Elizabeth, NJ Car Theft Charge Attorney

Car theft, also known as unlawful taking of a motor vehicle, is a serious crime in New Jersey. While the state doesn’t have a specific “grand theft auto” law, the penalties for car theft can be quite severe, depending on the value of the vehicle and the offender’s criminal history. In addition to facing a car theft charge, you could also be facing eluding, theft charges, speeding, and careless driving charges.  This page provides a comprehensive overview of New Jersey’s car theft laws.

**Why Choose Brett M. Rosen for Your Car Theft Defense in New Jersey?**

When facing a car theft charge in New Jersey, the attorney you choose can make all the difference in the outcome of your case. Brett M. Rosen is not just any attorney; he’s a dedicated criminal defense lawyer with a proven track record of success. His commitment to justice and unparalleled legal expertise make him the ideal advocate for your defense.

Brett M. Rosen’s reputation precedes him as a relentless and strategic defender of his clients’ rights. With a keen understanding of New Jersey’s legal system, he has consistently delivered results that speak volumes of his skill and dedication. Whether it’s negotiating with prosecutors or representing clients in court, Mr. Rosen’s assertive approach and meticulous attention to detail ensure that every avenue for defense is thoroughly explored.

Clients have described Brett M. Rosen as “the example of a true winner” and an “advocate who will be there in the clutch situations.” His ability to deliver MVP results even in the most challenging cases is a testament to his legal acumen. From high-profile cases to more personal legal battles, Mr. Rosen approaches each case with the same level of passion and determination, earning him the respect of clients and peers alike¹²³.

Choosing Brett M. Rosen means opting for a lawyer who will fight for you with the tenacity and strategic insight needed to navigate the complexities of your car theft charge. Don’t settle for less – secure the representation of a lawyer who is as invested in your case as you are.

What is Considered Car Theft in New Jersey?

New Jersey law defines car theft as intentionally taking a motor vehicle without the owner’s consent. This includes taking the vehicle for a temporary joyride or with the intent to permanently deprive the owner of their property. The key element is acting without the owner’s authorization.

Penalties for Car Theft in New Jersey

The severity of penalties for car theft depends on the value of the stolen vehicle:

• Vehicles Valued Less Than $75,000: This is considered a third-degree crime. The penalties can include:

  • Imprisonment for 3 to 5 years
  • Fines up to $15,000
  • Suspension or revocation of driver’s license
  • Additional court fees and restitution to the victim

• Vehicles Valued $75,000 or More: This is considered a second-degree crime. Penalties become more significant:

  • Imprisonment for 5 to 10 years
  • Fines up to $150,000
  • Suspension or revocation of driver’s license
  • Additional court fees and restitution to the victim

Enhanced Penalties for Repeat Offenders

New Jersey law imposes harsher penalties for individuals with prior convictions for car theft or related offenses. Subsequent convictions can result in significantly longer prison sentences and steeper fines.

Receiving a Stolen Vehicle

Knowing possession of a stolen vehicle is also a crime in New Jersey. The penalties mirror those for car theft, with the severity depending on the vehicle’s value.

Defenses to NJ Charge of Car Theft

When facing charges of car theft or grand theft auto in New Jersey, it’s crucial to have a strong defense strategy. Here are some potential defenses that could be considered:

1. **Lack of Intent**: Arguing that the defendant did not intend to permanently deprive the owner of the vehicle. This could apply if the defendant believed they would return the car or were simply borrowing it without permission⁷.

2. **Owner’s Consent**: Demonstrating that the owner of the vehicle gave consent for its use, which could negate the unlawful taking element of the charge⁷.

3. **Mistake of Fact**: Claiming that the defendant mistakenly believed they had a right to the vehicle, perhaps due to a misunderstanding or being provided with false information.

4. **Duress**: Asserting that the defendant was forced to commit the theft under threat of harm, which could serve as a compulsion defense.

5. **Insufficient Evidence**: Challenging the prosecution’s evidence as inadequate to prove beyond a reasonable doubt that the defendant committed the crime.

6. **Alibi**: Providing evidence that the defendant was elsewhere at the time the theft occurred, thus making it impossible for them to have committed the crime.

7. **False Accusation**: Arguing that the defendant has been wrongly accused, perhaps due to mistaken identity or malicious intent.

8. **Recovery of Vehicle**: If the vehicle was returned to the owner, this might be used to mitigate the circumstances, although it does not necessarily absolve the theft charge.

