New Jersey has a separate charge for actually receiving or buying stolen property that you reasonable believe may be stolen. The state has implemented this law to help combat criminals from committing more serious offenses such as Burglary, Credit Card Fraud, Theft, and Robbery. This is because the alleged stolen property in question is normally from the proceeds of these criminal acts. The New Jersey state legislature has purposely used broad language to define the acts included in the receiving stolen property statute in order to cast a broad net over various actions. For obvious reasons, this can often lead to challenging situations when it comes to the actual knowledge and intent of the defendant. Moreover, this broad interpretation can often lead to people being wrongly charged and legal complications with the proofs can be prevalent. An experienced criminal attorney can help you navigate the court system and challenge and pinpoint weaknesses in the state’s case against you to resolve your charges as a downgrade, remand or even a dismissal altogether. At Proetta & Oliver we have successfully represented clients against thousands of different criminal charges throughout New Jersey including receiving stolen property. We represent clients for receiving stolen property in Newark, Montclair, Jersey City, North Bergen, Bloomfield, Secaucus, Bayonne, and Hoboken. If you would like to discuss the details of your case in further detail, then contact us at (201) 793-8018 for a free consultation with an experienced criminal attorney or to schedule an appointment at our Jersey City office.
2C:20-7 New Jersey Receiving Stolen Property Law
We have listed the New Jersey statute for receiving stolen property in text below, in pertinent part, for your convenience.
§ 2C:20-7 Receiving Stolen Property
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.
Below we have clearly listed the penalties and grading for different degrees of receiving stolen property. Similar to other crimes of theft, the guidelines for grading the seriousness of such crimes is found under the New Jersey statute 2C:20-11 and are as follows.
Disorderly Persons Offense – if the property is less than $200; punishably by up to 6 months in county jail.
4th Degree – if the property is valued at $200.00 – $500.00; punishable by up to 18 months in state prison.
3rd Degree – if the property is valued at between $500 and $75,000; punishable by up 3 – 5 years in prison.
2nd Degree – if the property is valued at more than $75,000; punishable by 5 – 10 years in prison with a presumption of incarceration.
Receiving Stolen Property Attorney in Jersey City
As stated in the above statute, in order to prove that a defendant is guilty of receiving stolen property the state must show that the defendant knowingly received or transported property of another and they knew or should have known that the property had been stolen. The state can infer that a reasonable person should have known the property was stolen by a multitude of factors such as the condition you received the property in, the price you purchased it for and the person you bought it from. Normally, the state will choose to prosecute cases which involve property worth several hundred dollars because the loss/damage to the victim has to be substantial and these charges can be difficult to prove. That is why it is common to see third degree receiving stolen property cases which involve more than $500 worth of stolen parts or merchandise. Our lawyers have extensive experience in handling receiving stolen property and theft cases and we are often able to work with the prosecution to effectuate a downgrade, remand, or even a dismissal altogether. Another option which we will normally pursue depending on the circumstances is securing our client’s admittance into a diversion program such as Pre-Trial Intervention. Successful completion of a diversion program will also allow you to have all your charges dismissed. We represent clients charged with the theft and receiving stolen property throughout New Jersey including Harrison, East Orange, Weehawken, Belleville, Irvington, West New York, and Nutley. If you are interested in learning more about potential defenses to your charges, then contact our office at (201) 793-8018 to schedule a free consultation with an experienced criminal lawyer today. Remember our phones are answered 24/7 so do not hesitate to call today.
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