Theft is one of the most common and longest-standing criminal acts. The term “theft of movable property” is fairly generic and it refers to the unlawful taking a another’s property. If you are being investigated or if you have already been arrested for theft in Moorestown,Burlington Township, Bordentown, Cinnaminson,Maple Shade, Pemberton,Mount Laurel,Mount Holly, Riverside or Florence, contact an experienced criminal defense attorney today. Criminal charges for theft in Burlington County will either be heard at the Burlington County Superior Court or local municipal court, depending upon the value of the property involved. Theft charges can range anywhere from a second degree felony offense that carries up to ten (10) years in Prison to a disorderly persons offense that carries six (6) months in the Burlington County Jail. For more information on the severity of your charges and what penalties you may be subject to, please read the information below.
There are two subsections of N.J.S.A. 20-3 that prohibit specific types of theft. Below is an analysis of each respective subsection and the way these charges may apply to your case:
N.J.S.A. 2C:20-3b Theft of Immovable Property
This subsection of N.J.S.A. 2C:20-3 is far less common than theft of movable property. Mostly because theft charges typically involve tangible and movable pieces of property. Only in rare scenarios can the theft of an immovable object occur. Nevertheless, if you have been charged under N.J.S.A. 2C:20-3b, the Burlington County Prosecutor’s Office must prove that:
♦ You unlawfully transferred any interest in immovable property ♦ You knew that the transfer was unlawful and ♦ You knew the immovable property was property of another
N.J.S.A. 2C:20-3a Theft of Movable Property
The far more common scenario for criminal theft charges involves “theft of movable property”, under N.J.S.A. 2C:20-3a. Here, the operative word is “movable”. If you are charged under this subsection of theft of property, you could be facing a second degree felony indictable offense and a ten (10) year term of incarceration. In order for the Court to convict you, they must first find the following elements beyond a reasonable doubt:
(1)That you knowingly took or unlawfully exercised control over movable property, (2)That the movable property was property of another and (3) That it was your purpose to deprive the other person of the movable property.
Can I Go to Prison for Theft in Burlington County NJ?
It is very possible that your theft charges will result in a sentence of imprisonment. In New Jersey, the possible penalties and recommended sentence from the Prosecutor will depend upon the degree of your charges, your criminal history, the circumstances of your offense, the victim’s position and other various factors. With regard to the degree of your criminal charge and the length of incarceration that may apply, please thoroughly read the information below:
Second Degree Theft of Property Cinnaminson NJ
◊ Triggered when the value of the property exceeds $75,000.00 ◊ Carries up to ten (10) years in a New Jersey State Prison ◊ Carries a $150,000 fine ◊ Results in a Criminal Record.
Third Degree Theft of Property Burlington Township NJ
◊ Triggered when the value of the property exceeds $500.00 but is less than $75,000.00 ◊ Carries up to five (5) years in a New Jersey State Prison ◊ Carries a $15,000 fine ◊ Results in a Criminal Record.
Fourth Degree Theft of Property Moorestown NJ
◊ Triggered when the value of the property exceeds $200.00 but is less than $500.00 ◊ Carries up to eighteen (18) months in a New Jersey State Prison ◊ Carries a $10,000 fine ◊ Results in a Criminal Record
Disorderly Persons Theft of Property Florence NJ
◊ Triggered when the value of the property is less than $200.00 ◊ Carries up to six (6) months in a Burlington County Jail ◊ Carries a $1,000 fine ◊ Results in a Criminal Record
Can I Avoid Jail for Theft Charges in New Jersey?
It is definitely possible to avoid any imprisonment for your theft charges. However, there are various factors that must be considered in any case. One of the most common ways to avoid incarceration and any criminal record is to apply and gain admission into a diversionary program such as Pretrial Intervention or Conditional Dismissal. These diversionary programs require compliance during a period of probation. If you are able to successfully complete the probation and other court requirements, you may be eligible to have your charges dismissed! For more information on these programs, please contact our office at (609) 850-8284.
Evesham NJ Theft Attorneys
Without going into great detail on your particular case, you can clearly see that theft charges are of a serious nature. Whether you are facing charges for third degree theft, disorderly persons theft, shoplifting,simple assault, harassment or credit card fraud, it is important that you fully understand the severity of your situation. For an immediate and complimentary consultation, please do not hesitate to contact our office at (609)-850-8284.
Our phones are answered 24 hours a day. We are available weekdays during business hours. We also meet with clients on evenings and weekends by request. We have four office locations conveniently located in Burlington, Hamilton, Point Pleasant, and Middletown. All major credit cards are accepted.
525 Highway 73, Suite 104, Marlton, New Jersey 08053 Phone: 609-850-8284 By Appointment Only
100 Horizon Center Boulevard, Hamilton, New Jersey, 08691 By Appointment Only
Point Pleasant Office
3828 River Road,
Suite A, Point Pleasant,
New Jersey 08742
By Appointment Only
180 Kings Highway, Middletown Township, New Jersey 07748 By Appointment Only