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Union County NJ Criminal Defense Lawyers

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Former County & Municipal Prosecutors

Theft of Property Lost, Mislaid or Delivered by Mistake

Elizabeth NJ Felony Theft Offense Attorney

Although the charge of theft of lost, mislaid or mistakenly delivered property is far from the most common form of stealing in Union County, there are nevertheless many of these offenses issued each year. If you were charged with this violation in Elizabeth, Cranford, Union, Hillside, Westfield or another area municipality, you should strongly consider calling the attorneys at The Law Offices of Jonathan F. Marshall. We are one of the largest criminal defense firms in New Jersey and feature a team of eight lawyers, several of whom are former prosecutors. An attorney who has handled many municipal court and Superior Court cases is prepared to undertake a comprehensive review of your theft of property lost, mislaid or delivered by mistake offense. To speak to a lawyer immediately in a free consultation, contact our Union Township Office at 908-272-1700.

What This Law Says. The offense of theft of lost, mislaid or delivered property is set forth at N.J.S.A. 2C:20-6. The statute provides, in pertinent part, that a person is guilty of this charge if they continue control over property which they know is lost, mislaid or erroneously delivered if they know the identity of the owner but attempt to convert the property for their own benefit. The term “property” includes just about anything that has value.

Elements of Proof. There are four elements that the prosecutor must establish in order to convict someone under 2C:20-6. The state must prove that: (1) the accused came under control of property; (2) that they knew was lost, mislaid or delivered in error; (3) they knew the identity of the rightful owner; and (4) used or converted the property for their own benefit depriving the true owner of the same.

Grading of this Offense. The grading of this offense follows the standard for most theft charges. It is a second degree crime if the value of the property taken is $75,000 or more. Property with a value of at least $500 but less than $75,000 is a third degree crime. Theft of lost, mislaid or mistakenly delivered property with a value of at least $200 but less than $500 is a fourth degree crime. A theft of this nature involving an item worth less than $200 is a disorderly persons offense.

Penalties. The penalties for violating N.J.S.A. 2C:20-6 hinge on the grade of the offense. Second degree theft of lost property results in up to $150,000 in fines and a prison sentence of 5-10 years. Third degree theft of mislaid property carries a maximum fine of $15,000 and up to 5 years of incarceration. Fourth degree theft of property delivered by mistake triggers a fine of up to $10,000 and the potential for a 18 month jail term. A disorderly persons offense for violating this law can result in your being fined $1,000 and being sent to the county jail for up to 6 months.

Springfield Theft Defense Lawyers

Almost any municipality has its share of theft including towns like Springfield, Clark, Summit, Roselle and Linden. Nonetheless, individuals charged in this manner must take charges very seriously. An offense for theft of mislaid, lost or erroneously delivered property can easily result in an indictment for a felony theft offense. Whether you are facing a disorderly persons offense, third degree crime or some other pedigree of 2C:20-6 offense, our lawyers have the skills needed to reach a favorable outcome. The Law Offices of Jonathan F. Marshall has over a century of experience with attorneys who have handled countless cases just like yours. An attorney is ready to explore all of the facts and circumstances surrounding your arrest and all of this guidance is provided without obligation. Call 908-272-1700 to speak to a lawyer on our defense team now.