Being found guilty of theft can incur several consequences, including fines and a criminal record. However, a stolen property attorney can utilize several strategies to defend their client against the charge and prove their innocence in court. Here’s a breakdown of four of these possible defenses and a quick look at New Jersey laws that govern theft charges.
An Overview of New Jersey Theft Charges
New Jersey classifies theft crimes as the unlawful taking of another’s property with the intent to deprive the rightful owner permanently. Under New Jersey law, receiving stolen property or possessing goods known to be unlawfully obtained can lead to serious criminal charges.
Theft convictions can lead to significant consequences, such as fines, community service, probation, and imprisonment. However, the severity of theft offenses depends on the value of the property taken. Petty theft, involving less than $200, is considered a disorderly person’s offense, while higher amounts elevate charges to either a misdemeanor or an indictable offense.
A third-degree crime applies when the property stolen exceeds $500 but is less than $75,000. Theft of goods worth over $75,000 is classified as a second-degree crime and carries the harshest penalties, including prison time. Additionally, those with prior convictions can have harsher convictions.
Common Defenses to Theft Charges
Lack of Knowledge
A skilled defense attorney can challenge theft charges by arguing that the accused lacked knowledge of the stolen property. This defense is often used in situations where the accused might not have realized the goods were stolen. If the defendant was unaware that an item was unlawfully obtained and there’s proof they had no reason to suspect the item’s origin, the prosecution’s case weakens.
Defendant’s Intent
The prosecution must prove the defendant intended to permanently deprive the owner of their property beyond reasonable doubt. Without clear evidence of intent, a solid defense strategy can challenge the claim that the defendant committed a crime.
If the accused mistakenly took the item or believed they had a rightful claim to it, the legal system may consider the act unintentional. Additionally, the defendant may be proven innocent if it is established they obtained the item with the intent of returning it to the original owner.
Insufficient Evidence
If evidence is weak, circumstantial, or based on unreliable testimony, a stolen property case may fall apart. A stolen property offenses attorney can scrutinize witness credibility, surveillance footage, and evidence to expose weaknesses in the prosecution’s case.
Illegal Evidence
The use of illegal evidence can render a case invalid. If law enforcement obtained evidence through unlawful means, they may have violated the Fourth Amendment, which inhibits unreasonable searches and seizures. Courts may dismiss cases if the key evidence was obtained in this manner.
To Speak With Professional New Jersey Criminal Defense Attorneys, Call The Law Offices of Zapicchi & Liller
If you need legal representation from an experienced criminal defense attorney, turn to The Law Offices of Zapicchi & Liller LLP. Our criminal defense attorneys specialize in stolen property law and other fields and will use their knowledge to provide you with the best representation possible.
Contact us to learn more about the criminal and civil cases we help with and to schedule a consultation.