Former Prosecutors With Over 200 Years Combined Experience Defending Theft Charges Arising In North Bergen New Jersey
There are many theft offenses in New Jersey that someone can face in North Bergen. Common charges of this nature are shoplifting, theft by deception, burglary, credit card theft and receiving stolen property. Regardless of the precise violation in your case, failure to secure an acquittal can result in your being incarcerated, fined and your being left with a criminal record that can impact your ability to secure employment, a professional license or citizenship. Representation by an experienced criminal lawyer can make all the difference in a North Bergen theft case.
The Law Offices of Jonathan F. Marshall has assembled a team of accomplished attorneys that have exactly what is needed to secure a dismissal or downgrade of your charge. We can provide you with:
- Over 200 years of combined experience successfully defending individuals at the North Bergen Municipal Court and Hudson County Superior Court
- 10 lawyers that handle nothing but criminal defense
- Former county prosecutors that have served as Directors of Major Crimes, Economic Crimes, Drug Task Force, Juvenile and an entire Trial Division
- Certified criminal trial attorneys
If you were charged with a North Bergen theft offense and want to speak to a highly seasoned attorney about in a free consultation, call (201) 309-0500. A lawyer is available 24/7 to provide the sound legal guidance you need.
North Bergen Theft Charges
The most common theft offense involves taking or exercising control over the property of another party without the owner’s permission or consent. N.J.S.A. 2C:20-3(a) makes intent to deprive the owner of the property an element of the offense.
It is important to keep in mind that an arrest and being charged with a theft offense does not mean you have been convicted of the offense. The prosecution has the burden of producing evidence to prove you committed each element of the offense as it is defined under New Jersey law. As your defense attorneys, we use legal defenses in an innovative fashion to effectively attack the prosecutor’s version of the incident and challenge the ability of the state to prove the elements of the offense.
Theft offense prosecutions frequently rely upon evidence obtained through police searches or statements you made when questioned by the police. Evidence obtained through improper searches and seizures or through interrogations that violate your constitutional rights can be attacked through motions to suppress evidence that may cause a judge to prevent the prosecution from using the evidence or statements to prove its allegations against you.
Grading of a Theft Offense
A key factor in terms of the severity of most 2C theft charges is the value of the property stolen. For instance, it is a disorderly persons offense, which is equivalent to a misdemeanor, to take property valued at less than $200. However, if the property taken has a value of $200 to $500, the offense is a crime of the fourth degree, which is a felony. Receiving stolen property, writing a bad check, theft by deception and other charges of this nature are a second degree crime where the value of the money or property involved is at least $500 but less than $75,000. When property has a value of $75,000 or more, the theft is a second degree crime.
Some theft offenses, such as credit card theft, auto theft, robbery, burglary and identity theft, are graded based on factors other than value of property. For example, credit card theft and auto theft offenses are crimes of the third degree regardless of the value of the property. Burglary is normally a third degree crime but escalates to a second degree crime if the actor is armed or threats, attempts to inflicts harm on an occupant of the structure. Robbery starts as a second degree crime but is enhanced to a first degree crime if the actor is armed, inflicts serious bodily injury or threats use of a deadly weapon.
Penalties for Theft Offense
The grade of a theft offense determines the penalties you face if convicted. The following are some of the penalties a judge may impose at sentencing based on the grade of the offense:
- Five to 10 years in prison and a fine not exceeding $150,000 upon conviction of a crime of the second degree.
- Up to five years in prison and a fine as high as $15,000 upon conviction of a crime of the third degree.
- Eighteen months in prison and a fine up to $10,000 upon conviction of a crime of the fourth degree.
- Up to six months in jail and a fine of as much as $1,000 upon conviction of a disorderly persons offense.
The ultimate goals of our defense strategy are to avoid a conviction and the harsh penalties and stigma of a permanent criminal record associated with it. Attacking the evidence and challenging prosecution witnesses through cross-examination to win an acquittal after trial is only one of the methods we use when representing you. We also look for diversion programs that allow you to avoid the penalties and consequences of a conviction and discuss the programs and their eligibility requirements with you.
North Bergen Theft Offense Attorney
A lawyer from the Law Offices of Jonathan F. Marshall is someone you can count upon as a trusted advocate committed to obtaining a favorable result through an aggressive and innovative defense. Call us now at (201) 309-0500 for a free initial consultation with one of our criminal defense attorneys. Someone is available to speak with you 24 hours a day and 365 days a year.
