Receiving Stolen Property – 2C:20-7a
Parsippany Receiving Stolen Property Lawyers
Criminal Defense Attorneys in Morris County, New Jersey
Receiving Stolen Property NJSA 2C:20-7a
It is against the law to be in possession of stolen property in New Jersey, nor can a person knowingly take possession of stolen property. If you have been charged with receiving stolen property, you could be facing severe consequences, including prison time, fines, and a permanent criminal record, without proper legal representation. Depending on the estimated monetary value of the property involved in the alleged offense, the penalties for receiving stolen property become increasingly severe. For example, a conviction for second degree receiving stolen property could result in a sentence of 10 years in NJ State Prison.
The Tormey Law Firm is a skilled and knowledgeable group of criminal defense lawyers who have extensive experience representing clients charged with theft and fraud offenses, including receiving stolen property, burglary, and shoplifting throughout Morris County and New Jersey, including in Morris Township, Madison, Dover, Mount Olive, Denville, and Morristown. Our managing partner, Travis J. Tormey, was featured in the Daily Record in Morris County regarding several shoplifting cases he handled and the immigration consequences and penalties involved. Our criminal defense attorneys have successfully handled thousands of cases in New Jersey, in Superior Court (indictable/felony level offenses) and Municipal Court (disorderly persons/misdemeanor level offenses).
Here at the Tormey Law Firm, we care about our clients. We also understand the stress and fear that a person charged with a theft crime experiences. If you or a loved one has been charged with receiving stolen property or another theft crime in Morris County or elsewhere in New Jersey, contact the Tormey Law Firm in Morristown anytime at 866-949-6948 for a free consultation.
Receiving Stolen Property in New Jersey: N.J.S.A. 2C:20-7a
The Criminal Statute for receiving stolen property, N.J.S.A. 2C:20-7a, sets forth:
a. 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 property.
b. 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.
New Jersey Penalties for Receipt of Stolen Goods
Receiving stolen property charges are graded based on the dollar value of the property which was allegedly stolen. These charges can be indictable in nature, meaning that they must be handled at the Superior Court in the county in which the alleged offense occurred. On the other hand, they can also be municipal criminal charges known as disorderly persons offenses, which will be handled in the local municipal court.
| Degree |
Circumstances |
| 2nd Degree Receiving Stolen Property: five (5) to 10 years in NJ State Prison) |
|
| 3rd Degree Receiving Stolen Property: three (3) to five (5) years in NJ State Prison |
|
| 4th Degree Receiving Stolen Property: 18 months in NJ State Prison |
|
| Disorderly Persons Receiving Stolen Property: 6 months in county jail |
|
Frequently Asked Questions (FAQ) Regarding Receiving Stolen Property Charges in NJ
FAQ: How do I know if I’m facing a felony or misdemeanor receiving stolen property charge? Felony is anything that was valued at over $200. Otherwise, if it’s less than $200, it’s a disorderly persons (misdemeanor) charge.
FAQ: How do I know which court to appear in? It should say on your summons complaint. All disorderly persons offenses will be handled in the local Municipal Court in the town you were arrested and charged in. All felony cases must be transferred to the Morris County Superior Court and will be handled by the Morris County Prosecutor’s office.
FAQ: Am I going to jail? You are facing jail time but the amount of jail you’re facing depends on the degree of your charges (the value of the property that you were allegedly in possession of determines the degree of your offense). And your prior criminal record (if any) is also very important.
FAQ: Can I get PTI or a conditional dismissal? If you have no prior record and you have never used a diversionary program before then you should be eligible.
Contact a Morristown Receiving Stolen Property Lawyer Today
Due to the fact that theft crime convictions have severe consequences, it is imperative that you contact an experienced criminal defense attorney to combat these serious charges. The skilled lawyers at the Tormey Law Firm have developed advanced defense strategies that we use to help clients beats their receiving stolen property charges. For example, if you had no way of knowing that the property was in fact stolen, then we may be able to get the charges against you dismissed. Beyond that, we may be able to help you avoid conviction if you took possession of the property for the express purpose of restoring it to its rightful owner.
Our Morris County criminal defense attorneys know how to win these cases. If you or a loved one has been charged with receiving stolen property or another theft offense in Roxbury, Rockaway, Jefferson Township, Montville, Netcong, or elsewhere in New Jersey, contact the Tormey Law Firm anytime at 866-949-6948 for a free consultation.
