RECEIVING NJ STOLEN PROPERTY—N.J.S.A. 2C:20-7
If you have been charged with violation of 2C:20-7 and the goods at issue are worth at least $500.00, it is a serious criminal offense which exposes you to possible jail time up to 5 years, criminal record, fines of up to $15,000.00. I have 26 plus years experience handling criminal violations like this and I can help you possibly avoid conviction, jail time,
criminal record, max fines. Please contact me at (732)-337-7922 for an evaluation of your circumstances and vigorous and competent representation. Whatever your circumstances, I can usually make it less bad.
ILLUSTRATIVE EXAMPLE OF WHAT CONDUCT CONSTITUTES THE OFFENSE:
It is Christmas and you know your family would really like to have a brand new big screen television set. There’s just one problem—you only have $200.00 to spend. No problem, you know a guy down at the docks who will get you a brand new $1,200.00 set for $200.00. As he off loads the set for you, you ask “where did you get this set and how can you sell it at such a low price?”. He tells you to just “forget about it”. You stuff the set in your trunk and drive off. Have you just committed a serious criminal offense?
THE ACTUAL LAW
a. “Receiving. A person is guilty of theft if he knowingly receives or brings into this
State movable property 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.
b. Presumption of knowledge. The requisite knowledge or belief is presumed in the
case of a person who:
(1) Is found in possession or control of two or more items of property stolen on
two or more separate occasions; or
(2) Has received stolen property in another transaction within the year preceding
the transaction charged; or
(3) Being a person in the business of buying or selling property of the sort
received, acquires the property without having ascertained by reasonable
inquiry that the person from whom he obtained it had a legal right to possess
and dispose of it; or
(4) Is found in possession of two or more defaced access devices.
GRADING OF THEFT OFFENSES—N.J.S.A. 2C:20-2(b)
b. Grading of theft offenses.
(1) Theft constitutes an offense of the second degree if:
(a) The amount involved is $75,000.00 or more;
(b) The property is taken by extortion;
(c) The property taken is a controlled dangerous substance or controlled substance analog as defined by N.J.S.2C:35-2 and the quantity is in excess of one kilogram;
(d) The property stolen is a person’s benefits under federal or State law, or from any other source, which the Department of Human Services or an agency acting on its behalf has budgeted for the person’s health care and the amount involved is $75,000.00 or more; or
(e) The property stolen is human remains or any part thereof.
(2) Theft constitutes a crime of the third degree if:
(a) The amount involved exceeds $500.00 but is less than $75,000.00;
(b) The property stolen is a firearm, motor vehicle, vessel, boat, horse, domestic companion animal or airplane;
(c) The property stolen is a controlled dangerous substance or controlled
substance analog as defined in N.J.S. 2C:35-2 and the amount involved is less than $75,000.00 or is undetermined and the quantity is one kilogram or less; or
(d) It is from the person of the victim; or
(e) It is in breach of an obligation by a person in his capacity as a fiduciary; or
(f) It is by threat not amounting to extortion; or
(g) It is of a public record, writing or instrument kept, filed or deposited according to law with or in the keeping of a public office or public servant; or
(h) The property stolen is a person’s benefits under federal or State law, or from any other source, which the Department of Human Services or an agency acting on its behalf has budgeted for the person’s health and the amount involved is less than $75,000.00; or
(i) The property stolen is any real or personal property related to, necessary for, or derived from research, regardless of value, including, but not limited to, any sample, specimens or component thereof, research subject, including any warm-blooded or cold-blooded animals being used for research or intended for use in research, supplies, records, data or test results, prototypes or equipment, as well as any proprietary information or other type of information related to research; or
(j) The property stolen is a New Jersey prescription blank as referred to in R.S.45:14-14; or
(k) The property stolen consists of an access device or a defaced access device.
(3) Theft constitutes a crime of the fourth degree if the amount involved is at
least $200.00 but does not exceed $500.00. If the amount involved was less
than $200.00 the offense constitutes a disorderly persons offense.
(4) The amount involved in a theft shall be determined by the trier of fact. The
amount shall include, but shall not be limited to, the amount of any State tax avoided, evaded or otherwise unpaid, improperly retained or disposed of. Amounts involved in thefts committed pursuant to one scheme or course of conduct, whether from the same person or several persons, may be aggregated in determining the grade of the offense.
b. Claim of right. It is an affirmative defense to prosecution for theft that the actor:
(1) Was unaware that the property or service was that of another;
(2) Acted under an honest claim of right to the property or service involved or
that he had a right to acquire or dispose of it as he did;
(3) Took property exposed for sale, intending to purchase or pay for it promptly,
or reasonably believing that the owner, if present, would have consented.
d. Theft from spouse. It is no defense that the theft or computer criminal activity was
from or committed against the actor’s spouse, except that misappropriation of
household and personal effects, or other property normally accessible to both
spouses, is theft or computer criminal activity only if it occurs after the parties
have ceased living together.”
The answer to the question is YES. You’ve just committed a third degree crime which is punishable, if convicted, by imposition of a monetary fine of up to $10,000.00 plus possible jail time for a minimum of three (3) years to a maximum of five (5) years, presumptive four (4) years, plus a criminal record. N.J.S.A. 2C:43-3.
These cases can be serious involving the imposition of jail time, hefty fines and a criminal record. If you are charged with any theft charge you need to retain the services of a skilled and experienced attorney immediately to obtain a downgrade of the charges or an acquittal.
