Arrested and Charged with Receiving Stolen Property in NJ? Need an attorney? Call Us Now

Receiving stolen property charges in New Jersey can be a felony charge (indictable offense) or a misdemeanor charge (disorderly persons offense) depending on the value of the goods in the defendant’s possession. Regardless, if you or a loved one has been arrested and charged with receiving stolen property, you should contact an attorney immediately to protect your rights and fight these charges in court.

Travis J. Tormey is an experienced defense attorney who serves on behalf of clients facing a vast array of charges, ranging from possession of a fake ID to manslaughter. With centrally located offices in  Hackensack, Morristown, Newark, and New Brunswick, he appears in courts throughout Northern New Jersey on criminal cases on a daily basis. Having represented clients in such a wide variety of cases, Mr. Tormey has specifically formulated tactics to combat theft-related charges such as robbery, carjacking, and receiving stolen property.

Mr. Tormey’s practice concentrates on criminal law, which has facilitated him in developing a breadth of knowledge in the area of criminal defense. This repository of information regarding New Jersey law enables him to identify the nuances involved in each case and thus, to best represent his clients. In fact, Mr. Tormey has been cited as a legal resource in a number of publications, including The Daily Record and The Bergen Record, as well as the AOL News. Feel free to contact him at his office at (201) 556-1570, as he provides free legal consultations.

Receiving Stolen Property NJSA 2C:20-7

The Law in New Jersey that governs receiving stolen property charges is N.J.S.A. 2C:20-7 which provides:

N.J.S.A. 2C:20-7 details:

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 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.

What are the Penalties for Receiving Stolen Property in New Jersey?

Receiving Stolen Property can be classified as a second, third, or fourth degree crime, or a disorderly persons offense, depending on the circumstances of the specific case. The penalties associated with a conviction on these charges entail the following if:

Second degree – Punishable by a term of incarceration ranging from 5 to 10 years in New Jersey State Prison:

1. The amount involved is $75,000 or more;
2. The property is taken by extortion; or
3. The property stolen is a controlled dangerous substance (“CDS”) and the quantity is in excess of one kilogram.

Third degree – Punishable by a term of incarceration ranging from 3 to 5 years in New Jersey State Prison:

1. The amount involved exceeds $500 but is less than $75,000;
2. The property stolen is a firearm, motor vehicle, vessel, boat, horse, domestic companion animal or airplane;
3. The property stolen is a CDS and the amount involved is less than $75,000 or is undetermined and the quantity is one kilogram or less;
4. It is from the person of the victim; or
5. The property stolen is a New Jersey Prescription Blank.

Fourth degree – Punishable by a maximum sentence of 18 months in New Jersey State Prison:

1. The amount involved is at least $200 by does not exceed $500.

In all other cases, Receiving Stolen Property is a disorderly persons offense, which is punishable by a maximum sentence of 6 months in the county jail.

Frequently Asked Questions (FAQ) Regarding Receiving Stolen Property Charges in New Jersey

FAQ: Am I eligible for the Pre-Trial Intervention (PTI) program? If you have not used PTI or another diversion program before and you have no prior criminal history, you are eligible for PTI. PTI is a diversionary program for first time offenders on felony charges which can allow your charges to be suspended and dismissed if you successfully complete the probation. On a disorderly persons receiving stolen property charge in Municipal Court, there is a similar diversionary program called a conditional dismissal.

FAQ: Am I facing jail time on my receiving stolen property charge? Yes, on any receiving stolen property charge in NJ, you could be sentenced to jail (anywhere from 6 months to 10 years) but it depends on the degree of your charges and your prior criminal history (if any). If you have no record, it is very likely you will be sentenced to probation on a third degree, fourth degree, or disorderly persons receiving stolen property charge. However, on a second degree charge ($75,000 or more), you are facing 5-10 years in prison and there is a presumption you will be sentenced to prison even if you have no prior criminal record.

If you are someone you love is facing charges for Receiving Stolen Property, a knowledgeable criminal defense attorney can help you to ensure the best possible resolution of your case. Contact The Tormey Law Firm, LLC. today at (201)-556-1570 for a free consultation.