Theft Charge in Mountainside New Jersey
In a case worthy of a TV police procedural show, two Newark men were placed in custody by the Mountainside Police Department after the men carjacked a Lexus in Westfield and led Mountainside Police on a car and foot chase. In fact, when one of the perpetrators exited the Lexus and hopped into another car with his accomplice, the accomplice driving the car attempted to run down a Mountainside officer on foot. The officer shot at the defendants’ car before jumping to safety. The defendants were ultimately charged with theft and carjacking. In that same vein, Mountainside, Westfield, Clark and neighboring towns have recently reported a spike in auto thefts. Against that backdrop, law enforcement in Mountainside is on the lookout for potential car thieves.
If you have been charged with a theft offense of any kind in Mountainside, your first priority should be to hire a qualified attorney to provide an aggressive defense on your behalf. Our attorneys at the Law Offices of Jonathan F. Marshall have the specialized expertise in theft cases to ensure that you receive high-quality, professional representation. We serve Mountainside, Union, Clark and all municipalities in Union County. Call one of our attorneys for a consultation at 908-272-1700. The initial consultation is free. A lawyer is always available to assist you 24/7.
Mountainside Theft Charges
The Law Offices of Jonathan F. Marshall has decades of experience handling all types of theft offenses in Union County and can assist you in defending a Mountainside criminal charge for:
- Auto/Motor Vehicle Theft
- Receiving Stolen Property
- Shoplifting
- Burglary
- Robbery
- Bad Checks
- Identity Theft
- Computer/Data Theft
- Credit Card Theft
- Theft by Unlawful Taking
- Theft of Property Lost, Mislaid, or Delivered by Mistake
- Theft by Deception
- Theft by Extortion
- Theft of Services
Examples of Theft. In order to convict someone of a theft offense, the prosecution must prove every element beyond a reasonable doubt. Here are the elements of two theft offenses that serve as examples.
To prove Unlawful Taking of a Means of Conveyance under N.J.S.A. 2C:20-10b and -10c, the prosecutor must prove that: (1) The defendant took, operated, or exercised control over a motor vehicle; (2) The defendant acted with the purpose of withholding the vehicle temporarily from the owner; and (3) The defendant acted without the consent of the owner or other person authorized to give consent.
To prove Theft of Movable Property, N.J.S.A. 2C:20-3a, the prosecutor must prove that: (1) The defendant knowingly took or unlawfully exercised control over movable property; (2) The movable property was property of another; and (3) The defendant’s purpose was to deprive the other person of the movable property.
Applying the two statutes to the case discussed above, it would appear that Theft of Movable Property would be more applicable. The defendant who took the Lexus had the purpose of permanently, not temporarily, depriving the vehicle from the owner.
Penalties for Theft. New Jersey statute N.J.S.A. 2C:20-2 discusses the penalties associated with all theft offenses. If the amount involved is $75,000 or more, it is a second-degree crime, with the following possible penalties:
- 5 to 10 years in prison,
- Up to a $150,000 fine, and
- Restitution (paying back the value of what was stolen).
If the amount involved is between $500 and $75,000, it is a third-degree crime, with the following possible penalties:
- 3 to 5 years in prison,
- Up to a $15,000 fine, and
- Restitution.
If the amount involved is between $200 and $500, it is a fourth-degree crime, with the following possible penalties:
- Up to 18 months in prison,
- Up to a $10,000 fine, and
- Restitution.
A second degree, third degree or fourth degree crime can only be handled at Union County Superior Court in Elizabeth. However, if the amount involved is less than $200, the case will likely be handled in Mountainside Municipal Court, and the possible penalties are up to 6 months in jail, up to $1,000 in fines, and restitution. Please note that the above grading does not apply to certain theft and fraud related crimes such as burglary, robbery, identity theft and credit card theft.
Mountainside Theft Defense Attorney
There are many types of theft offenses, and many possible penalties. Because the consequences of a theft conviction could be rather serious, you need an experienced theft defense attorney by your side. The Law Offices of Jonathan F. Marshall employ top-notch theft lawyers to help you minimize the criminal exposure you might face. Call today for a free consultation with a Mountainside Criminal Lawyer. Attorneys are standing by 24/7 to assist you. Our number is 908-272-1700.
