In 2023, there were over 130,000 non-violent crimes reported across New Jersey. Property and theft-related offenses are among the most prevalent criminal charges. Individuals accused of these crimes should be aware of the potentially severe consequences, including incarceration, substantial fines, probation, and other legal penalties.
Beyond immediate legal ramifications, a conviction can have long-lasting effects on one's life. A criminal record may significantly impact your future employment prospects, housing opportunities, educational pursuits, professional licensing, and immigration status. These far-reaching consequences underscore the importance of understanding one's rights and options when facing property or theft charges.
Getting advice from an experienced attorney is crucial in navigating the complexities of the criminal justice system and potentially mitigating the impact of such allegations. If you or someone you know has been charged with a property or theft-related crime, it is important to reach out to an experienced criminal attorney as soon as possible. The Lento Law Firm has years of experience helping individuals in similar situations. They will help you navigate the complex legal system in New Jersey and create a strategic defense that is sure to guarantee the best possible outcome. Call the Lento Law Firm today at 888-535-3686 today or schedule a consultation online.
Initial Stages of Criminal Actions in New Jersey
The preliminary stages of criminal actions in New Jersey involve several key steps that set the foundation for the legal process. These stages are crucial for both law enforcement and the accused as they establish the framework for how a case will proceed.
The process typically begins with an investigation by law enforcement officials. They gather evidence, interview witnesses, and collect any relevant information related to the alleged crime. If sufficient evidence is found to establish probable cause, a criminal complaint will be filed.
Following the investigation, if probable cause exists, an arrest may be made. However, it's important to note that an arrest doesn't always occur immediately after a crime is reported or investigated. It can take some time, so being ready at any given moment to defend yourself is incredibly important.
After an arrest, the defendant makes their first appearance before a judge. This crucial step, known as the initial appearance, serves a number of purposes, including:
- Giving the judge time to inform the defendant of the charges against them.
- Allowing the defendant to be advised of their legal rights, including the right to an attorney and the right to remain silent.
- Having the court consider whether to release the defendant on bail or keep them in custody until trial.
During the initial appearance, the court will conduct a formal arraignment to have the charges officially read to the defendant, give the defendant time to enter a plea and determine whether legal representation is provided by the court or privately hired by the defendant.
Following the initial appearance, the New Jersey Division of Criminal Justice will review the charges to determine if there's sufficient evidence to support them. This stay may involve plea bargaining, where the prosecution offers a deal in exchange for a guilty plea, potentially resulting in a reduced sentence for the defendant.
For some cases, especially those involving indictable offenses, there may also be a pre-trial detention period. Additionally, New Jersey offers a Pre-Trial Intervention option for certain offenses, which can provide the defendant with an alternative to traditional prosecution.
Understanding these initial stages is crucial for anyone involved in the criminal justice system in New Jersey. Each step plays a vital role in ensuring due process and setting the court for how a case will proceed through the legal system.
Common Crimes Involving Property and Theft
While there are many crimes that involve property and theft, the most common are listed below.
Arson
Arson offenses in NJ are categorized into three degrees of severity. Third-degree arson occurs when an individual:
- Recklessly starts a fire or causes an explosion,
- The act potentially endangers another person,
- Or it may damage or destroy a building, structure, or forest.
Second-degree “aggravated” arson is more serious than third-degree arson and applies when someone:
- Intentionally creates a fire or explosion,
- Knows their action puts another person in danger,
- Or is aware it is likely to damage or destroy a building, structure, or forest.
First-degree arson is the most severe category of arson. It applies when:
- An individual is hired or paid to commit arson.
- They carry out acts that would otherwise qualify as second-degree arson.
Each degree carries progressively harsher penalties, reflecting the increased culpability and potential for harm associated with more serious arson offenses. For example, third-degree arson has the potential for a prison sentence of 3 to 5 years, a fine of up to $15,000, and a presumption of non-incarceration if the defendant has no prior convictions. However, aggravated arson carries a prison sentence of 5 to 10 years, a fine of up to $150,000, and is subject to the No Early Release Act, which requires a defendant to serve at least 85% of their sentence and additional liability for costs of emergency service personal responding to the fire. First-degree arson carries a prison sentence of 10 to 20 years, a fine of up to $200,000, and, in special cases where the defendant allegedly targeted a place of worship, it can include 15 years without parole.
Bad Checks
When someone knowingly writes a check that will not be honored by the bank, New Jersey law considers this a disorderly offense if the amount written is under $200. If the amount written is between $200 and $1,000, it is considered a fourth-degree offense. But if it is between $1,000 and $75,000, it is considered a third-degree offense, and if it is over $75,000, it is a second-degree offense.
Burglary
If an individual unlawfully enters a structure or dwelling to commit a criminal offense, they can be charged with burglary in New Jersey. Under this law, “unlawfully” indicates that the defendant was not licensed, privileged, or given permission to enter the structure or dwelling. Usually, this crime is charged as a third-degree offense, but if the intruder is armed or attempts to cause bodily injury, it is considered a second-degree offense.
