Fairfield NJ Receiving Stolen Property Lawyers
Handling Felony, Disorderly Persons Receiving Stolen Property cases in Fairfield Court and Essex County NJ
Sometimes, it can be hard to resist a deal. Unfortunately, that low-priced stereo system or car that seemed “too good to be true” probably was too good to be true. More importantly, it might have been against the law. One of the most common theft offenses in New Jersey is Receiving Stolen Property. This law exists so that it will be more difficult for real criminals to sell stolen property. As a result, anyone who knowingly accepts stolen property could face felony charges and be subject to severe penalties, including imprisonment. However, if you did not realize that the property was stolen, an attorney might be able to raise a valid defense to this charge.
You can count on the attorneys at our firm to do whatever it takes to win your case. We have successfully represented countless clients facing theft charges in Essex County, NJ, including Livingston, Fairfield, and Nutley. A large part of our success in the courtroom is because we have unique insight into how prosecutors think: our litigation team includes a former county and municipal prosecutor. Additionally, the firm’s founding partner, Travis J. Tormey, has experience working for two of the largest law firms in New Jersey, so he knows what is needed to get the job done in your Receiving Stolen Property case.
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Call 201-654-3464 to speak with a member of our litigation team about your Receiving Stolen Property charges. In the meantime, please view our Successful Theft Crime Verdicts and Settlements page.
Receiving Stolen Property Law: N.J.S.A. 2C:20-7a
Receiving Stolen Property is governed by N.J.S.A. 2C:20-7. A person is guilty of Receiving Stolen Property if they knowingly receive or bring into New Jersey movable property that belongs to someone else. Even if the offender does not know that the property has been stolen, they may be charged with Receiving Stolen Property is they believe that it is probably stolen.
Under NJSA 2C:20-7(a)
“A person is guilty of theft if he knowingly receives or brings into this State movable property, other than a motor vehicle, of another knowing that it has been stolen, or believing that it is probably stolen. It is an affirmative defense that the property was received with purpose to restore it to the owner. “Receiving” means acquiring possession, control or title, or lending on the security of the property.”
It will be presumed that you knew the property was stolen if:
- You have been found in possession of two or more items of stolen property on two or more separate occasions.
- You have received stolen property in another transaction within the past year.
- You are in the business of buying or selling the property in question.
- You are in possession of two or more defaced access devices.
Penalties for Receiving Stolen Property in Essex County
The penalties for Receiving Stolen Property are typically determined by the value of the property:
- 2nd degree receiving stolen property -$75,000 or More: 5–10 years in NJ State Prison
- 3rd degree receiving stolen property – $500–$75,000: 3–5 years in NJ State Prison
- 4th degree receiving stolen property – $200–$500: Up to 18 months in NJ State Prison
- Disorderly persons offense – $200 or Less: Up to 6 months in Essex County Jail
Potential Defenses to Receiving Stolen Property Charges
Some of the potential defenses to receiving stolen property charges in NJ include:
- The defendant did not know the property was stolen when they took possession of it
- Property was not stolen
- They intended to return the property to rightful owner (affirmative defense)
- State can’t prove the charge beyond a reasonable doubt
- Miranda violations – motion to suppress statements made
- Illegal traffic stop – no probable cause – fruit of the poisonous tree – motion to suppress
- Illegal warrantless search – police searched a vehicle or home without a warrant and without a valid exception to the warrant requirements – motion to suppress
Frequently Asked Questions (FAQ) About Receiving Stolen Property in Essex County NJ
FAQ: Where will my case be handled? It depends on the degree (grading) of your offense. If it’s a disorderly persons charge (misdemeanor), then it will be handled in the local Municipal Court where the charges were filed. Otherwise, for felony (indictable) charges, they will be transferred to the Essex County Superior Court in Newark and prosecuted by the Essex County Prosecutor’s Office.
FAQ: Am I going to jail? It depends on the degree of your charges and your prior criminal record (if any). On a 2nd degree receiving stolen property charge, there is a presumption of jail time even if you have no record. For all other receiving stolen property charges, it is presumed you will be sentenced to probation if this is your first criminal conviction.
FAQ: Am I eligible for any diversionary programs? If you have no prior record and you have never used a diversionary program before, then you are eligible for Pre-Trial Intervention (PTI) on felony receiving stolen property charges and you are eligible for a conditional dismissal on disorderly persons receiving stolen property charges.
Call a Verona Receiving Stolen Property Lawyer
If you or a loved one has been accused of Receiving Stolen Property, it is imperative that you take immediate action to fight the charges. The experienced lawyers at the Tormey Law Firm can help you. Call us today at 201-654-3464 to discuss your case, or fill out the online contact form to schedule a free consultation at our Newark office.
