Elizabeth, NJ Theft by Unlawful Taking Attorney

Theft by unlawful taking is a criminal charge that is part of the New Jersey Code of Criminal Justice. This charge is a serious charge in New Jersey. It is codified under NJSA 2C:20-3. This charge can carry potential jail time, fines, court costs, as well as a criminal record if convicted. Theft by unlawful taking in New Jersey is usually charged along with theft by deception, shoplifting, and/or receiving stolen property. This is why it is important to speak with a lawyer regarding your or your loved one’s theft by unlawful taking case. If you are seeking legal representation for a theft by unlawful taking charge in New Jersey, then Attorney Brett M. Rosen is an excellent choice. Here’s why:

1. Experience: Brett M. Rosen is a seasoned lawyer, licensed in both New York and New Jersey. He has been practicing law for over 8 years, specializing in criminal and civil litigation.
2. Client Satisfaction: Rosen has received high praise from his clients for his professionalism and effectiveness. Clients have described him as “the example of a true winner” and “one of NJ’s finest attorneys”.
3. Trial Skills: Rosen has demonstrated exceptional trial skills, standing ‘toe to toe’ at trial against current and former prosecutors, and certified criminal and civil trial attorneys. His aggressive questioning and thorough approach have been commended by clients.
4. High-Profile Cases: Rosen has handled high-profile cases, including representing a celebrity on their domestic violence case and a Grammy-Award winning artist on their drug cases.
5. Recognition: He has been recognized as a Rising Star by Super Lawyers.

Contact us today for a consultation, or continue reading this page that will provide you with a general overview of the law regarding theft by unlawful taking charge in New Jersey, as well as some common defenses that may be available to you.

Definition of New Jersey Theft by Unlawful Taking Charge

Theft by unlawful taking in New Jersey is codified under the New Jersey criminal statute as 2C:20-3. It defines theft by unlawful taking or disposition and is divided into two parts: 

1. Movable Property: A person is guilty of theft if they unlawfully take, or exercise unlawful control over, movable property of another with the purpose to deprive them thereof.
2. Immovable Property: A person is guilty of theft if they unlawfully transfer any interest in immovable property of another with the purpose to benefit themselves or another not entitled thereto.

Theft by unlawful taking can be charged as 2C:20-3a, commonly known as movable property. It can also be charged as 2C:20-3b, commonly known as immovable property. Moveable property is defined under the law as, “property the location of which can be changed, including things growing on, affixed to, or found in land, and documents, although the rights represented thereby have no physical location.” Examples of moveable property can include a laptop, a bicycle, a chair, utensils, etc. Immovable property under the law is simply defined as, “all other property.” Immovable property is usually regarded as real estate, such as the land or the building/structure that is affixed to the land.

Elements of New Jersey Theft by Unlawful Taking Charge

If charged with NJSA 2C:20-3a, Theft by Unlawful Taking of moveable property, then the prosecution must prove each element beyond a reasonable doubt. According to the New Jersey Model Jury Charge for 2C:20-3a, the prosecutor must prove each element beyond a reasonable doubt:

• that defendant knowingly took or unlawfully exercised control over movable property;
• that the movable property was property of another;
• that defendant’s purpose was to deprive the other person of the movable property.

If charged with NJSA 2C:20-3b, Theft by Unlawful Taking of immoveable property, then the prosecution must prove each element beyond a reasonable doubt. According to the New Jersey Model Jury Charge for 2C:20-3b, the prosecutor must prove each element beyond a reasonable doubt:

• That defendant unlawfully transferred any interest in immovable property;
• That defendant knew that the transfer was unlawful;
• That defendant knew the immovable property was property of another; and
• That defendant’s purpose was to benefit himself/herself or another not entitled thereto.

Penalties for Theft by Unlawful Taking Charge NJ

The severity of the charge and the associated penalties vary based on the value of the goods stolen. This means that theft by unlawful taking charge can range from a disorderly persons offense (misdemeanor) to a second degree indictable (felony). If facing a theft by unlawfully taking charge, then depending on the value of the alleged property the following penalties might be applicable: 

• Property Value Less than $200: Disorderly persons offense, up to 6 months in jail, up to $1,000 fine.
• Property Value $200 to $500: Fourth-degree indictable, up to 18 months in jail, up to $10,000 fine.
• Property Value $500 to $75,000: Third-degree indictable, 3 to 5 years in prison, up to $15,000 fine.
• Property Value More than $75,000: Second-degree indictable, 5 to 10 years in prison, up to $150,000 fine.

Keep in mind that a second degree theft by unlawful taking carries a presumption of incarceration. This means that if convicted of a second degree theft by unlawful taking, then it is presumed at sentencing the Court will sentence the defendant to prison time.

Defenses to Theft by Unlawful Taking

Theft by unlawful taking is a serious offense in New Jersey that can result in various penalties depending on the value and type of the property involved. However, there are some possible defenses that a person accused of this crime can use to challenge the charges. Some of the common defenses are:

• Lack of intent: If the person did not have the purpose of depriving the owner of the property, they may not be guilty of theft. For example, if the person borrowed the property with the owner’s permission and intended to return it, or if the person mistakenly believed that they had a right to the property, they may be able to argue that they lacked the intent to commit theft.
• Consent: If the owner of the property gave consent to the person to take or use the property, the person may not be guilty of theft. However, the consent must be freely and voluntarily given, and not obtained by deception, coercion, or threat. For instance, if the person was given permission to drive a car by the owner, but the owner later changed their mind and reported the car as stolen, the person may be able to use consent as a defense.
• Mistake of fact: If the person did not know that they were taking or possessing stolen property, they may not be guilty of theft. For example, if the person bought a car from a seller who had stolen it, and the person had no reason to suspect that the car was stolen, they may be able to use mistake of fact as a defense.
• Mistaken identity: If you were wrongly identified as the perpetrator of the crime, you may be able to prove that you were not at the scene of the crime or that someone else committed the crime.
• Statute of limitations: If the charges aren’t brought within a certain time period, this defense can be used. For a disorderly persons offense the State has one (1) year to file charges, whereas an indictable (felony) the State has five (5) years to file charges. 