JULY 7, 2023 GOVERNOR MURPHY SIGNS NEW LAW ON CAR THEFT

The article from the official website of Governor Phil Murphy of New Jersey discusses a series of bills signed on July 7, 2023, aimed at combating auto theft. Here’s a summary of the key points:

– **Governor Murphy signed four bills** to strengthen the fight against auto theft in New Jersey, focusing on repeat offenders and large-scale automobile trafficking networks.
– The legislation **expands criminal penalties** related to auto theft, especially for those using motor vehicle master keys unlawfully.
– **New statutory provisions** have been established for the crimes of theft and receiving a stolen motor vehicle, with varying degrees of severity based on the value of the vehicle.
– The bills also provide for **extended sentences** for persistent motor vehicle offenders upon the prosecutor’s request.
– The definition of “leader of auto theft trafficking network” has been expanded to include those who conspire to engage in unlawful activities involving stolen vehicles or parts.

The penalties that Governor Murphy signed into law on July 7, 2023, are part of a comprehensive effort to combat auto theft in New Jersey. Here are the details:

– **Possession or Distribution of Master Key Fobs or Computer Programs**: It is now a fourth-degree crime to possess or distribute a master key fob or computer program that can unlock and start a car.

– **Longer Sentences for Car Thieves**: Individuals who steal cars or knowingly accept a stolen vehicle will face longer sentences. If the vehicle is worth more than $75,000, the offense is classified as a second-degree crime. Otherwise, it’s considered a third-degree crime.

– **Pretrial Release Conditions**: There is no longer a presumption of pretrial release for suspects accused of auto theft if they were arrested or convicted of a prior auto theft charge within 90 days prior to the new charge.

– **Penalties for Leaders of Car Theft Rings**: Leaders of car theft rings will face stiffer penalties, while participants will face a new third-degree offense.

These laws are designed to deter auto theft and dismantle large-scale automobile trafficking networks by imposing stricter consequences for such crimes.

FREQUENTLY ASKED QUESTIONS

Here’s a comprehensive list of questions and answers regarding New Jersey car theft law:

**Q: What constitutes car theft in New Jersey?**
A: In New Jersey, car theft is defined as taking a car without the owner’s permission. This can be charged under the broader category of theft and is typically categorized as a fourth-degree offense.

**Q: Are there specific laws for auto theft in New Jersey?**
A: While New Jersey does not have separate statutes specifically for car theft, the state imposes specific penalties for auto theft or the unlawful taking of a car under its general theft laws.

**Q: What are the penalties for car theft in New Jersey?**
A: Vehicle theft is considered an indictable crime of the third degree, punishable by imprisonment for three to five years and a fine of up to $15,000.

**Q: How has New Jersey recently strengthened laws against auto theft?**
A: Governor Phil Murphy signed a series of bills to combat auto theft, focusing on repeat offenders and large-scale automobile trafficking networks. These include expanded criminal penalties and establishing separate statutory provisions for theft and receiving a stolen motor vehicle.

**Q: What is the ‘Lock It or Lose It’ campaign?**
A: ‘Lock It or Lose It’ is a public awareness campaign in New Jersey aimed at discouraging residents from leaving their cars unlocked with the key fob inside, which has been a significant factor in vehicle thefts.

**Q: What is the role of the Auto Theft Task Force in New Jersey?**
A: The Auto Theft Task Force, led by the New Jersey Division of State Police, works to recover stolen vehicles and pursue investigations into car theft organizations. It has been instrumental in prosecuting offenders and reducing auto theft rates.

**Q: What technology investments has New Jersey made to combat auto theft?**
A: New Jersey has invested in automated license plate recognition technology and gunshot detection equipment to reduce motor vehicle theft and gun violence, funded through federal American Rescue Plan funds.

**Q: Can possessing motor vehicle master keys be considered a crime in New Jersey?**
A: Yes, possessing motor vehicle master keys or programs for unlawful purposes, or advertising these devices knowing they are used unlawfully, is a fourth-degree crime, except for certain exempted entities like law enforcement.

**Q: What are the consequences for leading an auto theft trafficking network in New Jersey?**
A: Leading an auto theft trafficking network is a serious offense, and recent legislation has expanded the definition of a “leader” to include those who conspire to engage in unlawful activities involving stolen vehicles or parts.

**Q: What should someone do if they are facing charges for car theft in New Jersey?**
A: It is crucial to consult with a qualified criminal defense attorney who can provide legal advice tailored to the individual case, review the facts, advise on the best defense strategy, and represent the defendant’s interests in court.

