Receiving Stolen Property Attorney in Hudson County, NJ
The offense of receiving stolen property is one of those offenses that can become extremely difficult for the prosecution to prove beyond a reasonable doubt. As you will read below, the prosecution has the burden of proving that the defendant knew or should have know that items in questions were stolen. The team of Jersey City, New Jersey receiving stolen property lawyers at the Law Office of Jonathan F. Marshall will aggressively fight to defend your rights. Our team of criminal defense lawyers has been defending individuals charged with receiving stolen property, endangering the welfare of a child, theft, burglary, robbery and assault, in towns like Bayonne, Union City, West New York, Hoboken and North Bergen for over fifteen years. The governing statute in New Jersey for receiving stolen property is N.J.S.A. 2C:20-7. If convicted, a defendant could be sentence up to ten years in a state prison, fined up to $150,000, ordered to pay full restitution and a felony criminal record. The attorneys at the Law Office of Jonathan F. Marshall has over 100 years of combined experience on staff, including over 25 years of prior prosecuting experience. If you or someone you know has been charged with receiving stolen property in Hudson County, New Jersey and would like a free initial consultation with any one of our criminal defense lawyers on staff, please contact Jersey City office directly at (201) 309-1800. Here is some important information on receiving stolen property, including the potential penalties if convicted.
Receiving Stolen Property Lawyers in Jersey City, NJ
Receiving Stolen Property: N.J.S.A. 2C:20-7
As previously stated, the governing statute in New Jersey for receiving stolen property is N.J.S.A. 2C:20-7. N.J.S.A. 2C:20-7 states:
A person is guilty of theft if he knowingly receives or brings into this State moveable property of another knowing that it has been stolen, or believing that it is probably stolen. It is an affirmative defense that the property was received with purpose to restore it to the owner. “Receiving” means acquiring possession, control or title, or leading on the security of the property.
Presumptions pursuant to N.J.S.A. 2C:7b:
- Is found in possession or control of two or more items of property stolen on two or more separate occasions; or
- Has received stolen property in another transaction within the year preceding the transaction charged; or
- Being a person in the business of buying or selling property of the sort received, acquires the property without having ascertained by reasonable inquiry that the person from whom he obtained it had a legal right to possess and dispose of it; or
- Is found in possession of two or more defaced access devices; or
- Is found in possession of property of a cargo carrier without proper documentation or other evidence of right to possession.
What is the jail time if convicted of Receiving Stolen Property in NJ?
The degree of receiving stolen property that a defendant is charged with in New Jersey will depend directly on the dollar value of the property in question, just like every other theft offense. Here is the breakdown:
- Disorderly Persons Offense: Property is valued less than $200
- Up to 6 Months in Jail & $1,000 Fine
- 4th Degree Felony: Property is valued at more than $200 but less than $500
- Up to 18 Months in Prison & $10,000 Fine
- 3rd Degree Felony: Property is valued at more than $500 but less than $75,000
- Up to 5 Years in Prison & $15,000 Fine
- 2nd Degree Felony: Property is valued at more than $75,000
- Up to 10 Years in Prison & $150,000 Fine
Jersey City, NJ Receiving Stolen Property Defense Attorneys
A defendant convicted of receiving stolen properly in New Jersey could be facing life changing consequences depending on the degree in which they are charged with. As previously stated and as you can see from the statute, the prosecution has the burden of proving that the defendant knew or should have known that the property in question was stolen. If you have been charged with robbery, burglary, theft of moveable property or receiving stolen property in Hudson County, NJ, it is imperative that you speak to an experienced Jersey City theft defense lawyer immediately. The team of Hudson County, NJ theft lawyers at the Law Office of Jonathan F. Marshall is prepared to vigorously fight to protect your freedom. We have been defending individuals charged with theft crimes, in towns like Harrison, Hoboken, Union City, North Bergen, Secaucus, Jersey City and West New York for over fifteen years. If you would like a free initial with any one of our eight criminal defense attorneys on staff at the Law Office of Jonathan F. Marshall please contact our Jersey City office directly at (201) 309-1800.