College students in New Jersey charged with motor vehicle theft may naively think that the prosecutor will view the crime as a harmless prank. The days when NJ law enforcement saw stealing a motor vehicle as “joyriding” are gone. The increased availability and popularity of electric vehicles, Escooters, and Ebikes has led to increased incidences of reported motor vehicle theft or unauthorized use. New Jersey takes motor vehicle theft crimes seriously, and laws have been stiffened recently, making the penalties more severe. If the stolen vehicle is wrecked or the theft creates a significant risk of injury, the penalties become even stiffer. While stealing a motor vehicle might lead to up to five years in jail and substantial fines, related charges can involve lengthy prison sentences. Campus motor vehicle theft is increasing in the United States, and Princeton University reported 50 incidents of motor vehicle theft in 2022 alone.
Any student charged with motor vehicle theft or related crimes in New Jersey needs an experienced criminal attorney to avoid potential jail or prison time. Further, a college student charged with theft of a car, Escooter, or Ebike may be suspended or expelled from their college or university, even if the charges are dismissed. The Lento Law Firm is an experienced criminal defense firm that also has a proven record of student discipline defense. Call the Lento Law Firm at 888.535.3686 or contact us online, and we will reach out to you.
New Jersey Auto Theft Laws and Penalties
Taking a Vehicle Temporarily
New Jersey law defines motor vehicle theft under the unlawful conveyance statute if the person taking the vehicle does not intend to permanently withhold the vehicle from its owner. In this scenario, the person taking the motorized vehicle (including a motorized bike or scooter) uses it without the owner's consent but does not intend to keep it permanently. Motor vehicle theft of this type is a fourth-degree offense with potential penalties of up to 18 months in prison and a fine of up to $10,000. If the person taking a vehicle temporarily operates it in a way likely to cause injury to another person or damage to property, it becomes a third-degree offense, punishable by 3-5 years jail time and a fine of up to $15,000.
Theft of a Motor Vehicle
When a person takes a motorized vehicle (including a scooter or bicycle with a motor) in New Jersey with the intent to permanently deprive the owner of its use, they commit theft of a motor vehicle. If the value of the vehicle is less than $75,000, it is a third-degree offense. If the value is above $75,000, it is a second-degree offense. The trier of fact (i.e., the judge or jury) will decide the value of the vehicle.
Receiving a Stolen Vehicle
If a person receives or brings a stolen motor vehicle into New Jersey, knowing it is stolen or believing it probably was stolen, they may be charged with receiving a stolen vehicle under New Jersey Law. This is a third-degree offense unless the vehicle's value is more than $75,000, which is a second-degree offense. New Jersey law allows for a presumption that the person receiving a vehicle knew or suspected it was stolen if they bought it without a title or proper documentation.
Entering or Riding in a Stolen Vehicle
Sometimes, a student may ride in (or on) a vehicle stolen by someone else. Unfortunately, this may be charged as a fourth-degree offense, punishable by up to 18 months in prison. If the passenger in or on a stolen vehicle exercises some control over it and knows it was stolen, they may also be charged.
Soliciting a Juvenile to Steal a Car
If you are 18 or older and ask a person under 18 to assist in taking an automobile, you may be charged with a second-degree offense involving 5-10 years of jail time and a substantial fine. This charge does not require actual knowledge that the person solicited was under 18 at the time, and even a good faith belief that the person was over 18 is not a defense.
Participation in an Auto Theft Ring
In New Jersey, crimes involving auto theft rings and facilities are severely punished. Maintaining a facility for the sale of stolen vehicles is a second-degree offense, punishable by 5-10 years in prison and a fine of $150,000. Leading an auto theft ring is a second-degree offense, punishable by 5-10 years in prison and a fine of up to $250,000 or 5 times the value of the vehicles taken.
Carjacking
If a vehicle is taken by force or by threatening another with bodily harm or injury, it is carjacking under New Jersey law. Carjacking is a first-degree offense, punishable by 10-30 years in prison. Under the statute, the offender will not be eligible for parole for the first five years of a sentence.
As serious as these offenses and penalties are, the punishment will not end here but may involve additional penalties.
Additional Penalties for Motor Vehicle Theft in NJ
The penalties do not stop at jail time but can involve additional penalties, including:
- For a first offense, an additional fine and loss of your New Jersey driver's license for one year.
- For a second offense, a larger fine and the loss of your New Jersey driver's license for two years.
- For a third or later conviction, additional fines, and the loss of your NJ driver's license for 10 years.
- If a person involved in the theft is under 17, their eligibility for a New Jersey license may be postponed for up to ten years.
- If the vehicle taken was worth more than $7,500 and was not recovered, the person taking it may be forced to pay the full value of the lost vehicle.
So, if you are convicted of motor vehicle theft (including theft of a motorized bike or scooter) in New Jersey, you can face paying the cost of the vehicle, plus hefty fines and losing your driver's license for one year up to ten years.