**Q: What recent steps has New Jersey taken to combat auto theft?**
A: Governor Phil Murphy signed a series of bills in 2023 to strengthen criminal penalties associated with auto theft, focusing on repeat offenders and automobile trafficking networks.

**Q: What are the penalties for possessing motor vehicle master keys for unlawful purposes in New Jersey?**
A: Possession of motor vehicle master keys or programs for unlawful purposes is a fourth-degree crime in New Jersey, except for law enforcement, insurance organizations, or leasing business entities.

**Q: How does New Jersey classify the crime of leading an auto theft trafficking network?**
A: Leading an auto theft trafficking network is a serious offense in New Jersey, and recent legislation has expanded the definition of a “leader” to include those who conspire to engage in unlawful activities involving stolen vehicles or parts.

**Q: What is the ‘Lock It or Lose It’ campaign in New Jersey?**
A: It’s a public awareness campaign aimed at discouraging residents from leaving their cars unlocked with the key fob inside, which has been a significant factor in vehicle thefts.

**Q: What role does the Auto Theft Task Force play in New Jersey?**
A: The Auto Theft Task Force, led by the New Jersey Division of State Police, works to recover stolen vehicles and pursue investigations into car theft organizations.

**Q: What technology investments has New Jersey made to combat auto theft?**
A: New Jersey has invested in automated license plate recognition technology and gunshot detection equipment to reduce motor vehicle theft and gun violence.

**Q: What are the consequences for leading an auto theft trafficking network in New Jersey?**
A: Leading an auto theft trafficking network is a serious offense, and recent legislation has expanded the definition of a “leader” to include those who conspire to engage in unlawful activities involving stolen vehicles or parts.

**Q: What should someone do if they are facing charges for car theft in New Jersey?**
A: It is crucial to consult with a qualified criminal defense attorney who can provide legal advice tailored to the individual case, review the facts, advise on the best defense strategy, and represent the defendant’s interests in court.

These FAQs provide a detailed overview of New Jersey’s car theft laws and recent legislative efforts to tackle this issue. For more specific information or legal advice, individuals should contact a licensed attorney, such as Brett M. Rosen. Contact our office today to discuss your car theft charge in New Jersey.

Premier New Jersey Car Theft Charge Lawyer

Here are some detailed reasons why someone facing car theft charges in New Jersey should consider retaining Brett M. Rosen as their criminal defense attorney:

1. Extensive Legal Knowledge and Experience: Brett M. Rosen is a seasoned attorney with a comprehensive understanding of criminal law, particularly in the state of New Jersey. His experience spans various aspects of criminal defense, from domestic violence and DUI to more complex cases involving theft and white-collar crimes.

2. Proven Track Record: Mr. Rosen has a history of successful outcomes for his clients, whether it’s through trial or negotiation. His ability to deliver results, even in high-pressure situations, has been recognized and appreciated by those he has represented.

3. Strategic Defense: Known for his strategic approach, Mr. Rosen meticulously analyzes each case to identify the best possible defense. He is adept at finding weaknesses in the prosecution’s arguments and leveraging them to his clients’ advantage.

4. Personalized Attention: Brett M. Rosen is committed to providing personalized legal representation. He understands that every case is unique and requires a tailored approach to defense strategy.

5. High-Profile Case Experience: Having handled cases involving public figures and celebrities, Mr. Rosen is no stranger to high-profile cases and the complexities they entail. This experience is invaluable for clients facing significant legal challenges.

6. Client Advocacy: Clients have described Mr. Rosen as an advocate who is there for them during critical moments. His dedication to his clients’ best interests is evident in his relentless pursuit of justice.

7. Communication Skills: Effective communication is key in legal proceedings, and Mr. Rosen has been praised for his excellent communication skills, both in and out of the courtroom.

8. Recognition by Peers: His professional conduct and litigation skills have earned him respect among his peers, further solidifying his reputation as a competent and reliable criminal defense attorney.

9. Handling of Complex Negotiations: Mr. Rosen’s experience extends to complex negotiations with prosecutors, which can be crucial in achieving favorable outcomes for his clients.

10. Comprehensive Legal Services: Beyond criminal defense, Mr. Rosen offers a range of legal services, including personal injury and civil litigation, providing a holistic approach to legal issues his clients may face.

By choosing Brett M. Rosen, individuals facing car theft charges in New Jersey can benefit from his expertise, dedication, and the comprehensive legal support he provides. His commitment to his clients and his track record make him a strong candidate for anyone seeking a robust defense in their case.