New Jersey Larceny Defense Lawyer
Attorney for Larceny Charges in New Jersey
In many jurisdictions, the crime involving taking another person’s property with the intention of permanently depriving them of it is known as “larceny.” New Jersey law, however, refers to these types of offenses as “theft” and recognizes various degrees and types of theft crimes based upon the circumstances of a particular incident. As a result, no one is officially “charged with larceny” in New Jersey. Some of the theft crimes recognized by New Jersey state law include the following:
- Theft by unlawful taking or disposition
- Theft by deception
- Theft by extortion
Theft of property
, lost, mislaid, or delivered by mistake
People who are accused of these and crimes related to theft face extremely serious criminal penalties, including fines, probation, restitution, community service, and even jail time. Those who are convicted may also experience significant collateral consequences in other areas of their lives, including sanctions imposed by their work or school. Fortunately, in many cases, the representation of an experienced attorney can have a significant impact on the way a criminal case is resolved and may even result in the case against the accused being completely dropped.
Petty vs. Grand Larceny Charges
Many people are under the mistaken impression that New Jersey law recognizes two levels of larceny or theft, broken into “petty” and “grand” offenses. As discussed above, New Jersey law does not recognize the offense of larceny at all. It grades theft offenses based upon the value of the property taken, as well as the circumstances under which the property was taken. The degrees of crime that theft constitutes are based upon property value and are detailed below.
- $75,000 or more – 2nd-degree crime
- Between $500 and $75,000 – 3rd-degree crime
- Between $200 and $500 – 4th-degree crime
- Under $200 – Disorderly person’s offense (often referred to as “petty theft” or “petty larceny” in other jurisdictions)
Importantly, even a disorderly person’s offense conviction can land a person in jail for up to six months. As a result, people who are accused of minor offenses involving shoplifting goods with a relatively small monetary value should be certain to retain legal counsel as soon as possible.
Some of the other forms of theft that are specified as certain degrees of crimes include the following:
- Theft by extortion is a crime of the 2nd degree
is a person’s benefits under federal or State law, or from any other source, which the Department of Human Services or an agency acting on its behalf has budgeted for the person’s health care and the amount involved is $75,000.00 or more
- Theft of a firearm, motor vehicle, horse, boat, domestic companion animal or airplane is a crime of the 3rd degree
- Theft from the person of the victim is a crime of the 3rd degree
Defenses for Theft Charges
In many theft cases, there are legal defenses available that, if properly raised, may be able to mitigate the penalties an individual may be facing and may even result in a case being completely dismissed or dropped by the state. These defenses are often technical in nature and may not be apparent to a person who has not had any legal training, so it is important for anyone accused of theft to have the circumstances of their case reviewed by an attorney familiar with defending people who are accused of theft. Some of the more commonly raised defenses include the following:
- The individual accused of
did not mean to take the property at issue
- The property at issue actually belonged to the person accused of theft
- Law enforcement authorities obtained evidence in a way that violated the defendant’s constitutional rights
- Mistaken identity
When you retain attorney Ronald J. Brandmayr, he will thoroughly analyze every aspect of your case and determine whether these or any other defenses may apply. Even in cases in which there are no legal defenses available, Mr. Brandmayr can often reach a favorable plea agreement that avoids the serious legal penalties and may even avoid a conviction from being entered on your criminal record.
Contact a New Jersey Theft Defense Attorney Today to Schedule a Free Case Evaluation
If you have been accused of a crime related to the theft of property, you should talk to a lawyer immediately. Ronald Brandmayr is an experienced New Jersey theft attorney who is committed to protecting the legal rights of members of the community who have been accused of crimes. To schedule a free consultation with an experienced New Jersey theft defense lawyer, call the Law Office of Ronald J. Brandmayr, Jr. today at 732-409-5195 or send us an email through our online contact form.