Receiving Stolen Property

Mercer County Receiving Stolen Property Defense Lawyer

A charge for receiving stolen property in Mercer County and the rest of New Jersey is a very serious offense. Therefore, it is essential to have the advocacy of competent and experienced defense lawyer. The law governing this form of theft offense is broad and encompasses many actions and situations. If you have been charged with receiving stolen property in Hamilton, Lawrence, Princeton, Ewing, West Windsor or another area municipality, it is certainly in your best interests to hire a skilled criminal attorney. The lawyers at our firm, the Law Offices of Jonathan F. Marshall, are former prosecutors and accomplished litigators with over 100 years in practice combined. One of the attorneys on our staff is available 24/7 to provide a free consultation. Contact our office in Princeton, Hamilton or Lawrenceville for immediately assistance.

Receiving Stolen Property Offense Under N.J.S.A. 2C:20-7

A receiving stolen property offense arises out of N.J.S.A. 2C:20-7. This law provides that:

1. 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.
2. 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.

Under the statute, “receiving” is defined as acquiring possession, control or title of the property. Thus, in order to satisfy the first element, the evidence must prove that movable property of another, was received or brought into the state of New Jersey by the defendant. The second element requires proof that the defendant acted knowingly when he or she received or brought the property into the State. In a sense, the evidence must demonstrate that the defendant was aware that he had received the property or was bringing it into the State. As for the third element, the State must prove that at the time the defendant received the property, he or she knew that it was stolen or believed that it had probably been stolen. Stolen property is defined as property that has been subject to any unlawful taking. An unlawful taking occurs when the elements under N.J.S.A. 2C:20-3 have been satisfied. Moreover, the defendant’s belief that the property was stolen satisfies this final element of the offense. Finally, N.J.S.A. 2C:20-7(b) contains four fact patterns where there is a presumption that the defendant knew the property was stolen.

Penalties for Receiving Stolen Property

Receiving Stolen Property is most commonly be its nature a 3^rd degree charge but like other theft offenses its actually graded by the monetary value of the property in question. The guidelines for grading theft crimes are set forth under statute 2C:20-11. If the property is valued at less than $200.00, then it is considered a disorderly person offense that will be handled in municipal court and brings a maximum of up to 6 months in county jail. If the value is over $200.00 then the offense is considered a felony and the charges will be handled at the County Superior Courthouse. Property worth between $200.00 – $500.00 is a 4 ^th degree crime punishable by up to 18 months in state prison. It is a 3^rd Degree offense, punishable by up 3 – 5 years in prison if the value involved is between $500 and $75,000. If the full retail value of the items stolen is $75,000 or more, it is a 2^nd degree felony which is punishable by mandatory prison time ranging from 5 – 10 years even for a first time offender. It is important that you hire an experienced defense attorney to represent you in your case. Depending on your circumstances you may be eligible for a diversion program through the County Prosecutor’s Office called PTI ( Pretrial Intervention ). This program allows for all charges to be dismissed against you upon successful completion.

Trenton Receiving Stolen Property Attorney

A charge for receiving stolen property is almost always an indictable crime of either the fourth degree or third degree that can only be handled at the Mercer County Superior Court in Trenton New Jersey. This is the case whether the offense was filed in East Windsor, Robbinsville, Hightstown, Pennington, Hopewell or another municipality in the county. It is therefore important that anyone arrested on this charge to be represented by an accomplished Trenton receiving stolen property attorney. This is precisely what we can facilitate at the Law Offices of Jonathan F. Marshall with a team of powerhouse criminal defense attorneys that have over a century of experience between them, including significant time serving as prosecutors. Contact us at (609) 683-8102 to speak with one of our lawyers about your options and circumstances of your case.

Additional Theft Resources to Assist You