New Jersey Theft by Extortion: Understanding the Charge and Protecting Your Rights
Theft by Extortion Attorney in Elizabeth, New Jersey
Being accused of theft by extortion in New Jersey can be a frightening experience. The potential consequences, including prison time, fines, and a damaged reputation, are severe. You or your loved one can also face charges of burglary, theft by deception, or theft of services depending on the facts of the case. This page provides a comprehensive overview of New Jersey’s theft by extortion laws and how our experienced New Jersey criminal defense attorneys at Brett M. Rosen, Esq. can help you navigate these charges.
Retaining Brett M. Rosen as your defense attorney for a theft by extortion charge in New Jersey is a strategic decision. Rosen’s certification by the Supreme Court of New Jersey as a Criminal Trial Attorney signifies his expertise in criminal law. His proven track record of favorable outcomes, including acquittals and dismissals, demonstrates his ability to handle complex cases effectively. With his methodical and assertive cross-examination skills, he can challenge the prosecution’s case, providing you with a robust defense. Moreover, theft by extortion is a serious offense in New Jersey, potentially carrying severe penalties. Rosen’s experience and dedication to his clients’ rights make him an invaluable ally in navigating the legal system and fighting for the best possible outcome in your case.
What is Theft by Extortion in New Jersey?
Theft by extortion, as defined by N.J.S.A. 2C:20-5, is the act of unlawfully obtaining property from another person through threats. The threats can be verbal or implied, and they can target the victim, their family, or their property.
Elements of Theft by Extortion:
For a conviction of theft by extortion, the prosecution must prove the following elements:
- The accused obtained property: This could be money, goods, services, or anything of value.
- The property was obtained from another person: The victim must be a distinct individual or entity.
- The property was obtained unlawfully: The accused must have used coercion or threats to obtain the property.
- The accused’s threats were purposeful: The accused must have intended to use threats to obtain the property.
Types of Threats in Theft by Extortion:
New Jersey law recognizes various threats that can constitute extortion:
- Bodily Harm: Threatening to inflict physical injury on the victim or someone close to them.
- Restraint: Threatening to physically confine or restrain the victim.
- Criminal Offense: Threatening to commit a crime against the victim or someone close to them.
- Accusation of a Crime: Threatening to falsely accuse the victim of a crime.
- Exposure of Secrets: Threatening to reveal embarrassing or damaging information about the victim.
Penalties for Theft by Extortion in New Jersey:
Theft by extortion is charged as a second-degree crime in New Jersey. This carries potential penalties of:
- 5-10 years in prison
- Fines of up to $150,000
- Restitution to the victim
New Jersey Theft by Extortion Defenses: Protecting Your Rights
Facing theft by extortion charges in New Jersey can be overwhelming. The potential consequences, including prison time and a damaged reputation, necessitate a strong defense strategy. Our experienced New Jersey criminal defense attorneys at Brett M. Rosen, Esq. are here to help. Here’s a detailed breakdown of potential defenses commonly used in theft by extortion cases:
1. Lack of Intent:
The prosecution must prove you purposefully used threats to obtain property. If your actions were misinterpreted or resulted from a misunderstanding, you may have a strong defense. Our attorneys will analyze the evidence and communication to establish the absence of any criminal intent.
2. False Accusations:
Sometimes, false accusations are made out of spite or anger. We will investigate the accuser’s background and any potential motives for fabrication. Additionally, inconsistencies in the accuser’s story can weaken the prosecution’s case.
3. Miscommunication:
Threats can be perceived differently depending on context and tone. Our attorneys will scrutinize the alleged threats to determine if they were misconstrued or used in a non-threatening manner. Perhaps you were expressing frustration or attempting to negotiate a legitimate claim, not intending to instill fear.
4. Lawful Collection Efforts:
There’s a fine line between aggressively collecting a debt and extortion. If you were simply pursuing payment owed to you, with no implied threats of violence or illegal actions, you may not have committed theft by extortion. Our attorneys can demonstrate the legitimacy of your collection efforts and differentiate them from criminal threats.
5. Entrapment:
Law enforcement cannot induce you to commit a crime. If police officers or informants pressured you into making threats, known as entrapment, this defense could apply. We will thoroughly examine the circumstances surrounding your alleged actions to identify any potential entrapment tactics.
6. Honest Claim of Restitution:
New Jersey law allows for the defense that the property obtained was “honestly claimed as restitution or indemnification for harm done in the circumstances or as lawful compensation for property or services” (N.J.S.A. 2C:20-5). This means if you genuinely believed you were entitled to the property as compensation for a wrong committed against you, you may not be guilty of extortion. Our attorneys will analyze the circumstances surrounding the property obtained to determine if this defense applies.
7. Statute of Limitations:
New Jersey has a statute of limitations for theft by extortion charges, typically two years from the date of the alleged offense. If a significant amount of time has passed since the incident, the charges might be dismissed due to exceeding the legal timeframe for prosecution.
8. Procedural Errors:
Law enforcement must follow specific procedures during an investigation and arrest. Our attorneys will meticulously examine if any procedural errors occurred, such as an unlawful search or improper questioning. If such errors exist, they could lead to the suppression of evidence or even the dismissal of charges.
Remember: These are just some potential defenses. The best course of action is to consult with our experienced New Jersey criminal defense attorneys at Brett M. Rosen, Esq. as soon as possible. We will assess the specifics of your case, develop a tailored defense strategy, and fight for the best possible outcome.
Don’t Hesitate to Contact Brett M. Rosen, Esq. for a Free Consultation
Facing theft by extortion charges can be stressful. Our knowledgeable and aggressive defense team is here to help you navigate the legal system and protect your rights. Contact us today to discuss your case.
