Receiving Stolen Property Attorney Elizabeth, NJ

Receiving Stolen Property Attorney Elizabeth, NJ

Being caught with stolen property can lead to serious legal trouble in New Jersey, even if you weren’t the one who stole it. If you’re facing charges for receiving stolen property in Elizabeth, NJ, it’s crucial to understand the complexities of this offense and secure experienced legal representation to protect your rights and freedom.

Brett M. Rosen, Esq., a dedicated criminal defense attorney with a deep understanding of New Jersey’s theft laws, is committed to providing you with the aggressive defense you need to navigate this challenging situation. He will fight tirelessly to minimize the impact of these charges on your life and help you secure the best possible outcome.

Understanding Receiving Stolen Property in New Jersey

Receiving stolen property is a form of theft under New Jersey law, defined in N.J.S.A. 2C:20-7. It involves:

• Knowingly receiving or bringing into New Jersey movable property of another: This means you must be aware that the property was stolen.
• Knowing that it has been stolen or believing that it is probably stolen: This refers to your mental state at the time you received the property.

Key Elements of the Offense:

• Stolen Property: The property must actually be stolen.
• Knowledge: You must have known or believed that the property was stolen at the time you received it.
• Control: You must have exercised some control over the stolen property, even if you didn’t physically possess it.

Grading of the Offense:

The severity of the charges depends on the value of the stolen property:

• Disorderly persons offense: If the value is less than $200.
• Fourth-degree crime: If the value is between $200 and $500.
• Third-degree crime: If the value is between $500 and $75,000.
• Second-degree crime: If the value exceeds $75,000.

Potential Penalties

The penalties for receiving stolen property can be significant:

• Disorderly persons offense:

  • Fine: Up to $1,000
  • Jail time: Up to 6 months in county jail
  • Restitution to the victim

• Fourth-degree crime:

  • Fine: Up to $10,000
  • Jail time: Up to 18 months in prison
  • Restitution

• Third-degree crime:

  • Fine: Up to $15,000
  • Jail time: 3 to 5 years in prison
  • Restitution

• Second-degree crime:

  • Fine: Up to $150,000
  • Jail time: 5 to 10 years in prison
  • Restitution

In addition to these penalties, a conviction for receiving stolen property can also result in:

• A criminal record: This can affect your ability to obtain employment, housing, or certain professional licenses.
• Immigration consequences: If you are not a U.S. citizen, a conviction can lead to deportation or other immigration problems.

Chart of Potential Penalties for Receiving Stolen Property in Elizabeth, NJ

Defenses Against Receiving Stolen Property Charges

Building a strong defense against receiving stolen property charges requires a thorough understanding of the law, meticulous investigation, and strategic legal maneuvering. Attorney Rosen will employ every available resource to protect your rights and freedom. Some potential defenses include:

• Lack of knowledge: If you can prove that you were unaware that the property was stolen, it can be a strong defense. This could involve demonstrating that you received the property from a reputable source or that you had no reason to believe it was stolen.
• Lack of control: If you can show that you did not exercise control over the stolen property, it may be a defense. This could involve arguing that you were merely a passenger in a car where the stolen property was found or that you were holding the property for someone else without knowing it was stolen.
• Insufficient evidence: The prosecution must present sufficient evidence to prove all elements of the offense beyond a reasonable doubt. Attorney Rosen can challenge the sufficiency of the evidence, arguing that there is no proof that the property was stolen or that you knew it was stolen.
• Entrapment: If you were induced or coerced into receiving stolen property by law enforcement, this could serve as a defense. This defense is often complex and requires demonstrating that you were not predisposed to commit the crime before the government’s involvement.
• Constitutional violations: If your rights were violated during the investigation or arrest, such as illegal search and seizure or lack of Miranda warnings, Attorney Rosen can file motions to suppress any evidence obtained illegally. This can significantly weaken the prosecution’s case and potentially lead to a dismissal of the charges.

FAQs About Receiving Stolen Property Charges in New Jersey

1. What should I do if I’m accused of receiving stolen property?

   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. Anything you say can be used against you, even seemingly innocent statements.

2. Can a receiving stolen property charge be downgraded in New Jersey?

   In some cases, depending on the specific circumstances and the strength of the evidence, a receiving stolen property charge may be downgraded to a lesser offense through plea negotiations or by presenting a strong defense in court. An attorney can assess the evidence and advise you on the likelihood of a downgrade.

3. Will a receiving stolen property conviction affect my immigration status?

   If you are not a U.S. citizen, a receiving stolen property conviction can have serious immigration consequences, including deportation. This is because receiving stolen property is considered a crime of moral turpitude, which can negatively impact your immigration status.

4. What is the difference between receiving stolen property and theft by unlawful taking?

   Receiving stolen property involves knowingly receiving or possessing property that has already been stolen by someone else, while theft by unlawful taking involves directly stealing the property yourself. Both offenses are serious and carry significant penalties, but the specific elements and defenses may differ.

5. What is the statute of limitations for receiving stolen property in New Jersey?

   The statute of limitations for receiving stolen property in New Jersey is typically five years for an indictable crime, meaning that you can be charged within five years of the alleged offense.

Additional FAQs

1. What if I bought something from someone and didn’t know it was stolen?

   If you can prove that you did not know the property was stolen at the time you received it, it may be a defense. However, the prosecution may argue that you should have known or had reason to suspect that the property was stolen, especially if you purchased it at a significantly lower price than its market value or from an unreliable source.

2. What if I was just holding the property for someone else?

   If you were merely holding the property for someone else and did not know it was stolen, it may be a defense. However, the prosecution may argue that you exercised control over the property and should have inquired about its origins.

3. What if I found stolen property and turned it over to the police?

   Turning over stolen property to the police is generally a positive action and may be considered a mitigating factor in your case. However, it does not automatically absolve you of any potential charges if you exercised control over the property before turning it in.

4. How can a criminal defense attorney help me if I’m facing a receiving stolen property charge?

   An experienced attorney like Brett M. Rosen, Esq., can:

   • Thoroughly investigate the circumstances of the alleged receiving stolen property
   • Identify and interview potential witnesses
   • Analyze the evidence against you and challenge its admissibility if necessary
   • Negotiate with the prosecutor for a reduced charge or alternative sentencing
   • Provide a strong and strategic defense at trial

Don’t Face a Receiving Stolen Property Charge in Elizabeth, NJ Alone!

A receiving stolen property charge is a serious matter that can have lasting consequences for your life and future. Don’t face these charges alone. Contact Brett M. Rosen, Esq., today for a free consultation. He will provide you with the experienced and dedicated representation you need to protect your rights and achieve the best possible outcome. He’s certified by the Supreme Court of New Jersey as a Criminal Trial Attorney, a distinction that less than 1% of attorneys in New Jersey hold. He’s been interviewed by Fox Live Now and NTD News, as well as quoted by Fox News and Arabian Business. Let a highly-credentialed and experienced criminal defense attorney defend you. 

908-312-0368 & brett@nynjcriminalcivilesq.com