New Jersey Receiving Stolen Property Defense Lawyer
When your liberty is at stake, you need an experienced criminal attorney in your corner every step of the way. Individuals charged with receiving stolen property in New Jersey face significant penalties, including a possible prison sentence. If you were arrested arrested and received a summons for receiving stolen property, you should absolutely consult an experienced criminal lawyer if you want to avoid a conviction and penalties. Our defense attorneys have what it takes to help you achieve a favorable result to your NJ receiving stolen property charge.
We are Marshall Criminal Defense, a highly respect firm with impressive qualification to defend you. Our team can offer you:
- 13 lawyers who limit their practices exclusively to criminal defense
- Over 200 years of combined experience defending theft related crimes in Monmouth County, Hudson County, Union County, Middlesex County, Ocean County, Somerset County, Monmouth County, Essex County, Mercer County, Bergen County, and elsewhere in the state
- Former County & Municipal Prosecutors who have served in key positions like Director of Major Crimes, Economic Crimes, Guns Task Force, Juvenile and even an entire Trial Division
- Certified Criminal Trial Attorneys
- Decades of success representing clients charged with receiving stolen property
Whether it is your first offense, second offense, or a third or subsequent offense, you need the best possible lawyer to handle your case and the attorneys at our law firm are well equipped to serve you. Contact us today for a free consultation with a lawyer who is ready to help you.
New Jersey Receiving Stolen Property Law
The law is set forth at N.J.S.A. 2C:20-7 and provides:
a. Receiving. A person is guilty of theft if he knowingly receives or brings into this state movable 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 lending on the security of the property.
b. Presumption of knowledge. The requisite knowledge or belief is presumed in the case of a person who:
- 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.
A defendant is guilty of receiving stolen property if “he knowingly receives or brings into this State movable property of another knowing that it has been stolen, or believing that it is probably stolen.” Therefore, if you were to accept a car as a “gift” from your friend, who tells you as he hands you the keys that he got a “five finger discount” on this one, the judge or jury would likely surmise that you were aware that the car was stolen when you drove off. The key component of the receiving stolen property statute is actual or constructive knowledge that the item(s) was stolen. If a defendant innocently receives/acquires property, not knowing that the property is stolen, she may not be convicted under this statute, even if she later realizes that the property was in fact stolen.
Scenarios Where Knowledge Is Presumed. There are four (4) situations set forth in 2C:20-7 where there is an inference that the property was stolen. A defendant is presumed to know an item is stolen where he or she:
- Is found in possession or control of two or more items of property stolen on two or more separate occasions;
- Received stolen property in another transaction within the year preceding the transaction charged;
- Is a person in the business of buying or selling property of the sort received, and acquired 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;
- Is found in possession of two or more defaced access devices; and
- Is found in possession of property of a cargo carrier without proper documentation or other evidence of right to possession.
If you have been arrested for a disorderly persons offense, fourth degree crime, third degree crime or second degree crime for receiving stolen property, you need the assistance of an experienced criminal defense attorney whether a presumption applies or not.
Defenses To New Jersey Receiving Stolen Property Charges
Various defenses may be employed against the charge of receiving stolen property in New Jersey. Common defense to this offense include:
- Lack of knowledge when the property was received that it was stolen
- Intent to return the property to its right rightful owner
- Property as never stolen (e.g. abandoned, gifted, etc.)
- Insufficient evidence to prove the elements of proof
- Improper search or seizure of the property by the police
A lawyer on our team is prepared to conduct a thorough review of the facts of your case and to discuss all potential defenses to the charge.
Grading of Receiving Stolen Property Offenses in New Jersey
It is important to note that receiving stolen property, like many other theft offenses, is subject to gradation in terms of penalties. Grading differences are primarily determined by the amount of loss involved, and the defendant will be penalized accordingly. If the full retail value of the items stolen is $75,000 or more, the offense results in a second-degree crime. It is a third-degree crime if the value of the property is between $500 and $75,000. If the value involved is between $200 and $500, it is fourth-degree crime. If the goods are worth less than $200, a disorderly person offense has been committed.
Penalties for Receiving Stolen Property
The following are the potential sentences for receiving stolen property:
- Second Degree Receiving Stolen Property. If convicted of second degree receiving stolen property, you may be sentenced to five to ten years in prison, a fine of more than $150,000, or both.
- Third Degree Receiving Stolen Property. f convicted of third-degree receiving stolen property, you may be sentenced to three to five years in prison, a fine of more than $15,000, or both.
- Fourth-Degree Receiving Stolen Property. If convicted of fourth-degree receiving stolen property, you may be sentenced to not more than eighteen months in prison, a fine of $200, or both.
- Disorderly Person Receiving Stolen Property. If convicted of receiving stolen property valued less than $200, it is considered a “disorderly person” crime, a misdemeanor, and you may be sentenced to not more than six months in prison, a fine of more than $100, or both.
If you are charged with receiving stolen property in New Jersey, contact an experienced and highly knowledgeable attorney right away, such as those at Marshall Criminal Defense. They will analyze your case, discuss your options and come up with a plan of attack.
Contact Our NJ Receiving Stolen Property Attorneys For Immediate Assistance
If you have been arrested or charged with receiving stolen property and are in need of a lawyer, please do not hesitate to contact our criminal defense law firm with any questions and an attorney with our office will be happy to assist you. We handle these cases anywhere in New Jersey including Union County, Middlesex County, Monmouth County, Ocean County, Somerset County, Essex County, Hudson County and Mercer County. An arrest for this theft offense does not have to end badly. A lawyer from our office is available to speak to you and/or meet with you free of charge for an initial consultation.
Receiving Stolen Property
Is Receiving Stolen Property A Felony?
A charge for receiving stolen property can be a misdemeanor (i.e. disorderly persons offense) or felony (i.e. second degree, third degree or fourth degree crime). It is important to obtain the services of an experienced attorney to avoid a conviction as result of a successful application for PTI, persuasive negotiations to downgrade the offense, presentation of effective defenses and other avenues.
Can I Obtain Pretrial Intervention (“PTI”) For A Receiving Stolen Property Charge?
New Jersey has a diversionary program that allows an individual to avoid a criminal conviction for fourth, third or even second degree crimes such as receiving stolen property. The program is referred to as Pretrial Intervention or PTI. An individual is eligible for PTI if they have never taken PTI, conditional discharge or conditional dismissal, previously. A second degree crime can only be resolved through Pretrial Intervention if the prosecutor consents to admission since offenses falling within this grade are typically ineligible.
What Is A “Defaced Access Device” In New Jersey?
New Jersey law defines “access device” and “defaced access device.” An access device is a card or code that contains a number that can be used to access a computer network, telephone service, or electronic financial accounts. Examples of access devices include: credit cards, account numbers, electronic serial numbers, and personal ID numbers.
A defaced access device is an access device (including an original or a copy) that has been removed, covered, destroyed, or otherwise changed. Examples of defaced access devices include: a credit card where the cardholder’s name has been changed, or an electronic device with the serial number filed off.
How Is Receiving Defined?
In the context of receiving stolen property in New Jersey, “receiving” refers to gaining physical possession of the property, control over the property, or acquiring title to the property. It also includes securing a loan while using the stolen property as security or collateral.
