Theft of Movable Property

Middletown NJ Theft Of Movable Property Lawyer

Theft of movable property is clearly the most frequently filed charge when someone allegedly steals something of value from someone other than a merchant (e.g. shoplifting). This violation tends to be the catchall theft offense used by police in towns like Middletown whenever there has been an “unlawful taking”. Make no mistake about it, however, the state is obligated to establish numerous elements before they can convict you of theft of movable property contrary to N.J.S.A. 2C:20-3(a). Our attorneys, many of whom are former prosecutors that make up a defense team with over 100 years experience, have been successfully defending theft by unlawful taking for literally decades throughout Monmouth County. Whether you are facing a third degree offense at Freehold Courthouse or a disorderly persons offense in Red Bank, Howell, Ocean, or Manalapan, the attorneys at The Law Offices of Jonathan F. Marshall have the skills you need. To discuss the facts surrounding your arrest and the charge you are facing, call our Freehold or Red Bank office. The consultation is free and we can be reached 24/7 at 732-450-8300 or 732-462-1197.

Theft of Movable Property Offense Under N.J.S.A. 2C:20-3(a)

Theft of movable property is defined under N.J.S.A. 2C:20-3(a) as taking or exercising unlawful control over property with the intention of deprive its true owner of its benefit. To prove this charge, the prosecutor must establish that the:

  1. Accused knowingly took or unlawfully exercised control over movable property;
  2. Belonging to another person or entity; and
  3. Possessed the intention to deprive the owner of the property.

For purposes of this law, the term “property” is defined broadly to include any tangible or intangible object including, but not limited to, contract rights and interests in claims. “Movable” refers to property or interests in property the location of which can change. Someone deprives another of property as required in element (3) above when they cause it to be withhold or disposed.

Grading of Offense. The severity of theft by unlawful taking hinges on the value of the property stolen. the following is a breakdown of the grading and the jail and fines that apply to each.

Grade Property Value Fine Jail
Disorderly Offense Less than $200 $1,000 Up to 6 months
Fourth Degree Crime $200 to $500 $10,000 Up to 18 months
Third Degree Crime $500 to $75,000 $15,000 2-5 Years
Second Degree Crime $75,000 or more $150,000 5-10 Years