Elizabeth, NJ Receiving Stolen Property Attorney

A comprehensive guide to the legal repercussions of receiving stolen property in New Jersey, including penalty tiers, defense strategies, and how to seek legal help.

New Jersey Law on Receiving Stolen Property

New Jersey takes the crime of receiving stolen property very seriously. Under N.J.S.A. 2C:20-7, individuals who knowingly receive or bring into the state movable property of another, knowing or believing it to be stolen, are committing a theft offense. This page provides an in-depth look at the law, the associated penalties, and the importance of legal representation. If you or a loved one is facing receiving stolen property charges, theft by deception, credit card theft charges, or robbery charges, then it is wise to secure or retain an experienced criminal defense attorney such as Brett M. Rosen.

When facing the complexities of a receiving stolen property charge in New Jersey, securing a knowledgeable and experienced defense attorney is crucial. Brett M. Rosen stands out as a beacon of hope, offering a robust defense rooted in a deep understanding of New Jersey’s legal intricacies. His commitment to justice and his proven track record of navigating the turbulent waters of criminal defense make him the ideal advocate to protect your rights and strive for the best possible outcome. Choose Brett M. Rosen to be your legal shield, ensuring that every facet of your case is meticulously examined and expertly handled.

What Constitutes Receiving Stolen Property in New Jersey?

In New Jersey, the crime of receiving stolen property is defined under N.J.S.A. 2C:20-7. A person is guilty of theft if they knowingly receive or bring into the state movable property of another, knowing that it has been stolen, or believing that it is probably stolen. The law outlines several key elements that constitute this offense:

1. **Possession or Control**: The individual must have acquired possession, control, or title of the property, or lent on the security of the property.
2. **Knowledge of Theft**: The person must know or believe that the property was stolen at the time they received it.
3. **Movable Property**: The property in question must be movable, meaning its location can be changed, including things growing on, affixed to, or found in land, and documents, even if the rights represented by those documents have no physical location.

The statute also provides for an affirmative defense if the property was received with the purpose of restoring it to the owner. Additionally, certain presumptions of knowledge are made if the person is found in possession of multiple stolen items or has a history of dealing in stolen property.

Understanding these elements is crucial for anyone facing charges of receiving stolen property, as each aspect of the offense must be proven beyond a reasonable doubt for a conviction to occur. According to the New Jersey Model Jury Charge, the prosecutor must prove the following elements beyond a reasonable doubt: 

1. That the defendant knowingly received (or brought into this State) movable
   property of another;
2. That the property was stolen;
3. That the defendant either knew that the property had been stolen or believed that
   it had probably been stolen at the time he/she received the property (or brought
   the property into this State).

Legal representation is highly recommended to navigate the complexities of such cases. Contact our office today to discuss your receiving stolen property charge.

Penalties Based on the Value of the Property

he penalties for receiving stolen property in New Jersey are determined by the value of the property and the circumstances of the offense. Here’s a detailed breakdown:

• Disorderly Persons Offense: If the property is valued at less than $200, it’s considered a disorderly persons offense. The penalty can be up to 6 months in jail and a fine of up to $1,000.
• Fourth-Degree Offense: For property valued between $200 and $500, the offense is classified as a fourth-degree crime. This can result in up to 18 months in prison and a fine of up to $10,000.
• Third-Degree Crime: If the property’s value is more than $500 but less than $75,000, it’s a third-degree crime. The penalty includes imprisonment for 3 to 5 years and a fine of up to $15,000.
• Second-Degree Crime: For property valued at more than $75,000, or if the property was obtained by extortion or is a controlled substance, the offense is a second-degree crime. The penalty can be 5 to 10 years of imprisonment and a fine of up to $150,000.

It’s important to note that there are certain presumptions of knowledge that can affect the case. For example, if a person is found in possession of two or more items of property stolen on separate occasions, or has received stolen property in another transaction within the year preceding the current charge, they are presumed to know the property was stolen.