Defending New Jersey Motor Vehicle Theft Charges
Anyone charged with a motor vehicle theft crime should first understand that an indictment is an accusation, and it does not mean that you are assumed guilty or that you are going to prison. You have a right to a strong and vigorous defense, and the Lento Law Firm Criminal Defense Team is ready to provide it.
How will the Lento Law Firm defend you if you are charged with motor vehicle theft in New Jersey? We will:
- Represent you at the arraignment and ensure you are released on bond and under terms to preserve your life and schedule. Ideally, we want you to continue with your college education.
- Investigate and find issues and problems with the prosecution's case. Maybe this means a chain of custody issue or simply a failure to establish the essential elements of the crime you are accused of.
- Conduct discovery to uncover evidence that might exonerate you or mitigate the penalty.
- Use evidence discovered to argue for dismissal or reduction of charges at the pre-trial phase.
- File pretrial motions to exclude or limit the use of evidence.
- Seek participation in Pre-Trial Intervention (PTI) or other programs to prevent you from having a criminal record.
- Represent you at trial, if necessary.
- File post-trial motions or file appeals.
The Lento Law Firm Criminal Defense Team has successfully represented countless students in New Jersey. We understand what's at stake and how to preserve your future and reputation.
Rights and Defenses to Motor Vehicle Theft
A person accused of any type or level of motor vehicle theft in New Jersey has many rights and affirmative defenses. First, you have a right to an attorney, and you should hire an attorney able to provide a tough and robust defense. The prosecution must prove the charges beyond a reasonable doubt, which may be formidable. If a defendant is held in custody, they have a right to seek bail.
Some potential defenses to auto theft charges include:
- Mistake of Fact, including mistaken identity or an alibi when the theft occurred.
- Consent, or a bona fide belief that the owner has given you permission to use the vehicle.
- Lack of intent or a failure of the prosecutor to prove that you intended to deprive the vehicle's owner.
Other defenses may involve the chain of custody of evidence, false or unreliable witnesses, or the prosecutor's failure to establish who owned the vehicle in question.
Pre-Trial Intervention (PTI)
In some cases, the Lento Law Firm may be able to negotiate for Pre-Trial Intervention, an alternative program for nonviolent first-time offenders. Participants typically participate in the program for 1-3 years but avoid jail time and a criminal record if they complete it. If you are a veteran, you may be able to participate in the Veteran's Diversion Program if you have experienced mental health issues.
New Jersey College and University Motor Vehicle Theft Policies
Motor vehicle thefts on college campuses in NJ are skyrocketing, particularly thefts involving electric cars, bikes, and scooters. All NJ colleges and universities have some code of conduct prohibiting theft, including motor vehicle theft. University policies on the theft and damage of property are typically more restrictive than state or local laws. Even if the criminal charges are dismissed, you may face a code of conduct disciplinary proceedings. If the university finds you have violated university policy, you may face sanctions, suspension, or even expulsion.
New Jersey University Disciplinary Policies
If you've been charged with a crime in New Jersey, your school may delay taking action against you and wait on the outcome of criminal charges. Alternatively, the university may take disciplinary action against you immediately, and they may continue with disciplinary charges even if the criminal charges are dismissed. It is also important to note that your college or university may seek disciplinary charges against you even if no criminal charges are filed against you. For example, the Rutgers student code of conduct provides that:
“Students may be held accountable for their behavior through both the criminal system and the University conduct process. University conduct proceedings may be carried out prior to, simultaneously with, or following civil or criminal proceedings at the discretion of the Chief Conduct Officer (or their designee) on each campus. Disciplinary action, decisions, and/or sanctions shall not be subject to change because criminal charges were dismissed, reduced, or resolved in favor of the student. University community members are not precluded from filing a civil or criminal charge against a student before, while, or after the University pursues disciplinary action.
This means Rutgers (and most other NJ universities and colleges) will impose discipline based on pending criminal charges. Theft of any kind can result in discipline at Rutgers, and motor vehicle theft accusations on campus will likely result in college disciplinary proceedings.
If you are a student facing criminal charges in New Jersey, you need an attorney to defend and advise you on both the criminal charge and potential university discipline. Regarding your future and long-term success, having an attorney for the college disciplinary process is as important as having criminal defense counsel. The right attorney can advise you on both and help you navigate through interviews and proceedings on campus.
The Lento Law Firm Team is a Skilled NJ Criminal Student Defense Team
The Lento Law Firm team is experienced in criminal defense, and we represent clients vigorously and aggressively. We are a particularly good choice for college students charged or accused of criminal activity because we are also a premier student defense firm. We have represented countless students who face suspension or expulsion because of criminal allegations, including theft. This means we can advise you on handling criminal charges while preserving your rights and status as a student. Let the Lento Law Firm guide you through this challenging time, no matter the charges you face. We know your future involves a college degree and a profession, and we want to help you keep your dreams and plans. Invest in an experienced criminal attorney who understands how to represent and defend students. Call the Lento Law Firm at 888.535.3686 or contact us online, and we will reach out to you.
