THEFT & ROBBERY DEFENSE LAWYERS

A person can be charged with theft if he/she unlawfully takes, or exercises unlawful control over, movable property of another with purpose to deprive the other thereof.

New Jersey State related Theft related charges can include:

There is theft by unlawful taking (N.J.S.A. 2C:20-3)
Theft by deception (N.J.S.A. 2C:20-4) and theft by extortion (N.J.S.A. 2C:20-5)
Theft by unlawful taking (N.J.S.A. 2C:20-3)
Theft of Services (N.J.S.A. 2C:20-8)
Bad Checks (N.J.S.A. 2C:21-5)
Identity theft / Impersonation (N.J.S.A. 2C:21-17)
Credit Card Theft (N.J.S.A. 2C:21-6)
Uttering a forged / false document (N.J.S.A. 2C:20-1)
Receiving Stolen Property )(N.J.S.A. 2C:20-7)
Shoplifting (N.J.S.A. 2C:20-11)
Robbery (N.J.S.A. 2C:15-1)

Penalties for Theft in New Jersey Include

DP - Less than $200 Disorderly persons offense Up to 6 months in jail Up to $1,000
4th Degree - $200 to $500 Fourth-degree felony Up to 18 months in jail Up to $10,000
3rd Degree- $500 to $75,000 Third-degree felony 3 to 5 years in prison Up to $10,000
2nd Degree - More than $75,000 Second-degree felony 5 to 10 years in prison Up to $15,000

In some areas, state and federal theft laws overlap, as in embezzlement by a bank employee. When an incident can be charged by either the federal prosecutor or the state prosecutor, usually only one charge is brought. But it is possible for each prosecuting office involved to charge the case.

Penalties for Theft in New Jersey Include

Fines for a set amount or depending upon the law a formula of 3 or 4 times the amount stolen is applied;
Restitution for the property stolen;
Incarceration - varies depending upon a person’s criminal record and the specific offense charged;

A conviction for theft, even of a small amount (lass than $200), can have wide-ranging negative consequences on your life. Theft is considered a “crime of dishonesty” and a conviction will therefore affect your reputation in your community and can result in adverse immigration consequences.

PENALTIES FOR ROBERY IN NEW JERSEY

Under N.J.S.A. 2C:15-1(a), a person commits robbery if, during the course of committing a theft, they:

Use force against another person;
Threaten another person with, or purposely put them in fear of, immediate bodily injury; or
Commit or threaten to immediately commit another crime of the first or second degree.

The phrase “in the course of committing a theft” includes conduct occurring during an attempt, during the theft itself, or while fleeing after the theft.

Second-Degree Robbery (Most Common Charge)

Robbery is ordinarily charged as a crime of the second degree under N.J.S.A. 2C:15-1(b).

Penalties for Second-Degree Robbery:

5 to 10 years in New Jersey State Prison
Presumption of incarceration
Up to $150,000 in fines
Mandatory parole supervision after release

First-Degree Robbery (Aggravated Robbery)

Robbery is elevated to a crime of the first degree if the defendant:

Attempts to kill anyone;
Purposely inflicts or attempts to inflict serious bodily injury; or
Is armed with, uses, or threatens the immediate use of a deadly weapon.

Penalties for First-Degree Robbery:

10 to 20 years in New Jersey State Prison
Up to $200,000 in fines
85% parole ineligibility under the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2
Mandatory parole supervision after release

Federal Theft Charges can include:

Theft of Public Money, Property or Records 18 U.S.C. 641;
Misusing Public Funds 18 U.S.C. 648;
Theft of Interstate Conveyance (shipping container / tractor trailer etc.) 18 U.S.C. 659;
Receiving Stolen Property 18 U.S.C. 662,;
Theft by Embezzlement 18 U.S.C. 664, 665, 669;
Theft of Medical Equipment 18 U.S.C. 670;

Collateral Consequences

In addition you may be required to pay restitution for the value of the property taken. There are other collateral (non-criminal) consequences. One of the consequences is protentional deportation or removal if you are not a United States Citizen. Potential employers may refuse or terminate your employment if their business involves handling money or the use of valuable property. Your friends, family and peers may view you as unworthy of their trust. You may also loose your professional license or may never be able to obtain certain professional licenses in the future. Banks my close your accounts or refuse to open an account.

Even if you intend on accepting responsibility for this type of offence, it may be worthwhile to explore your options. The range of sentence for this type of offence is very broad. Often, good representation can lead to no criminal record. Alternatively, a probation sentence may be achieved even where the prosecution is seeking jail.

areas of practice

OUR ATTORNEYS