Theft Charges Attorney Fort Lee, NJ

Theft Charges Attorney Fort Lee, NJ

Have you been arrested or charged with theft in Fort Lee, New Jersey? Theft offenses, regardless of the amount involved, are taken seriously in New Jersey, with potential penalties that can significantly impact your life. Whether you’re facing accusations of shoplifting, fraud, or any other form of theft, you need an experienced and skilled legal advocate to protect your rights and fight for the best possible outcome.

Brett M. Rosen, Esq., is a leading criminal defense lawyer in New Jersey with a proven track record of success in defending clients against theft charges in Fort Lee and throughout Bergen County. He’s certified by the Supreme Court of New Jersey as a Criminal Trial Attorney. This distinction is held by approximately less than 1% of attorneys in New Jersey. We understand the complexities of New Jersey’s theft laws, the nuances of the local court system, and the aggressive tactics employed by prosecutors. Our unwavering commitment to our clients, combined with our aggressive advocacy, sets us apart as the go-to choice for those facing theft charges in Fort Lee.

Understanding Theft Charges in New Jersey

Theft, as defined under New Jersey law (N.J.S.A. 2C:20-2), involves unlawfully taking property from another person or entity with the intent to permanently deprive the owner of its use or benefit. Theft encompasses a wide range of offenses, each with its own set of elements and potential penalties.

Common Theft Charges in Fort Lee, NJ

• Shoplifting (N.J.S.A. 2C:20-11): The unauthorized taking of merchandise from a retail store, including concealing items, altering price tags, or switching containers.
• Theft by Deception (N.J.S.A. 2C:20-4): Obtaining property through fraud, trickery, or deceit. This can include scams, false pretenses, or using bad checks.
• Theft by Unlawful Taking (N.J.S.A. 2C:20-3): Physically taking or exercising control over property without the owner’s permission.
• Receiving Stolen Property (N.J.S.A. 2C:20-7): Knowingly receiving, possessing, or disposing of stolen property.
• Theft of Services (N.J.S.A. 2C:20-8): Obtaining services without paying the proper compensation, such as leaving a restaurant without paying or tampering with utility meters.
• Embezzlement (N.J.S.A. 2C:21-1): Misappropriating funds or property entrusted to you by another person or entity, such as an employer or business partner.
• Theft by Extortion (N.J.S.A. 2C:20-5): Obtaining property by threatening physical harm, property damage, or other forms of coercion.
• Identity Theft (N.J.S.A. 2C:21-17): Using another person’s personal information (e.g., name, social security number, credit card information) without their authorization to obtain goods or services or commit fraud.

Grading of Theft Offenses in New Jersey

The severity of a theft charge in New Jersey is determined by the value of the property stolen:

• Disorderly Persons Offense: Theft of property valued under $200. This is the least severe charge.
• Fourth-Degree Crime: Theft of property valued between $200 and $500.
• Third-Degree Crime: Theft of property valued between $500 and $75,000.
• Second-Degree Crime: Theft of property valued at $75,000 or more. This is the most serious theft charge.

The Stakes are High: Penalties for Theft Crimes in Fort Lee, NJ

A theft conviction in Fort Lee can result in severe penalties, depending on the degree of the crime and any aggravating factors involved:

• Jail or Prison Time:

  • Disorderly Persons Offense: Up to six months in the county jail.
  • Fourth-Degree Crime: Up to 18 months in prison.
  • Third-Degree Crime: 3 to 5 years in prison.
  • Second-Degree Crime: 5 to 10 years in prison.

• Fines:

  • Disorderly Persons Offense: Up to $1,000.
  • Fourth-Degree Crime: Up to $10,000.
  • Third-Degree Crime: Up to $15,000.
  • Second-Degree Crime: Up to $150,000.

• Restitution: You may be required to pay back the victim for the value of the stolen property or services.

• Probation: You may be placed on probation, which can include conditions such as community service, counseling, or drug testing.

• Criminal Record: A theft conviction, regardless of the degree, will result in a permanent criminal record. This can impact your ability to find employment, obtain housing, and other opportunities.

How Brett M. Rosen, Esq. Can Defend You Against Theft Charges

At Brett M. Rosen, Esq., we have a proven track record of successfully defending clients against theft charges in Fort Lee and throughout Bergen County. Our experienced attorneys will:

• Conduct a Thorough Investigation: We will carefully examine all evidence against you, including witness statements, surveillance footage, police reports, and any other relevant information.
• Challenge the Prosecution’s Case: We will scrutinize the evidence for weaknesses, inconsistencies, and procedural errors. We will explore all legal options to challenge the prosecution’s case and ensure your rights are protected.
• Develop a Strong Defense Strategy: We will tailor a defense strategy to your unique circumstances, exploring all available legal options.
• Negotiate with Prosecutors: We will work with the prosecution to seek reduced charges, dismissal of the case, or alternative sentencing options like probation or community service.
• Provide Skilled Courtroom Representation: If your case goes to trial, we will provide experienced and aggressive representation in court. We will fight for your rights, cross-examine witnesses, and present a compelling case in your defense.