These penalties reflect the seriousness with which New Jersey law treats the offense of receiving stolen property. If you need legal advice, it’s best to consult with a qualified attorney, such as attorney Brett M. Rosen, who can provide guidance based on the specifics of the case. Contact our office today to discuss your receiving stolen property charges.

Defending Against Receiving Stolen Property Charges in New Jersey

Explore the top legal defenses against receiving stolen property charges in NJ and learn how an experienced attorney can help you navigate the complexities of the law.

Effective Legal Defenses for Receiving Stolen Property in New Jersey

Facing charges for receiving stolen property in New Jersey can be daunting, but there are several defenses available that can be used to challenge the prosecution’s case. Understanding these defenses and how they apply to your situation is crucial for a favorable outcome.

• Lack of Knowledge The defendant was unaware that the property was stolen, negating the ‘knowingly’ aspect required for conviction.
•  Intent to Return The property was received with the intention of returning it to its rightful owner, which is an affirmative defense under NJ law.
• Insufficient Evidence The prosecution fails to provide sufficient evidence that the defendant knew or should have known the property was stolen.
• Mistake of Fact The defendant had a reasonable belief that the property was not stolen or had a legitimate claim to it.
•  Duress The defendant was forced or coerced into receiving the stolen property, thereby lacking the free will to commit the crime.
• Entrapment Law enforcement induced the defendant to commit the crime they otherwise would not have committed.
• Ownership or Right to Possession The defendant can prove ownership or the right to possess the property in question.

Why Legal Representation is Crucial 

Legal representation is crucial when facing a charge of receiving stolen property in New Jersey for several reasons:

1. **Understanding of Legal Nuances**: New Jersey’s laws regarding receiving stolen property are complex. An experienced attorney can navigate these laws, ensuring that all legal procedures are correctly followed.

2. **Protection of Rights**: A defense attorney will protect your constitutional rights throughout the legal process, ensuring you are treated fairly by the criminal justice system.

3. **Evidence Examination**: Lawyers have the expertise to examine the evidence against you critically, potentially identifying flaws or areas where your rights may have been violated.

4. **Negotiation Skills**: Attorneys can negotiate with prosecutors to potentially reduce charges or penalties, or even to dismiss the case if the evidence is weak.

5. **Trial Experience**: If your case goes to trial, a skilled lawyer can present a strong defense on your behalf, questioning witnesses and challenging the prosecution’s case.

6. **Legal Strategies**: Defense attorneys can develop sophisticated legal strategies tailored to the specifics of your case, which can be pivotal in achieving a favorable outcome.

7. **Mitigation of Penalties**: Even if a conviction is unavoidable, an attorney can argue for reduced penalties, such as probation or alternative sentencing options.

8. **Emotional Support**: Facing criminal charges can be stressful. A lawyer can provide not only legal support but also emotional support through this challenging time.

9. **Resource Access**: Attorneys have access to a network of professionals, such as private investigators and expert witnesses, who can support your case.

10. **Avoiding Mistakes**: Without legal knowledge, you might make mistakes that could negatively impact your case. An attorney ensures that all filings and court appearances are handled correctly.

For these reasons, securing legal representation is a critical step for anyone charged with receiving stolen property in New Jersey. An attorney’s guidance can be the difference between a conviction with severe penalties and a more favorable resolution. Contact our office today to discus you or your loved one’s New Jersey receiving stolen property charges.

FREQUENTLY ASKED QUESTIONS (FAQs)

Here’s a list of common questions and answers regarding the New Jersey law of receiving stolen property:

