Camden NJ Theft of Movable Property Lawyer
What you may refer to as stealing, the New Jersey Criminal Code has codified as theft of movable property. Generally, theft of movable property involves the displacement of movable or immovable property that belongs to another. A common example is when a juvenile or adult steal a bicycle. The actually taking and removing of movable property results in a disorderly persons offense if the value of the item stolen is less than $200 and an indictable crime if the value is $200 or more. Once the value crosses the $200 threshold of and reaches the grade of a fourth degree crime, the severity of the penalties escalates if the value crosses into certain ranges. If the property involved exceeds $75,000.00, then the charges will be a second degree offense, may result in up to ten (10) years in a New Jersey state prison. Conversely, even if the property involved is under $200 you will still be facing up to six (6) months in prison. As you can see, theft of movable property charges will carry the possibility of prison and should never be taken lightly.
The Law Offices of Jonathan F. Marshall have former county and municipal prosecutors with over 100 years of cumulative experience. We represent individuals charged with theft throughout Camden County including in Winslow, Voorhees Township, Pennsauken, Lindenwold, and Haddon Township. If you would like to discuss theft charges further, contact our office for your initial consultation today with an attorney today.
What is Considered “Movable Property” For Purposes of a Cherry Hill Theft Charge?
There are five factors for the court to consider in a charge for theft of movable property.
- The property involved must be movable property.
- The movable property must belong to third party.
- The Defendant must have taken, disposed of, or exercised control over the property.
- It must be an unlawful “taking”.
- The Defendant must have taken the property with the intent to not return it.
Is a Gloucester Township Theft of Movable Property Charge a Felony?
In Haddonfield, and Camden County alike, felonies are referred to as indictable crimes and misdemeanors are labeled as non-indictable crimes. When dealing with theft of movable property, the value of the property will determine if the charges are indictable or non-indictable. If the value of the property involved exceeds $75,000.00, it is an indictable offense in the second degree. If the value of the property involved is at least $500 but less than $75,000.00, then it is an indictable offense in the third degree. If the value of the property involved is between $200 and $499, it is an indictable offense in the fourth degree. Theft of movable property with a value of less than $200 is a disorderly persons non-indictable offense and will be handled by the local municipality in which the offense occurred.
How Long Will I Go to Jail If I Am Convicted of Theft of Movable Property in Camden City?
Possibly. The length and likelihood of imprisonment varies based on the degree of the offense as well as your prior criminal record. If you are convicted of second degree theft of movable property, you will face up to ten (10) years in jail. Moreover, this second degree crime carries a presumption of incarceration at sentencing (this increases the likelihood that you will be sentenced to a term of imprisonment). If you are convicted third degree theft of movable property, the judge may impose a five (5) year term of incarceration. Fourth degree theft of movable property exposes you to eighteen (18) months in jail. Lastly, the one non-indictable offense (i.e. misdemeanor), disorderly persons theft of movable property, still carries up to six (6) months in the Camden County Jail.
If you or a loved one was arrested in Bellmawr, Berlin, Cherry Hill, Collingswood, Gloucester City or elsewhere in Camden County for theft, call our experienced criminal attorneys. A member of our defense team, possibly one of the attorneys with prosecution experience, will be happy to assist you. The consultation is free so give us a call.