Potential Defenses Against Theft Charges

The specific defense strategy for your case will depend on the unique facts and circumstances. However, some common defenses against theft charges include:

• Lack of Intent: We can argue that you did not intend to steal the property. This may involve demonstrating that you believed you had a right to the property, that you mistakenly took the wrong item, or that you intended to return the property later.
• Consent: If you had permission from the owner to take the property, this can be a complete defense to theft charges.
• Duress or Coercion: If you were forced or coerced into committing the theft due to threats or violence, this may be a valid defense.
• Intoxication: While voluntary intoxication is not a defense to theft, it may be relevant in certain situations, such as if it impaired your ability to form the required intent.
• Insufficient Evidence: If the prosecution’s evidence is weak, contradictory, or unreliable, we can challenge the sufficiency of the evidence and argue for dismissal of the charges.
• Illegal Search and Seizure: If law enforcement violated your Fourth Amendment rights against illegal search and seizure, any evidence obtained may be inadmissible in court.
• Mistake of Fact: If you honestly and reasonably believed something that would negate an element of the crime, this may be a defense. For example, if you mistakenly believed you were purchasing a legitimate item but later discovered it was stolen.

Frequently Asked Questions About Theft Charges in Fort Lee, NJ

1. What should I do if I am accused of theft in Fort Lee, New Jersey? The most important thing is to remain silent and immediately contact an experienced criminal defense attorney like Brett M. Rosen, Esq. Do not speak to the police or anyone else about the incident without legal counsel present.
2. Can a theft charge be expunged from my record in New Jersey? In some cases, certain theft offenses may be eligible for expungement after a waiting period, depending on the specific offense and your criminal history. An attorney can help you determine your eligibility for expungement.
3. Will a theft conviction affect my employment? Yes, a theft conviction can have a significant impact on your employment prospects, particularly in jobs that require handling money or sensitive information. It can also affect your current employment, depending on your employer’s policies.
4. What is the difference between robbery and theft? Robbery involves the use of force or threat of force to take property, while theft does not. Theft is generally a less serious offense than robbery.
5. What is the difference between misdemeanor theft and felony theft in New Jersey? The value of the stolen property determines whether a theft offense is a misdemeanor or a felony. Theft of property valued at less than $200 is a disorderly persons offense (misdemeanor), while theft of property valued at $200 or more is considered a felony.
6. What is the statute of limitations for theft in New Jersey? The statute of limitations for theft in New Jersey is generally one year for disorderly persons offenses and five years for indictable offenses (felonies).
7. What if I was falsely accused of theft? If you have been wrongly accused of theft, it’s imperative to seek legal counsel immediately. We understand how damaging false accusations can be and will work diligently to investigate the circumstances, gather evidence to support your innocence, and present a strong defense to clear your name.
8. Can I still be charged with theft if I returned the property? Returning stolen property does not automatically absolve you of criminal charges. While it may be considered a mitigating factor that could potentially reduce the severity of the charges or penalties, it’s not a guaranteed defense. An attorney can advise you on the best course of action if you have returned the stolen property.
9. What if I was pressured or coerced into committing theft? If you were coerced or threatened into committing theft, you may have a defense based on duress or coercion. This defense requires proving that you were under immediate threat of harm and had no reasonable alternative but to commit the theft.
10. What is the difference between theft by unlawful taking and theft by deception? Theft by unlawful taking involves physically taking property without the owner’s permission, while theft by deception involves obtaining property through fraud, trickery, or deceit. Both are considered theft offenses, but the specific elements and potential penalties may vary.
11. Can I be charged with receiving stolen property if I didn’t know it was stolen? To be convicted of receiving stolen property, the prosecution must prove that you knew or had reason to believe that the property was stolen. If you can show that you were unaware of the property’s stolen nature, you may have a valid defense.
12. What are the consequences of a theft conviction on my immigration status? If you are not a U.S. citizen, a theft conviction can have serious immigration consequences, including deportation or denial of naturalization. The severity of the consequences depends on the nature of the offense and your immigration history.
13. What is the difference between petty theft and grand theft in New Jersey? In New Jersey, the term “petty theft” refers to theft of property valued under $200, which is classified as a disorderly persons offense. “Grand theft” refers to theft of property valued at $200 or more, which is classified as a felony with varying degrees based on the value of the stolen property.
14. Can I get a diversionary program for a theft offense? In some cases, first-time offenders charged with theft may be eligible for diversionary programs like Pretrial Intervention (PTI). Successful completion of PTI can result in the dismissal of charges and avoiding a criminal record.
15. What are the consequences of a shoplifting conviction? The consequences of a shoplifting conviction depend on the value of the stolen merchandise, ranging from fines and probation for petty theft to jail time and a criminal record for more significant amounts. Additionally, stores may ban you from their premises and pursue civil action for damages.
16. Can I represent myself in court for a theft charge? While you have the right to represent yourself, it’s strongly recommended to hire an experienced attorney. Theft cases can be complex, and having a knowledgeable advocate on your side can significantly improve your chances of a favorable outcome.
17. How can an attorney help me with a theft charge? An attorney can help you understand the charges against you, investigate the evidence, explore all potential defenses, negotiate with the prosecutor, and represent you in court if necessary. They will advocate for your rights and work to minimize the impact of the charges on your life.

Don’t Let a Theft Charge in Fort Lee, NJ Define Your Future – Contact Brett M. Rosen, Esq. Today

If you are facing theft charges in Fort Lee, New Jersey, don’t let fear or uncertainty hold you back from seeking the legal representation you need. Brett M. Rosen, Esq. is committed to providing you with the compassionate support, experienced guidance, and aggressive advocacy you need during this difficult time. We will fight tirelessly to protect your rights, reputation, and secure the best possible outcome for your case.

Call us today at 908-312-0368 or email us at brett@nynjcriminalcivilesq.com for a free and confidential consultation.