New Jersey Theft of Services (2C:20-8): Understanding the Law and Avoiding Trouble
Elizabeth, NJ Theft of Services Attorney
Have you ever snuck into a movie theater without a ticket, or maybe enjoyed a fancy hotel breakfast without paying? In New Jersey, these actions could land you in hot water under the law 2C:20-8, Theft of Services. This statute protects businesses and individuals from having their services used without proper compensation. You could also be charged with theft by deception, theft by unlawful taking, unlawful taking of means of conveyance, and trespassing charges depending on the circumstances.
Brett M. Rosen, a criminal defense attorney based in New Jersey, is an excellent choice for anyone facing a theft of services charge. Here’s why:
- Experience and Expertise:
- With 8 years of experience, Brett M. Rosen has a deep understanding of criminal law, including theft-related offenses.
- He has successfully represented clients in various criminal cases, demonstrating his expertise in the field.
- Client Recommendations:
- Clients describe him as a true winner and an advocate who delivers results.
- He goes above and beyond to prove innocence, even in high-pressure situations.
- His relentless negotiation skills during initial discussions with prosecutors have yielded favorable outcomes.
- Trial Skills:
- Rosen has stood ‘toe to toe’ at trial against current and former prosecutors, certified criminal and civil trial attorneys, and even a certified matrimonial attorney.
- His aggressive questioning and methodical approach have led to favorable judgments.
- He has won cases where the credibility of the complainant was questioned.
- High-Profile Cases:
- Rosen has handled cases involving celebrities, reality stars, and Grammy-Award winning artists.
- Notably, he got a case dismissed where the alleged victim was a former reality star.
- Professionalism and Preparation:
- Other attorneys have praised his professionalism, preparation, and effective cross-examination skills.
- He leaves no stone unturned in ensuring the truth comes to light during trials.
Brett M. Rosen’s track record, client recommendations, and trial skills make him an excellent choice for defending against theft of services charges. Contact our office today, or continue reading below regarding the New Jersey charge of theft of services.
This comprehensive guide will equip you with everything you need to know about 2C:20-8, including:
- What Activities Constitute Theft of Services in NJ?
- Degrees of the Offense and Corresponding Penalties
- Defenses Against a Theft of Services Charge
What is Considered Theft of Services in New Jersey?
According to 2C:20-8, a person commits theft of services if they knowingly:
- Obtain services that are available only for compensation: This includes a wide range of services, like professional work (legal advice, plumbing), utilities (electricity, gas, cable), transportation (taxis, buses), entertainment (movies, concerts), or even accommodation (hotels, resorts).
- Avoid payment for the service: This can be done through deception (hiding or manipulating facts), threats, or using various methods to bypass payment systems (tampering with meters, using stolen credit cards).
Key Points:
- The service provider must typically offer the service for a fee. Using a public restroom wouldn’t be considered theft of services.
- The intent to avoid payment is crucial. Accidentally forgetting your wallet wouldn’t qualify.
Degrees of the Offense and Penalties
The severity of the offense and its penalties depend on the value of the service stolen:
- Petty Theft: If the value of the service is less than $200, it’s considered a disorderly persons offense, the least serious category of crime in New Jersey. It can result in a fine of up to $1,000 and up to 6 months in jail.
- Fourth-Degree Crime: For services valued between $200 and $500, the offense becomes a fourth-degree crime. Penalties include a fine of up to $10,000 and up to 18 months in prison.
- Third-Degree Crime (Most Serious): If the value of the service exceeds $500, or if the act involves tampering with utility meters or stealing cable/internet service, it can be charged as a third-degree crime. This carries the harshest penalties, including a fine of up to $15,000 and up to 5 years in prison.
Defenses Against a Theft of Services Charge
If you are facing a charge under 2C:20-8, there might be defenses available depending on the circumstances. Here are some common defenses:
- Mistake of Fact: You genuinely believed the service was free or that you had already paid for it.
- Entrapment: The service provider enticed you to use the service without paying with the intention of pressing charges. (This defense is complex and requires evidence)
- Double Billing: You can argue that you were already billed for the service or that the service provider attempted to charge you twice.
- Lack of Intent: If you can prove that you did not intentionally avoid payment for the services, it may be a valid defense.
- Inability to Pay: While this does not justify theft of services, it can sometimes lead to reduced charges or penalties.
- Consent: If the service provider consented to providing services for free or delayed payment, it may not be considered theft.
- Intoxication: If you were too impaired to form criminal intent, it could be a valid defense.
- Duress: If you were forced to commit the crime under threat, this defense may apply.
- Misidentification: Arguing that you are not the perpetrator can be a defense.
Important Note: These are just a few potential defenses. Consulting with an experienced New Jersey criminal defense attorney, such as Brett M. Rosen, is crucial to determine the best course of action for your specific case. Contact our office today to discuss your or your loved one’s theft of services charge here in New Jersey.
New Jersey Theft of Services: A Chance at Diversion?
Facing a theft of services charge in New Jersey can be stressful. While the penalties can range from minor offenses to serious crimes, the good news is that New Jersey offers diversionary programs for certain cases. This explanation explores the possibility of diversion for theft of services and how to increase your chances of getting accepted.
What are Diversionary Programs?
Diversionary programs provide an alternative to traditional prosecution. Instead of going to trial, you participate in a program with specific requirements like community service, educational classes, or restitution. Successful completion often leads to the dismissal of the charges, keeping your criminal record clean.
Can Theft of Services Charges Qualify for Diversion in New Jersey?
The possibility of diversion depends on several factors, including:
- Severity of the Offense: Minor theft of services with a low value are more likely to qualify than larger thefts.
- Prior Criminal History: First-time offenders have a better chance than those with a history of theft or criminal activity.