1. What constitutes receiving stolen property in New Jersey?
   • In New Jersey, you are guilty of receiving stolen property if you knowingly acquire movable property of another, knowing or believing it has been stolen.
2. What must the prosecution prove in a receiving stolen property case?
   • The prosecution must prove that you knowingly received or brought into the state movable property of another, that the property was indeed stolen, and that you knew or believed it was stolen at the time you received it.
3. Are there any defenses to receiving stolen property charges in New Jersey?
   • Yes, one affirmative defense is if the property was received with the purpose of restoring it to the owner. Other defenses may include lack of knowledge that the property was stolen or intent to return the property.
4. What are the penalties for receiving stolen property in New Jersey?
   • Penalties vary based on the value of the stolen property and can range from a misdemeanor to a second, third, or fourth-degree felony offense.
5. Can I be charged if I unknowingly bought stolen property?
   • No, you cannot be charged if you did not know and had no reason to believe that the property was stolen. The key element is the knowledge or belief that the property was stolen.
6. Is it possible to expunge a receiving stolen property charge in New Jersey?
   • In some cases, it may be possible to file a petition to have your criminal record cleared of a receiving stolen property charge.
7. What is the ‘presumption of knowledge’ in New Jersey’s receiving stolen property law?
   • The law presumes you knew or believed property was stolen if you possess multiple stolen items, received stolen property in another transaction within the year, or failed to make a reasonable inquiry about the legality of the property when in a business of buying or selling such items.

8. What is the difference between theft and receiving stolen property in New Jersey?
   • Theft involves unlawfully taking or exercising control over property, while receiving stolen property involves knowingly acquiring or possessing property that one knows or believes to be stolen.
9. How does New Jersey classify the severity of receiving stolen property offenses?
   • The classification depends on the value of the property: less than $200 is a disorderly persons offense; $200 to $500 is a fourth-degree crime; $500 to $75,000 is a third-degree crime; and more than $75,000 is a second-degree crime.
10. Can someone be charged with receiving stolen property if they intended to return it?
    • Yes, but it can be an affirmative defense if the person intended to return the property to its rightful owner.
11. Does New Jersey have any unique laws regarding receiving stolen property?
    • New Jersey law includes a presumption of knowledge clause, which assumes a person knew or believed property was stolen under certain conditions, such as possessing multiple stolen items.
12. What should I do if I’m accused of receiving stolen property in New Jersey?
    • It’s important to contact a qualified criminal defense attorney who can help you understand your rights and build a defense strategy based on the specifics of your case.
13. Is it possible to reduce the charges for receiving stolen property in New Jersey?
    • Depending on the circumstances, such as the value of the property and the defendant’s criminal history, it may be possible to negotiate a plea deal or reduce the charges.
14. What are the consequences of a receiving stolen property conviction in New Jersey?
    • Consequences can include fines, restitution, community service, probation, and imprisonment. The severity of the penalties typically correlates with the value of the stolen property and the defendant’s prior criminal record.
15. How does New Jersey handle cases involving minors accused of receiving stolen property?
    • Minors are typically processed through the juvenile justice system, which focuses on rehabilitation rather than punishment. However, serious cases may be tried in adult court.

Top-Shelf New Jersey Receiving Stolen Property Lawyer

Choosing the right attorney for a criminal defense case is crucial, and Brett M. Rosen’s qualifications suggest he could be a strong choice for representation in a New Jersey receiving stolen property charge. Here are some reasons why you might consider retaining him:

1. Experience in Criminal Defense: Brett M. Rosen has been recognized for his work in criminal defense, being selected to the Thomson Reuters Super Lawyers Rising Stars list multiple times. This indicates a level of peer recognition and professional achievement in his field.
2. Proven Track Record: According to available information, Rosen has successfully represented clients in criminal jury trials, achieving acquittals for his clients. This suggests he has practical courtroom experience and a history of favorable outcomes.
3. Knowledge of Local Laws: As the offense of receiving stolen property is specific under New Jersey law (N.J.S.A. 2C:20-7), having an attorney like Rosen, who is familiar with local statutes and legal nuances, could be beneficial.
4. Client Satisfaction: Rosen has received accolades such as Avvo’s Client Choice Award, which reflects positive client feedback and satisfaction with his legal services.
5. Strategic Defense: The complexity of receiving stolen property charges means that a nuanced defense strategy is often required. An attorney with Rosen’s background may be well-equipped to challenge the prosecution’s case on various grounds, such as proving the defendant’s lack of knowledge about the stolen nature of the property.

Contact our office today to discuss you or your loved one’s receiving stolen property charges.