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.
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:
- The amount involved is $75,000 or more;
- The property is taken by extortion; or
- 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:
- The amount involved exceeds $500 but is less than $75,000;
- The property stolen is a firearm, motor vehicle, vessel, boat, horse, domestic companion animal or airplane;
- 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;
- It is from the person of the victim; or
- The property stolen is a New Jersey Prescription Blank.
Fourth degree – Punishable by a maximum sentence of 18 months in New Jersey State Prison:
- 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.
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.