Have you been accused of a theft crime in Freehold, New Jersey? You should meet with a Freehold theft crimes attorney for advice. The right lawyer will vigorously defend you against criminal charges. A strong defense is the best way to protect your freedom in Freehold, NJ.
The Freehold theft crimes attorneys at Noonan Personal Injury Lawyers, LLC, have over 40 years of combined experience. Our team understands that being charged with a crime is extremely stressful. That’s why we dedicate 100% to our clients, regardless of the facts of the case.
Contac our law office at (732) 303 7857 to learn more about your charges and our law firm during a free consultation.
How Noonan Personal Injury Lawyers, LLC, Can Help If You Are Arrested for a Theft Crime In Freehold, NJ
Hiring a Freehold criminal defense lawyer is one of the best decisions that you can make. When you are charged with a crime, the prosecutor will use all of their resources to make sure that you are convicted. If you stand up to the government alone, you are unlikely to win.
Noonan Personal Injury Lawyers, LLC, will stand up to the prosecutor every step of the way. Since 2007, our lawyers have protected clients against criminal charges in Freehold, NJ. We aren’t afraid to go to trial and fight to keep our clients out of jail.
When you retain Noonan Personal Injury Lawyers, LLC, as your lawyers, you can expect us to:
- Give candid legal advice
- Conduct an independent investigation into the case
- Review all discovery
- File motions, including bond motions, motions to suppress, and motions to dismiss
- Attend hearings by your side
- Negotiate for favorable plea deals
- Prepare for and go to trial
- Conduct sentencing hearings
We pride ourselves on having open and honest communication with our clients. This is the foundation of a strong attorney-client relationship, which may well be one of the most important relationships in your life.
Time is of the essence in a criminal case. Call our Freehold theft crimes attorneys so that we can get started on building a defense today.
Overview of Theft Crimes In New Jersey
Theft crimes in New Jersey can be serious. Depending on the type of theft and value of the stolen property, it may be charged as a disorderly person offense or indictable offense.
In NJ, a disorderly person offense is similar to a misdemeanor, and an indictable offense is similar to a felony.
There are three broad types of theft crimes in Freehold, NJ:
- Theft By Unlawful Taking
- Theft By Deception
- Theft By Extortion
Theft by unlawful taking happens when someone exercises unlawful control over another’s property. Usually, the property is movable, meaning a tangible object like a car. It can also include unlawfully transferring an interest in immovable property, like real estate.
When someone gets another’s property through deception, they give a false impression or make a promise they do not intend to keep to get another’s property. They may also withhold information that would affect the property owner’s judgment of a transaction.
Theft by extortion usually happens when someone unlawfully obtained property by threatening bodily injury or a criminal offense. It can also include getting property after wrongfully accusing someone of a charge, exposing a secret, or withholding testimony.
Specific Theft Crimes
In addition to the broad categories of theft, there are also specific theft crimes in the New Jersey Code of Criminal Justice.
The most common theft crimes are:
- Theft of a Motor Vehicle
- Theft of Lost Property
- Receiving Stolen Property
- Theft of Services
- Shoplifting
- Robbery
- Burglary
Our attorneys can help you no matter the type of theft charge that you face.
What Are the Penalties for Theft Crimes In Freehold, New Jersey?
The goal is always to have your case dismissed or to be found not guilty. However, if you are convicted, the penalty for theft crimes in Freehold, New Jersey can vary depending on several factors.
The factors include the specifics of the case and:
- The type of theft crime
- The value of the property
- The type of property
- Your prior criminal record
In general, the higher the value of the property, the higher the sentence. Furthermore, if you have a history of theft or have an aggravating factor in your case (like stealing a gun), you may also receive a greater sentence.
Penalty Ranges By Offense Grade
You can get a general range of penalty by looking at the gradation of the offense as charged. The sentence may include jail time, prison time, probation, a fine, or a combination.
The grades and sentencing ranges are as follows:
- Disorderly persons offense: up to six months in jail and a $1,000 fine
- Fourth-degree offense: up to eighteen months in jail and a $10,000 fine
- Third-degree offense: three to five years in prison and a $15,000 fine
- Second-degree offense: five to ten years in prison and a $150,000 fine
- First-degree offense: ten to twenty years in prison and a $200,000 fine
There is a wide range of sentences, even within a particular level of offense. A good attorney will argue for a lesser sentence if you are convicted. This will include giving favorable evidence about you to the court and pointing out mitigating circumstances in the case.
You should make sure to discuss the possibility of a conviction with your lawyer, as well as the plan for sentencing. No one wants to think about being convicted, but having a strategy if you are convicted can significantly lighten your punishment.
Sentences Via Plea Agreements
Sometimes, people choose to plead guilty to a theft crime. Often, this is because the prosecutor offers them a favorable plea agreement.
A plea agreement is an agreement between a defendant and the prosecutor to plead guilty in exchange for something. Usually it is in exchange for a lesser sentence.
However, a plea agreement could be in exchange for the following:
- The dismissal of other companion charges
- Pleading guilty to a lesser charge
- Pleading guilty to a different type of charge
- A known jail sentence
- Probation instead of jail time
- A cap on the sentencing range
When you plead guilty, the judge will decide whether or not to accept your plea and the agreement. Usually, a judge will accept a plea agreement and impose the requested sentence.
However, a judge does have the discretion to reject a plea if they believe that it is unfair. This rarely happens and usually only in the most egregious cases. Your lawyer will advise you of the rules surrounding plea agreements if you choose to accept a plea.
Always remember that it is your decision to plead guilty or fight the charges at trial. A lawyer cannot force you to plead guilty, even if it is their advice. The best lawyers are honest but willing to fight for you at trial, even if it’s an uphill battle.
Are There Defenses if I’m Accused of a Theft Crime?
There are many defenses if you are accused of a theft crime. Your lawyer will discuss the viability of each defense with you during the case.
In order to prove that you committed a crime, the prosecutor must prove beyond a reasonable doubt each element of the crime. To defend against this, your lawyer must show that there is reasonable doubt. This is called a defense.
For theft crimes, common defenses might include:
- Ownership of the property
- Permission to possess or take the property
- Entrapment
- Mistaken identity
- Lack of knowledge of stolen property
- Lack of control over the property
Usually, the prosecutor must also prove the value of the property. You may have a partial defense if your attorney can prove that the value of the property is less than the prosecutor asserts. This could lessen the severity of the charge and your punishment, even if you are convicted.
Procedural and Constitutional Defenses
Additionally, your lawyer may identify a procedural or constitutional defense in your case.
This commonly happens if the government collects evidence in violation of your constitutional rights. If your lawyer wins a motion to suppress, then the prosecutor may be forced to dismiss the charges for lack of evidence.
Other examples of constitutional and procedural defenses may include:
- Violations of the statute of limitations
- Double jeopardy
- Prosecutorial misconduct
- Jury/witness tampering
- Brady violations
Your lawyer should pursue every possible defense to give you the best chance at prevailing.
Schedule a Free Case Evaluation With Our Freehold Theft Crimes Attorney
Don’t waste time-fighting against your theft charges without a lawyer in Freehold, NJ. Your best bet in beating the case is to hire an experienced attorney who knows the ins and outs of theft crimes.
A Freehold theft crimes attorney at Noonan Personal Injury Lawyers, LLC is available to discuss your case during a free consultation. There’s no strings attached and no harm in getting more information. Contact an experienced attorney today at (732) 303 7857.