Theft of any Prescription Blank Pad is a Third Degree Crime under N. 2C:20-2b(2)(j) or Drugs under N. 2C:20-2(b)(2)(c). The degree of the charge depends on the dollar value of the property involved. After all, we've already looked at just how rough the punishments for theft are. Our defense attorneys argued that police failed to identify I. as the driver of the vehicle. In this regard, it is important to remember that possession can be actual or constructive. New Jersey may have more current or accurate information. Felony theft of the first degree involves stolen property worth $500, 000 or more or, in the case of theft by receiving stolen property, the property received, retained, or disposed of is a firearm and the receiver is in the business of buying or selling stolen property. Offense grading and penalties for theft by unlawful taking or disposition. The law that comes into play in every Mercer County theft by unlawful taking offense is N. J. S. A. As with most criminal charges, you should not talk to the police or prosecutors without your attorney by your side. My name is Anthony N. Palumbo, New Jersey Theft Defense Lawyer, and if you have been charged or received a criminal complaint for Theft by Unlawful Taking in Union County, Middlesex County, Monmouth County, Essex County or throughout New Jersey, I will defend your charge. Theft by unlawful taking is a Class A misdemeanor in Kentucky, unless: - The theft is of a firearm, in which case it is a Class D felony. In other words, the prosecutor can sum up the amounts associated with a number of thefts if he or she believes that you are responsible for each of them.
A skilled criminal lawyer is going to be your best tool for avoiding a record and associated penalties irrespective of which venue your case will be heard. I've Been Charged With Theft, Can You Help? How a PA Theft Attorney Will Help. Besides theft by unlawful taking, if you knowingly take the property of another, there are other crimes you can be charged with. Theft by unlawful taking is simply the taking of the property of another with the intent to deprive them of the property.
We have fought many of these cases at trial, in pre-trial motions, and in preliminary hearings. Your attorney can talk to you about whether you might be eligible for this type of program in your case. Theft by Unlawful Taking is often charged along with Receiving Stolen Property, and the two offenses merge at sentencing if the defendant is convicted of both criminal offenses. Our criminal defense attorneys recognize that even misdemeanor and summary offenses can have significant consequences for the defendant. A person can still violate this section even if he has not taken or removed property so long as control is exercised over the property. He or she will be with you to fight any case every step of the way. 1675 Whitehorse Mercerville Road, Suite 206, Hamilton, NJ 08619. If you would like us to examine your case, please call Lampman Law at 570-371-3737 to personally discuss the matter with us.
How an Attorney Can Help. Let's break down a few of these terms further. Legislative Reports. The grading of this offense is similar to that discussed above for the offense of receiving stolen property, as are the penalties. If the police question you, tell them you want a lawyer and politely refuse to answer their questions. Only an experienced New Jersey theft crimes defense attorney can tell you whether or not a prosecutor can establish your guilt of the charged theft offense beyond a reasonable doubt, as well as the penalties that may apply in your case. A person commits theft by unlawfully taking, transferring, or exercising control over another's movable or immovable property, with the intent of depriving the owner of their property or using the property to benefit oneself or another who's not entitled to it. Fourth, the defendant must have acted with the purpose of benefiting himself or another person who was not entitled to that interest. Most theft cases are for movable property, but this isn't always the case. Legislation Quick Search. The Tormey Law Firm is an experienced group of Morris County criminal defense lawyers who have extensive experience representing clients charged with theft and fraud offenses, including theft of movable property, receiving stolen property, and shoplifting in Dover, Mount Olive, Denville, Parsippany, Rockaway, Morristown, and throughout Morris County. One of the best things you can do is to hire an experienced lawyer.
As former prosecutors, Ferro brings experience to courtroom unlike any other law firm in the area. Theft by unlawful taking is a person to person crime, not a person to institution fine. They will usually make you plead guilty to a theft count or a Receiving stolen property count. If you take Johnnys cellphone and keep it, or even try to sell it, you are committing theft by unlawful taking. Consolidated Statutes.
Thus, if a ring valued at $60, 000 is stolen, and a necklace worth $16, 000 is also stolen by the same individual, the defendant can be charged with a 2nd degree crime because together the items add up to over $75, 000. Disorderly Person's Theft: If you are convicted of taking less than $200 dollars in value of property, from another, without permission to do so, then you are guilty of a disorderly person's offense. If you steal items from a store, you will be charged with retail theft instead of unlawful taking.
Our staff includes eight highly knowledge defense lawyers and former prosecutors that possess over 100 years of combined practice experience. Property can be anything of value, including real estate, tangible and intangible personal property, contract rights, captured or domestic animals, and food and drink. One is guilty of a retail theft if he does one of the following: - takes possession, carries away, transfers or causes to be carried away or transferred, any merchandise displayed, held, stored or offered for sale by any store or retail establishment with the intention of depriving the merchant of the possession without paying the full retail value. A disorderly persons offense for theft under N. 2C:20-3 can result in up to six (6) months in the county River NJ Theft Defense Attorney. Often, however, burglary cases can be argued down to theft or theft can be upgraded to burglary, depending on the details of the case. One potential defense to this type of crime is insufficient evidence. Steps To Take If You Have Been Charged. This could effect so many things in life and, many times, its really necessary as sound legal guidance from an experienced criminal attorney can result in no conviction. Severity of Pennsylvania Theft Charges. Reach out today for a consultation to see how R. Davis Younts, Esq., can help today. For example, the Offense Gravity Score for stealing a car is 6 points, but the Offense Gravity Score for stealing property worth $1, 000 is only 3 points.