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Multiple factors may determine the degree of crime charged for a property crime, such as the value of property involved.
Minor criminal charges (disorderly persons offenses) in New Jersey are heard in the municipal court where the charge was filed or where the defendant lives. More serious, indicatable offenses are transferred to the county Superior Court.
The degree of offense charged will dictate the severity of punishment possible upon a conviction. Some violations have specific statutory punishment, but generally under New Jersey law:
- A person convicted of a petty disorderly persons offense may be ordered to pay a fine of up to $500.
- A person convicted of a disorderly persons offense may be ordered to pay a fine of up to $1,000.
- A person convicted of a fourth-degree offense may face up to 18 months in prison and be ordered to pay a fine of up to $10,000.
- A person convicted of a third-degree offense may face 3 to 5 years in prison and be ordered to pay a fine of up to $15,000.
- A person convicted of a second-degree offense may face 5 to 10 years in prison and be ordered to pay a fine of up to $150,000.
- A person convicted of a first-degree offense may face 10 to 20 years in prison and be ordered to pay a fine of up to $200,000.
Many property crime offenses are minor crimes, but the severity of punishment increases with the value of the property involved. Theft crimes are punished with increasing severity as the value of stolen property and/or the threat or infliction of personal harm to the victims increases.
Because punishment for property offenses varies, and because typically no person is intentionally harmed, there is ample opportunity to negotiate a lesser charge or to have charges dropped for a remorseful defendant willing to make restitution.
But because prosecutors have a duty to seek convictions, they will not and cannot point out to a defendant the opportunities to avoid a guilty verdict for even the lowest-level property crime. To take advantage of what is allowed under New Jersey law, it is crucial to engage a criminal defense attorney experienced in New Jersey courts as soon as possible after being arrested for a property crime.
Our Attorneys Can Help You Fight Property Crime Charges
Property crimes involve a violation of another person’s right to use, enjoy or possess a piece of personal, real or virtual property. Typically, property is damaged, destroyed or stolen, but the victim is not personally harmed. However, a property crime may be facilitated by threat or infliction of personal harm or injury, such as in a strong-arm or armed robbery.
Regardless of the type of property crime a person has been charged with, without a guilty plea, the prosecutor must prove the case beyond a reasonable doubt to obtain a conviction.
All defendants have the Constitutional right to a robust legal defense that thoroughly challenges the prosecution’s case and seeks the best outcome available to the defendant.
The attorneys of the Pagliara Law Group can provide that quality of representation. We will protect your rights and fight for a resolution to your case that preserves your freedom and your future.
Contact us as soon as possible after an arrest or indictment for a property crime in New Jersey so we can:
- Immediately seek your (or your loved one’s) release from custody. We will seek release on the detainee’s own recognizance (ROR) or the lowest bail available.
- Begin investigating the charges against you, including determining whether there was police or prosecutorial misconduct, or the prosecution’s case contain flaws, such as:
- Illegal arrest, including failure to read your Miranda rights against self-incrimination
- Illegal search and seizure
- Mistaken identity, which may be as based on a faulty suspect lineup
- Lack of credible witnesses
- Faulty or fabricated testimony
- Racial, ethnic, socio-economic, gender, sexual orientation, age, or other bias
- Faulty forensic testing (particularly regarding DNA evidence)
- Make pre-trial motions to have the court exclude discredited or disputed evidence from further proceedings.
Our attorneys have experience across the state that has allowed them to develop the professional relationships needed to reach out immediately to local prosecution teams. We can assess initial evidence in a case and begin to bargain to have charges dismissed or reduced.
We will also conduct our own investigation to develop evidence for reducing or dropping charges, and to ensure we have a strong and persuasive defense strategy in place if a trial is necessary. Potential defenses may include but are not limited to:
- Inability to establish ownership of / rights to the property in question
- Defendant’s honest, or bona fide, claim of right to the property
- Lack of intent to damage property or permanently deprive owner of the property
- False claim of damage or extent / value of damage to property
- Coercion, entrapment, or some inducement by another for the defendant to commit the alleged crime
- Mental impairment at the time of the alleged that prevented understanding of right and wrong or the consequences of the defendant’s actions
Depending on the case, making restitution to the alleged victim in a property crime case could persuade them to withdraw charges. Our attorneys and legal staff are compassionate and skilled negotiators who can make such an overture as circumstances make it appropriate.
Every day in New Jersey courts, experienced defense attorneys like ours find opportunities to have their clients’ property crime charges reduced or dismissed without going to court, and clients who must go to court are found not guilty.
Our attorney working for you may be able to arrange a plea that leads to Conditional Discharge probation or Pre-Trial Intervention (PTI), New Jersey’s primary diversion program for nonviolent first-offenders.
New Jersey’s Veterans’ Diversion program is for active military members and retirees accused of nonviolent crimes who have been diagnosed with mental illness or who have demonstrated symptoms of mental illness in front of law enforcement, family members or friends. A service member or retiree charged with a property crime may be able to avoid trial and a criminal record, and receive other assistance, through this program.
If you are dealing with property crime charges of any kind anywhere in New Jersey, call us