Pretrial Intervention & Conditional Dismissal

Pretrial intervention (PTI) and conditional dismissal are two possible alternatives to the traditional criminal justice process for a person facing a charge of theft by unlawful taking in New Jersey. However, these options are not available to everyone and have certain eligibility criteria and conditions.

PTI is a program that provides defendants, generally first-time offenders, with opportunities for rehabilitation and supervision. If a person is accepted into PTI and completes the program successfully, they can avoid having a criminal conviction on their record. However, PTI is not an automatic right and requires the approval of the prosecutor and the judge. Some factors that may affect the eligibility for PTI are:

• The nature of the offense and the impact on the victim and society
• The motivation and character of the defendant
• The likelihood of deterring future criminal behavior
• The defendant’s criminal history and background
• The defendant’s willingness to pay restitution and other penalties

Conditional dismissal is a similar program that applies to certain disorderly persons offenses and petty disorderly persons offenses. A person who is charged with such an offense may apply for a conditional dismissal if they have not been previously convicted of any offense or participated in any diversionary program. If a person is granted a conditional dismissal and fulfills the terms and conditions imposed by the court, the charge will be dismissed.

Both PTI and conditional dismissal require the payment of certain fees and assessments, as well as compliance with the supervision and counseling requirements. A person who fails to meet the conditions of the program may be terminated from the program and prosecuted for the original charge. PTI is typically between one (1) to three (3) years of supervision by a probation officer, whereas a conditional dismissal is up to one (1) year of supervision.

New Jersey Theft by Unlawful Taking: Your Burning Questions Answered 

Facing a theft by unlawful taking charge in New Jersey can be stressful and confusing. Here’s a comprehensive FAQ (Frequently Asked Questions) breakdown to shed light on this offense and potentially help you navigate this situation:

• Question: What is Theft by Unlawful Taking in New Jersey?
  • Answer: This is the most common type of theft offense in New Jersey. It occurs when someone takes property belonging to another person without their permission and with the intent to permanently deprive them of it. The property can be movable (like a phone) or immovable (like real estate).

• Question: Is there a statute of limitations for a New Jersey charge of theft by unlawful taking?
  • Answer: In New Jersey, the statute of limitations for a charge of theft by unlawful taking depends on the severity of the offense. For indictable theft offenses, the statute of limitations is five years from the date of the alleged crime. However, if the theft is considered a disorderly persons offense, typically involving property or services valued at less than $200, the statute of limitations is one year.

• Question: Should I Consult a Lawyer if I’m Facing a Theft by Unlawful Taking Charge?

  • Answer: Absolutely! An experienced New Jersey criminal defense attorney, such as Brett M. Rosen, can analyze the specifics of your case, determine the most effective defense strategy, and potentially fight for a reduced charge or dismissal altogether.

• Question: Does a theft by unlawful taking charge in New Jersey have immigration consequences?
  • Answer: Yes, a theft by unlawful taking charge in New Jersey can have immigration consequences. Such charges may be considered crimes involving moral turpitude (CIMT), which can affect an individual’s immigration status. A CIMT can potentially lead to deportation or inadmissibility, depending on the circumstances of the case and the individual’s immigration history.

• Question: I returned the item but can I still be charged with theft by unlawful taking in New Jersey?
  • Answer: Yes, in New Jersey, you can still be charged with theft by unlawful taking even if you have returned the item. The key factor in such charges is the unlawful taking or exercising control over someone else’s property with the intent to deprive them of it, regardless of whether the property was later returned. 

Remember: This FAQ provides general information, and the specific details of your case are crucial. Consulting a lawyer, such as Brett M. Rosen, ensures you understand your rights and options in this situation. Contact our office today for a consultation. 

Top-Shelf New Jersey Theft by Unlawful Taking Charge Lawyer

As you can see a theft by unlawful taking charge in New Jersey is serious. This is why it is important to discuss with a New Jersey Theft by Unlawful Taking charge lawyer immediately. Here are some possible reasons why you might consider hiring Brett M Rosen as your defense attorney:

• He has been recognized as one of the top criminal defense attorneys of 2023 and has been selected to Thomson Reuters Super Lawyers Rising Stars list for five consecutive years.
• He has successfully defended clients accused of various crimes, including sexual assault, domestic violence, drug offenses, and theft. He has also handled some high-profile cases involving celebrities and reality stars.
• He is passionate, dedicated, and assertive in representing his clients. He believes in standing up for the rights of the accused and challenging the prosecution’s evidence and arguments. He is also skilled in cross-examination, storytelling, and engaging the jury.
• He offers free consultations and reasonable fees. He also provides video conferencing options for clients who prefer remote communication.

These are some of the possible reasons why you might consider hiring Brett M Rosen as your defense attorney.

Contact our office today for a consultation regarding your Theft by Unlawful Taking Charge.