Clifton NJ Receiving Stolen Property Lawyer
Criminal Defense Attorney in Passaic County, New Jersey
Being charged with the crime of Receiving Stolen Property is associated with a term of incarceration and a number of other collateral consequences, including a requirement that you pay restitution to the alleged victim for his/her loss. Having an aggressive, experienced defense lawyer to guide you through the legal process is invaluable.
Criminal defense attorney Alissa D. Hascup represents clients throughout New Jersey, including Totowa, Paterson, Haledon, and Clifton who have been charged with theft offenses such as receiving stolen property, shoplifting, theft of services, and theft by deception. She is prepared to attack the State’s case and put you in a position to achieve the best possible result.
She has successfully handled countless cases in New Jersey, in Superior Court (indictable/felony level offenses) and Municipal Court (disorderly persons/misdemeanor level offenses). Ms. Hascup is a former domestic violence prosecutor and special deputy attorney general. During the course of her career with the Morris County Prosecutor’s Office, she handled cases ranging from Homicide (murder) and aggravated assault to robbery and weapons offenses. Now she is fighting for you. Contact Ms. Hascup’s office anytime for an initial consultation, which is always provided free of charge.
Receiving Stolen Property in New Jersey: N.J.S.A. 2C:20-7a
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.
Grading (Degree) of Receiving Stolen Property Crimes in New Jersey:
Receiving Stolen Property constitutes a crime of the Second Degree (punishable by a term of incarceration between 5 and 10 years in New Jersey State Prison) if:
- The amount involved is $75,000 or more;
- The property is taken by extortion; or
- The property stolen is a controlled dangerous substance (“CDS”) and the quantity is in excess of one kilogram.
Receiving Stolen Property constitutes a crime of the Third Degree (punishable by a term of incarceration between 3 and 5 years in New Jersey State Prison) if:
- The amount involved exceeds $500 but is less than $75,000;
- The property stolen is a firearm, motor vehicle, vessel, boat, horse, domestic companion animal or airplane;
- The property stolen is a CDS and the amount involved is less than $75,000 or is undetermined and the quantity is one kilogram or less;
- It is from the person of the victim; or
- The property stolen is a New Jersey Prescription Blank.
Receiving Stolen Property constitutes a crime of the Fourth Degree (punishable by a term of incarceration up to 18 months in New Jersey State Prison if):
- The amount involved is at least $200 by does not exceed $500.
Otherwise, Receiving Stolen Property constitutes a disorderly persons offense (punishable by a term of incarceration up to 6 months in the county jail).
Contact a Wayne NJ Receiving Stolen Property Lawyer for a Free Consultation
The consequences of a Receiving Stolen Property conviction can be serious. It is critical to protect your freedom and your rights through hiring experienced legal representation. Alissa D. Hascup is available anytime to speak with you regarding your case. Call or email her right away for a free consultation.