Theft by Unlawful Taking in Elizabeth, NJ: A Comprehensive Guide
Theft by Unlawful Taking Attorney Elizabeth, NJ
Theft by Unlawful Taking Attorney Elizabeth, NJ
Theft by unlawful taking is a serious offense in Elizabeth, New Jersey, and throughout Union County. If you or someone you know has been charged with this crime, it’s crucial to understand the charges, potential penalties, and available defenses. This comprehensive guide provides detailed information about theft by unlawful taking in Elizabeth, NJ, and how Brett M. Rosen, Esq. can help you navigate this challenging legal situation.
Secure Your Defense Today
When facing a theft by unlawful taking charge in Elizabeth, NJ, retaining the expertise of attorney Brett M. Rosen is crucial for mounting a strong defense. Brett M. Rosen is renowned for his deep understanding of New Jersey’s theft laws and has a proven track record of successfully defending clients in similar cases. His strategic approach and meticulous attention to detail ensure that every aspect of your case is thoroughly examined, from the initial investigation to courtroom proceedings. By choosing Brett M. Rosen, you gain a dedicated advocate who is committed to protecting your rights, minimizing potential penalties, and achieving the best possible outcome for your case. With his extensive experience and unwavering dedication to his clients, Brett M. Rosen is the ally you need to navigate the complexities of the legal system with confidence.
What is Theft by Unlawful Taking?
Under New Jersey law (N.J.S.A. 2C:20-3), theft by unlawful taking occurs when someone:
- Unlawfully takes or exercises unlawful control over movable property of another, with the intent to deprive the owner of that property. This applies to tangible items like money, jewelry, electronics, or vehicles.
- Unlawfully transfers any interest in immovable property of another to benefit themselves or someone else not entitled to it. This applies to real estate or land.
Key Elements of the Offense:
To secure a conviction for theft by unlawful taking, the prosecution must prove the following elements beyond a reasonable doubt:
- Movable Property: The stolen item must be considered movable property.
- Unlawful Taking or Control: The defendant must have taken the property without the owner’s consent or exercised control over it in a way they were not authorized to.
- Intent to Deprive: The defendant must have intended to permanently deprive the owner of the property.
Grading of Theft by Unlawful Taking Offenses:
The severity of the charge and potential penalties for theft by unlawful taking depend on the value of the stolen property:
- Disorderly Persons Offense: Theft of property valued under $200.
- 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 over $75,000.
Penalties for Theft by Unlawful Taking in Elizabeth, NJ:
The penalties for theft by unlawful taking can be severe, including:
- Jail time: Ranging from several months for a disorderly persons offense to 10 years for a second-degree crime.
- Disorderly Persons Offense: Up to 6 months in Union county Jail.
- Fourth-degree Crime: Up to 18 months in State prison.
- Third-degree Crime: Up to five years in State prison.
- Second-degree Crime: Up to ten years in State prison.
- Fines: Significant financial penalties, which increase with the severity of the offense.
- 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: Repayment to the victim for the value of the stolen property.
- Criminal Record: A conviction for theft can have lasting consequences, affecting employment, housing, and other opportunities.
Defenses Against Theft by Unlawful Taking Charges:
If you’re facing charges of theft by unlawful taking in Elizabeth, NJ, an experienced criminal defense attorney can explore various defense strategies, including:
- Lack of Intent: Arguing that you did not intend to permanently deprive the owner of the property. Perhaps you borrowed it with the intention of returning it, or you mistakenly believed the property was yours.
- Consent: Demonstrating that you had the owner’s consent to take or possess the property.
- Ownership: Providing evidence that you were the rightful owner of the property.
- Mistake of Fact: Arguing that you genuinely believed you had a right to the property due to a misunderstanding or misinformation.
- Insufficient Evidence: Challenging the prosecution’s evidence and arguing that it does not prove the elements of the offense beyond a reasonable doubt.
- Illegal Search and Seizure: If the evidence against you was obtained through an illegal search or seizure, your attorney can file a motion to suppress that evidence.
Frequently Asked Questions (FAQs) About Theft by Unlawful Taking in Elizabeth, NJ:
1. What is the difference between theft by unlawful taking and shoplifting?
While shoplifting is a form of theft, it specifically involves taking merchandise from a retail store without paying. Theft by unlawful taking is a broader term that encompasses various types of theft.
2. What happens if I’m caught shoplifting in Elizabeth, NJ?
If caught shoplifting, you may be detained by store security and arrested by the police. You will likely face charges of theft by unlawful taking or shoplifting, depending on the circumstances.
3. Can I be charged with theft by unlawful taking if I found lost property and kept it?
Yes, if you find lost property and make no reasonable effort to return it to the owner, you could be charged with theft by unlawful taking.
4. What should I do if I’m accused of theft by unlawful taking?
It’s crucial to remain silent and contact an experienced criminal defense attorney immediately. Do not speak to the police or anyone else about the case without your attorney present.
5. Can I get the charges dropped if I return the stolen property?
Returning the stolen property may be a mitigating factor, but it does not guarantee that the charges will be dropped. The prosecutor will still consider the circumstances of the case and your criminal history.
6. What are the consequences of a theft conviction on my record?
A theft conviction can have serious consequences, including difficulty finding employment, obtaining housing, and even traveling to certain countries.
7. How can a lawyer help me with my theft by unlawful taking case?
An experienced criminal defense attorney can:
- Investigate the case and gather evidence.
- Negotiate with the prosecutor for a reduced charge or dismissal.
- Represent you in court and fight for the best possible outcome.
- Protect your rights throughout the legal process.
Contact Brett M. Rosen, Esq.
If you or a loved one is facing charges of theft by unlawful taking in Elizabeth, NJ, don’t hesitate to contact Brett M. Rosen, Esq. for a free consultation. He has extensive experience defending clients against theft charges and will work tirelessly to protect your rights and achieve the best possible outcome for your case.
908-312-0368 & brett@nynjcriminalcivilesq.com