Criminal Mischief
In instances where an individual knowingly damages someone's real property, usually because of trespassing or vandalism, it is considered criminal mischief. If the damage is under $500, the defendant can be charged with a disorderly offense, but if it exceeds $500, it is considered a fourth-degree offense. And any damage that hits $2,000 will be considered a third-degree offense.
Criminal Trespassing
When a person unlawfully enters a structure, despite knowing they aren't permitted to be there, they will be charged with criminal trespassing. Typically, criminal trespass is charged as a disorderly offense, but if the person trespasses into a school or research site, the charge is elevated to a fourth-degree offense.
Forgery
If a defendant is caught altering, defacing, or otherwise changing some form of an access device for unlawful purposes, they are committing a forgery. To prove this offense, the prosecutor must show that the defendant acted with intent to defraud by using a forged instrument that they presented as being genuine. Under this law, forgery is a fourth-degree offense unless it involves items such as governmental or property-related documents, investment vehicles, and medical prescriptions. Then, it is considered a third-degree criminal offense.
Impersonation or Identity Theft
For the prosecution to prove criminal theft of identity, they must show that the defendant intentionally impersonated or assumed a false identity to obtain a benefit or to injure or defraud someone else. When the defendant is a first-time offender, and the damage is less than $500, they are charged with a fourth-degree crime. However, if the offense exceeds $500, it becomes a third-degree crime. But if it exceeds $75,000, or the person has stolen five or more peoples' identities to obtain a benefit, it becomes a second-degree offense.
Receiving Stolen Property
A defendant can be accused of theft when they receive stolen property, whether or not they know or believe it is stolen. If the stolen property is valued at less than $200, it is considered a disorderly person offense. But if it is between $200 and $500, it is considered a fourth-degree offense. If it is valued at over $500 but less than $75,000, it is considered a third-degree offense. When it is valued at over $75,000, it is considered a second-degree offense.
Shoplifting
In New Jersey, shoplifting is charged when a defendant intentionally assumes possession of retail merchandise without paying for it. When the value of the item is under $200, they are charged with a disorderly offense. If it is between $200 and $500, it is considered a fourth-degree offense. Anything between $500 and $75,000 is escalated to a third-degree offense, but over $75,000 is brought to a second-degree offense.
Unlawful Taking of Means of Conveyance (Motor Vehicle)
Individuals accused of unlawfully taking a motor vehicle is a lesser offense compared to motor vehicle theft. When a defendant takes control of another person's automobile or other means of transportation temporarily, often referred to as “joyriding,” it is considered a fourth-degree offense. This crime escalates to a third-degree offense when the defendant then operates the vehicle in a reckless manner that could cause injury or property damage.
Understanding Criminal Sentencing & Penalties in New Jersey
While most other states define the levels of severity of criminal offenses as misdemeanor or felony, New Jersey separates crimes into either indictable crimes or disorderly person offenses. Additionally, NJ is hesitant to use presumptive sentences and instead opts to give courts latitude regarding non-violent offender sentencing. Depending on the crime alleged and the particular defendant, the court may decide to offer them an interventional or diversionary program with an alternative sentence or downgrade their sentence when they see mitigating factors present that substantially outweigh the aggravating ones. Alternatively, the court can impose more stringent minimum prison sentences when a defendant is armed during a crime or when the crime is considered a crime of violence.
How the Lento Law Firm Criminal Defense Team Can Help
As experienced criminal defense attorneys in New Jersey, the Lento Law Firm Criminal Defense Team understands the complexities and serious consequences of property and theft crimes. We have helped several clients navigate these challenging legal situations, and we're committed to providing robust defense strategies tailored to each unique case.
When you're facing charges related to property or theft crimes in New Jersey, the Lento Law Firm will thoroughly examine every aspect of your case, including reviewing police reports and witness statements, analyzing physical evidence and surveillance footage, addressing the legality of searches and seizures, and identifying potential weaknesses in the prosecution's case.
After their evaluation, they will then develop a customized defense strategy that might involve challenging the admissibility of evidence, questioning witness credibility, exploring alternative explanations for the alleged crime, and negotiating with prosecutors for reduced charges or dismissal.
However, in instances where a defendant's case goes to trial, the experienced defense attorneys at the Lento Law Firm will present a compelling defense to the jury and judge, cross-examine the prosecution's witnesses effectively, introduce exculpatory evidence, and persuasively argue for your innocence or reduced culpability.
In property and theft crime cases, your criminal defense attorney may rely on various defenses, depending on the specifics of your case, like lack of intent to deprive the owner of property, mistaken identity, claim of right or ownership, and entrapment. Whatever the case, the competent and skilled criminal defense attorneys at the Lento Law Firm can help. Early intervention can often lead to better outcomes. Reach out to our offices immediately for a confidential consultation.
And remember, an arrest or charge is not the same as a conviction. With the right legal representation, you have a chance to protect your rights, your freedom, and your future. Don't let property or theft charges derail your life. Call 888-535-3686 today or schedule a consultation online.