Facing Theft by Extortion Charges in New Jersey?
Don’t go through this challenging situation alone. Our New Jersey criminal defense firm at Brett M. Rosen, Esq. can help:
- Analyze the details of your case and identify any weaknesses in the prosecution’s argument.
- Develop a strong defense strategy tailored to your specific circumstances.
- Fight for the best possible outcome, which could include dismissal of charges, reduced charges, or participation in a pre-trial intervention program.
We understand the complexities of New Jersey’s extortion laws and are committed to protecting your rights. Contact our firm today for a free consultation.
New Jersey Theft by Extortion: Frequently Asked Questions
Being accused of theft by extortion in New Jersey can be confusing and frightening. This FAQ offers answers to some of the most frequently asked questions regarding this offense:
1. What is theft by extortion in New Jersey?
Theft by extortion is obtaining property from someone through threats. The threats can be verbal, written, or implied, and can target the victim, their family, or their property (N.J.S.A. 2C:20-5).
2. What are some examples of threats in theft by extortion?
Threats can include:
- Bodily harm to the victim or someone close to them
- Restraint or kidnapping of the victim
- Committing a crime against the victim
- Falsely accusing the victim of a crime
- Exposing embarrassing or damaging information about the victim
3. What are the penalties for theft by extortion in New Jersey?
Theft by extortion is a second-degree crime, carrying potential penalties of:
- Up to 10 years in prison
- Fines of up to $150,000
- Restitution to the victim
4. I was just trying to collect a debt owed to me. Is that extortion?
No, aggressively pursuing payment owed to you is generally not extortion. However, if you used threats of violence or illegal actions to collect the debt, that could be considered theft by extortion. An attorney can clarify the legal boundaries of debt collection.
5. What can I do if I’m facing theft by extortion charges in New Jersey?
Contact a qualified New Jersey criminal defense attorney, such as Brett M. Rosen, immediately. An attorney can:
- Explain your legal options
- Analyze the details of your case and identify potential defenses
- Fight for the best possible outcome, which could include dismissal of charges, reduced charges, or participation in a pre-trial intervention program.
6. What are some potential defenses for theft by extortion?
Several defenses are possible, including:
- Lack of intent to threaten
- False accusations against you
- Miscommunication of your words or actions
- Lawful collection efforts for a legitimate debt
- Entrapment by law enforcement
- Honest claim of restitution
- Statute of limitations expiration (charges exceeding the legal timeframe)
- Procedural errors by law enforcement during the investigation or arrest
7. Where can I find a New Jersey criminal defense attorney?
Many reputable law firms specialize in criminal defense in New Jersey. Brett M. Rosen, Esq. is certified by the Supreme Court of New Jersey as a Criminal Trial Attorney. This distinction is approximately held by less than one percent of attorneys in New Jersey.
8. What should I do if I believe someone is trying to extort me?
Contact the police immediately to report the crime. Do not engage with the extortionist and document all communication attempts.
Remember: This FAQ is for informational purposes only and does not constitute legal advice. Always consult with a qualified New Jersey criminal defense attorney, such as Brett M. Rosen, to discuss your specific situation.
Contact Brett M. Rosen Today for a Free Consultation
Facing theft by extortion charges, or suspecting someone is trying to extort you, requires immediate legal guidance. Our New Jersey criminal defense firm can help you navigate this complex situation. Contact us today to discuss your case.
Top-Shelf New Jersey Theft by Extortion Lawyer
Choosing Brett M. Rosen as your defense attorney for a charge of theft by extortion in New Jersey is a decision that can significantly impact the outcome of your case. Here’s a detailed explanation tailored to highlight the advantages of hiring him:
Certified Expertise: Brett M. Rosen is not just any attorney; he is certified by the Supreme Court of New Jersey as a Criminal Trial Attorney, a distinction that speaks volumes about his qualifications and expertise in criminal defense.
Strategic Defense: Rosen’s approach to legal defense is both strategic and innovative. He understands the nuances of theft by extortion charges, which are complex and require a sophisticated defense strategy.
Proven Track Record: His history of securing acquittals, dismissals, and favorable settlements is a testament to his effectiveness in the courtroom and his dedication to his clients’ best interests.
Cross-Examination Skills: Known for his methodical, meticulous, and assertive cross-examination, Rosen can dismantle the prosecution’s case, which is crucial in theft by extortion cases where the credibility of witnesses often plays a central role.
24/7 Availability: Recognizing the stress and urgency of facing criminal charges, Rosen offers round-the-clock availability to address your concerns and prepare a comprehensive defense.
Media Recognition: His legal expertise has been recognized by various media outlets, which not only validates his skill but also indicates his ability to handle high-profile and complex cases with discretion and professionalism.
Client-Centric Approach: Rosen is known for his passion, dedication, and assertiveness in representing his clients. He takes a personalized approach to each case, ensuring that your legal defense is tailored to the specifics of your situation.
Community Trust: The trust and satisfaction of his clients are reflected in testimonials and reviews, underscoring his reputation as a reliable and effective defense attorney.
Theft by extortion is a serious offense in New Jersey, defined as unlawfully obtaining property from another by various forms of coercion. The penalties can be severe, making it essential to have an attorney like Brett M. Rosen, who not only has the legal acumen but also the practical experience to navigate these complex cases successfully. His commitment to justice and strategic legal tactics are designed to offer you a defense that is both thorough and effective. Choosing Rosen means putting your case in the hands of a seasoned professional who will fight for your rights and work towards the best possible outcome. Contact him today to discuss your theft by extortion charge in New Jersey.