ready to fight on your behalf for the very best outcome. Our attorneys will put their decades of knowledge defending individuals charged in Monmouth County towns like Keansburg into motion so that you escape the pitfall of a 2C:20-7 conviction. Lawyers who are skilled in the defense of this charge are available in our Red Bank Office and Freehold Office 24/7 to assist. Give us a call and a lawyer on our staff will review the facts of your case and develop a plan for successfully defending your receiving stolen property charge.