NJ Theft of Services Defense Lawyer

Criminal Defense Attorney With Offices in Passaic County and Morris County, NJ

Being charged with the crime of Theft of Services leaves you exposed to a term of incarceration and a number of 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 in who have been charged with theft offenses such as theft of services, shoplifting, and credit card theft. She is prepared to attack the State’s case, positioning you to achieve the best possible result.

She has successfully defended countless cases in New Jersey’s Superior Courts (indictable/felony level offenses) and Municipal Courts (disorderly persons/misdemeanor level offenses). Now she is ready to fight for you.

Contact Ms. Hascup’s office anytime for an initial consultation, which is always provided free of charge.

Theft of Services in New Jersey: N.J.S.A. 2C:20-8

N.J.S.A. 2C:20-8 sets forth:

a. A person is guilty of theft if he purposely obtains services which he knows are available only for compensation, by deception or threat, or by false token, slug, or other means, including but not limited to mechanical or electronic devices or through fraudulent statements, to avoid payment for the service. “Services” include labor or professional service; transportation, telephone, telecommunications, electric, water, gas, cable television, or other public service; accommodation in hotels, restaurants or elsewhere; entertainment; admission to exhibitions; use of vehicles or other movable property. Where compensation for service is ordinarily paid immediately upon the rendering of such service, as in the case of hotels and restaurants, absconding without payment or offer to pay gives rise to presumption that the service was obtained by deception as to intention to pay.

b. A person commits theft if, having control over the disposition of services of another, to which he is not entitled, he knowingly diverts such services to his own benefit or to the benefit of another not entitled thereto.

Grading (Degree) of Theft of Services Crimes in New Jersey:

Theft of Services as a crime of the Third Degree:

a. Any person who, with the intent of depriving a telephone company of its lawful charges therefor, purposely or knowingly makes use of any telecommunications service by means of the unauthorized use of any electronic or mechanical device or connection, or by the unauthorized use of billing information, or by the use of a computer, computer equipment or computer software, or by the use of misidentifying or misleading information given to a representative of the telephone company is guilty of a crime of the third degree.

b. Any person who purposely or knowingly manufactures, constructs, sells, offers for sale, distributes or installs any equipment, device, computer, computer equipment, computer software or instrument designed or intended to facilitate the receipt of any telecommunications service and avoid the lawful payment of the charges therefor to the provider, in whole or in part, is guilty of a crime of the third degree.

c. Any person who purposely or knowingly maintains or possesses any equipment, device, computer, computer equipment, computer software, or instrument described in the above subsection, or maintains or possesses any equipment, device, computer, computer equipment, computer software, or instrument actually used to facilitate the receipt of any telecommunications service with intent to obtain such service and avoid the lawful payment, in whole or in part, of the charges therefor to the provider, is guilty of a crime of the third degree.

Theft of Services as a Disorderly Persons Offense:

a. Any person who, without permission and for the purpose of obtaining electric current, gas or water, with intent to defraud any vendor of electricity, gas or water or a person who is furnished by a vendor with electric current, gas or water:

(1) Connects or causes to be connected by wire or any other device with the wires, cables, or conductors of any such vendor or any other person; or

(2) Connects or disconnects the meters, pipes, or conduits of such vendor or any other person or in any other manner tampers or interferes with such meters, pipes, or conduits, or connects with such meters, pipes, or conduits by pipes, conduits, or other instruments–is guilty of a disorderly persons offense.

b. Any person who, without permission or authority, connects or causes to be connected by wires or other devices, any meter erected or set up for the purpose of registering or recording the amount of electric current supplied to any customer by any vendor of electricity within the State, or changes or shunts the wiring leading to or from any such meter, or by any device, appliance or means whatsoever tampers with any such meter so that the meter will not measure or record the full amount of electric current supplied to such customer, is guilty of a disorderly persons offense.

c. Any person who, with intent to obtain cable television service without payment, in whole or in part, of the lawful charges therefor, or with intent to deprive another of the lawful receipt of such service, damages, cuts, tampers with, installs, taps, or makes any connection with, or who displaces, removes, injures or destroys any wire, cable, conduit, apparatus or equipment of a cable television company operating a CATV system; or who, without authority of a cable television company, intentionally prevents, obstructs or delays, by any means or contrivance, the sending, transmission, conveyance, distribution or receipt of programming material carried by equipment of the cable television company operating a CATV system, is a disorderly person.

d. Any person who purposely or knowingly manufactures, constructs, sells, offers for sale, distributes or installs any equipment, device or instrument designed or intended to facilitate the interception, decoding or receipt of any cable television service with intent to obtain such service and avoid the lawful payment of charges therefor to the provider, in whole or in part, is a disorderly person.

e. Any person who purposely or knowingly maintains or possesses any equipment, device or instrument of the type described in the above subsection, or maintains or possesses any equipment, device or instrument actually used to facilitate the interception, decoding or receipt of any cable television service with intent to obtain such service and avoid the lawful payment of charges therefor to the provider, in whole or in part, is a disorderly person.

NOTE: In addition to any other disposition authorized by law, every person who violates this section shall be sentenced to make restitution to the vendor and to pay a minimum fine of $500.00 for each offense. In determining the amount of restitution, the court shall consider the costs expended by the vendor, including but not limited to the repair and replacement of damaged equipment, the cost of the services unlawfully obtained, investigation expenses, and attorney fees.

Contact a NJ Theft of Services Defense Lawyer to Discuss Your Case

The consequences of a Theft of Services conviction can be serious. Don’t delay in hiring legal representation to protect your freedom and your rights.

Alissa D. Hascup is available anytime to speak with you regarding your case. Contact her now for a free consultation.