- Your Age: New Jersey offers programs specifically aimed at diverting young offenders.
- The Prosecutor’s Discretion: Ultimately, the prosecutor decides if your case is suitable for diversion.
Types of Diversion Programs for Theft of Services in NJ
New Jersey offers two main diversionary programs that might apply to theft of services charges:
Pretrial Intervention (PTI): This program is for more serious offenses, often misdemeanors or even some felonies. It usually involves a period of probation with various requirements like counseling, community service, and restitution.
Conditional Discharge: This program is for less serious offenses, typically disorderly persons charges. It might involve probation with less stringent requirements compared to PTI.
Remember: Diversionary programs are not guaranteed. A lawyer can help you navigate the legal process, present your case effectively, and maximize your chances of a favorable outcome. Contact our office today to discuss your chances of a diversionary program for New Jersey theft of services charge.
New Jersey Theft of Services: Your Questions Answered
This Q&A is designed to address your concerns about theft of services charges in New Jersey:
Q: What is theft of services in New Jersey?
A: Theft of services occurs when someone knowingly avoids paying for a service they know requires compensation. This can involve deception, threats, or manipulating equipment to access services illegally. Examples include skipping out on a restaurant bill, using a tampered cable box, or receiving a haircut without intending to pay.
Q: What are the different ways someone can commit theft of services in NJ?
A: There are two main ways:
- Deception or Fraud: This involves intentionally misleading the service provider to avoid payment. Examples include using a stolen credit card, providing false information to get a service, or leaving a restaurant without paying.
- Tampering with Equipment: This involves manipulating equipment to access a service without authorization. This could involve bypassing meters for utilities like electricity or cable, or using a device to steal Wi-Fi.
Q: What are the penalties for theft of services in New Jersey?
A: The severity of the charge depends on the value of the service stolen. Theft of services can range from a disorderly persons offense (up to 6 months in jail) for minor offenses to a third-degree crime (3-5 years in prison) for larger thefts. In all cases, the offender will likely be ordered to pay restitution to the service provider.
Q: I accidentally forgot to pay for a service. Can I be charged with theft?
A: Generally, theft of services requires intent to avoid payment. However, skipping out on a bill without any attempt to pay could raise suspicion. If you genuinely forgot, it’s best to contact the service provider and explain the situation to avoid any misunderstandings.
Q: What should I do if I am accused of theft of services in New Jersey?
A: Take the accusation seriously. Do not speak to law enforcement without an attorney present. An experienced lawyer can advise you on the best course of action and help defend your rights.
Q: Does the type of service affect the theft of services charge?
A: No, the type of service itself doesn’t affect the charge. The law applies to a broad range of services, including:
- Utilities (electricity, gas, water)
- Cable or internet service
- Transportation (taxis, tolls)
- Professional services (haircuts, car repairs)
- Entertainment (movies, concerts)
- Lodging (hotels)
Q: What if I use someone else’s account without their permission? Is that theft of services?
A: Yes, using another person’s account for a service they pay for can be considered theft of services. This applies to things like using a friend’s Wi-Fi password or streaming service login without their knowledge or consent.
Q: I cancelled my gym membership but they keep charging me. Can I be charged with theft of services if I use the gym facilities?
A: This gets into a contractual dispute. If you properly cancelled your membership and have proof, using the gym facilities wouldn’t be theft of services. However, it’s best to resolve the billing issue with the gym directly to avoid any complications.
Q: What happens if I’m caught stealing a service?
A: The consequences depend on the severity of the offense. You might be arrested and charged. For minor cases, the police might issue a summons. The outcome could involve fines, community service, or even jail time in serious cases. Restitution to the service provider is also standard.
Q: Is there a difference between theft of services and shoplifting?
A: Yes. Shoplifting involves stealing physical merchandise from a store. Theft of services deals with obtaining a service without payment, even if there’s no physical item stolen.
Premier New Jersey Theft of Services Charge Lawyer
Unknowingly using a service without paying can lead to serious consequences. If you are facing charges under 2C:20-8, don’t hesitate to contact an attorney specializing in New Jersey criminal law. An attorney can advise you of your rights, explore potential defenses, and guide you through the legal process.
Brett M. Rosen, a criminal defense attorney based in New Jersey, has a strong track record and several compelling reasons why a potential client should consider hiring him for their theft of services charge:
- Experience: With over 8 years of experience, Brett M. Rosen has successfully represented clients in various criminal cases, including theft charges. His extensive knowledge of New Jersey’s legal system allows him to navigate complex situations effectively.
- Client Recommendations: Clients have praised Rosen’s dedication and effectiveness. One client described him as “the example of a true winner” and an “advocate who will be there in clutch situations.” Another client highlighted that Rosen “went above and beyond to prove I was innocent.”
- Trial Skills: Rosen has stood “toe to toe” at trial against current and former prosecutors, certified criminal and civil trial attorneys, and even a certified matrimonial attorney. His aggressive questioning and thorough approach have yielded favorable outcomes for clients.
- High-Profile Cases: Rosen has handled high-profile cases, including representing a former reality star and a Grammy-Award winning artist. His ability to handle such cases demonstrates his competence and confidence.
- Professionalism: Other attorneys have praised Rosen’s professionalism, preparation, and well-thought-out cross-examinations during trials.
- Results: Brett M. Rosen has secured dismissals, proven clients’ innocence, and delivered impressive results. His relentless pursuit of the truth benefits those he represents.
In summary, Brett M. Rosen’s experience, client recommendations, trial skills, and track record of success make him a strong choice for anyone facing a theft of services charge in New Jersey. Contact our office today to discuss your or your loved one’s New Jersey Theft of Services (2C:20-8) case.