Likewise, if the offense occurs during a disaster or war, it becomes a felony of the second degree. Trenton Theft Attorney||West Windsor Theft Charge Defense Lawyer|. This offense is often referred to as "theft by unlawful taking, " requiring only that the defendant unlawfully takes, or exercises unlawful control over, movable property of another with the purpose to deprive him thereof. Transfers any merchandise displayed, held, stored or offered for sale by any store or retail establishment from the container in which it should be displayed to any other container with intent to deprive the merchant of all or some part of the full retail value; - under-rings merchandise with the intention of depriving the merchant of the full retail. Under Pennsylvania law, a burglary generally occurs when persons enter buildings or homes with the intent to commit a crime therein, regardless as to whether others are present at those locations at the time of the offense. The cornerstone of most theft offenses contained in the New Jersey Criminal Code is the charge of theft of movable property. If you take Johnnys cellphone and keep it, or even try to sell it, you are committing theft by unlawful taking. If the stolen item is valued at: - More than $2, 000, it is a felony of the third degree. Additionally, the unlawful taking of property worth less than $500, 000 but more than $2, 000 is also a felony of the third degree. Depending on the nature and value of the property involved, these cases can become very serious. Second Offense||Misdemeanor 2||Misdemeanor 1||Felony 3|. Crimes and Offenses (Refs & Annos). The penalties for theft get worse depending on the value of what you stole, just like it does with retail theft.
A term of imprisonment is a real concern when facing theft by unlawful taking or disposition. Should these two crimes merge for sentencing purposes? The majority of the case law is in favor of merger, therefore, as your attorney I would be able to argue that these crimes merge if the DA's office tried to have you sentenced on both theft and Receiving stolen property. Second degree offense: 5 to 10 years in prison. 2C:20-3, theft by unlawful taking refers to two types of properties: movable and immovable objects. To complete a pre-trial diversion program, you will be required to pay a fine, pay restitution, and complete some community service hours.
What You Need To Know About Application Of This Law. The key distinction between movable property and immovable property is that movable property has no real location and is not fixed to any piece of land. If you were to steal the property of another in Pennsylvania, you would be charged under this statute. Punishment for Theft. 00, it is second degree theft by unlawful taking; - If the value of the property obtained is at least $500 but less than $75, 000. A person can still violate this section even if he has not taken or removed property so long as control is exercised over the property. Second, the movable property must belong to another. The court can order the defendant to: (18 Pa. §§ 1101, 1103 to 1105, 3929; 42 Pa. § 8308 (2020). Thus, deprivation would occur if someone takes or exercise unlawful control over the property of another. It is also often possible to negotiate probationary sentences.
In other words, the prosecutor can sum up the amounts associated with a number of thefts if he or she believes that you are responsible for each of them. If you have you been charged with a theft or fraud offense, then you need a New Jersey theft crimes attorney in your corner. Injuries From Accidents. Jackson NJ Theft Defense Lawyer. Contact me today for a free initial consultation by phone or in person at 908-643-6801. We will investigate your case and provide you with an aggressive, skilled defense, making sure that your rights are being protected in the process. Depending on the value of the property taken and the circumstances surrounding what happened, this offense can range from a summary offense to a serious felony. The accused must also intend to deprive the actual owner of the property.
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