Freehold, NJ Theft Crimes Lawyer

In New Jersey, the penalties for theft crimes can be quite severe, ranging from a few months in jail to a lengthy prison sentence. Without proper legal guidance, criminal charges of this type can derail your life and destroy your reputation.

Having the right attorney by your side is vital if you have been charged with theft in New Jersey. Jason A. Volet is a certified criminal trial attorney. This prestigious recognition from the Supreme Court of New Jersey is a testament to his extensive experience and proven track record in criminal law.

Facing criminal charges is a stressful situation, but it’s not something you have to do alone. Instead, contact the Law Office of Jason A. Volet today for a free initial consultation and take your first step towards an effective case strategy.

What Types of Freehold Offenses Are Considered Theft Crimes?

New Jersey law defines theft as any of the following:

• Taking or exercising unlawful control over movable property with the intent of depriving its owner of that property
• Unlawfully transferring interest of another person’s immovable property for the taker’s benefit
• Purposely and illegally obtaining someone’s property using extortion or deception

Examples of theft crimes in New Jersey include:

• Burglary
• Auto theft
• Shoplifting
• Theft of services
• Keeping property lost by someone else
• Credit card theft or fraud
• Theft of movable property
• Receiving stolen property

Some theft crimes are defined by type of property, such as auto theft. Theft may include a failure to pay for goods or services received. Other crimes involve fraud or threats like credit card fraud or extortion. Some theft crimes involve taking items in a store or retail setting.

What Are the Different Levels of Theft Charges in Monmouth County?

In New Jersey, minor crimes are known as disorderly persons offenses, the equivalent of misdemeanors in other jurisdictions. More serious crimes are indictable offenses, often called felonies. In Monmouth County, there are multiple levels of theft charges. The value of the stolen property normally determines the level of the charge:

• Disorderly persons offense – Theft is a disorderly persons offense if the value of the stolen property is less than $200.
• Fourth-degree crime indictable offense – Theft is a fourth-degree crime if the property value is between $200 and $500.
• Third-degree crime indictable offense – Theft is a third-degree crime if the value of the property is more than $500 but not more than $75,000 or at least one requirement is met:
  • The property is a firearm, an automobile, a boat, an airplane, a horse, or another domesticated animal.
  • The property is a controlled, dangerous substance weighing less than one kilogram with a value of less than $75,000.
  • The property was taken off the victim’s person.
  • The alleged theft involved a breach of fiduciary duty.
  • The defendant committed the theft using threats.
  • The property is a public instrument or record.
  • The property is a blank pharmaceutical prescription.
• Second-degree crime indictable offense – Theft is a second-degree crime if the value of the property is over $75,000 or one of the following conditions is met:
  • The theft involved extortion.
  • The property is a controlled dangerous substance weighing more than one kilogram.
  • The property is human remains.

What Are Potential Penalties for Theft Charges in Freehold, New Jersey?

The penalty for theft in New Jersey depends on the type of theft and whether the defendant has any prior convictions. A first-time offender is much more likely to be offered a diversionary program to avoid a criminal record, while a person with repeated convictions would not. Each type of theft involves a range of penalties and fines:

• Theft as a disorderly persons offense – Punishable by up to 6 months in jail and a fine of up to $1,000
• Fourth-degree theft – Punishable by up to 18 months in state prison and a fine of up to $10,000
• Third-degree theft – Punishable by a term of 3-5 years in state prison and a fine of up to $15,000
• Second-degree theft – Punishable by a term of 5-10 years in prison and a fine of up to $150,000

How Are the Penalties for Theft Crimes Determined?

The prosecuting attorney will determine the type and level of theft crime to be charged based on the value of the property and allegations concerning the crime. The charges may also depend on the type of property taken and whether the defendant has been convicted of similar crimes in the past.

Determining the likely penalty a defendant faces on conviction of any particular charge is heavily dependent on the facts of the case. To understand the potential outcome, a criminal defendant should discuss the matter fully with an experienced theft attorney.

What Are Common Defenses to Theft Charges in Freehold, New Jersey?

Depending on the facts of your case, your defense attorney might argue that:

• You had permission to use or possess the property.
• You are the actual owner of the property.
• Police deliberately manipulated you into taking the property, known as “entrapment.”
• You have been mistaken for another person.
• You have never had control over the property.
• You have no knowledge of the property.

Is It Possible for a Theft Charge to Be Dropped?

Prosecutors might drop theft charges for any number of reasons. For example, if your attorney can undermine the strength of the state’s case against you, prosecutors might decide that their low likelihood of securing a conviction does not justify the time and expense of bringing the case to trial.

First-time offenders might be eligible for New Jersey’s Pretrial Intervention Program (PTI). This program allows defendants who comply with supervision and complete the program to have the charges dismissed. A person in the program will have no criminal record. Another possibility is a Conditional Dismissal, available to first-time offenders of more minor theft crimes. An experienced theft attorney can advise you on the possibility of dismissal of charges.

Contact a Freehold, NJ Theft Crimes Lawyer

If you have been charged with a theft crime in Freehold, you need effective, experienced counsel to protect your rights and freedoms. The theft crimes attorneys at the Law Office of Jason A. Volet will meet with you to review your case and advise you on your best course of action. The sooner you act, the more time we will have to build a strong defense strategy. Contact us today for a free and confidential initial consultation.