Under New Jersey criminal law, theft and larceny are typically used interchangeably. Regardless of which term you use, it is considered a serious offense associated with harsh punishments. You may have recently been accused of such, and not entirely clear as to why. Well, in this case, please follow along to find out the types of actions that may prompt a larceny charge and how a proficient Morristown criminal defense lawyer at Graves Andrews, LLC, can educate you on the gravity of your situation.
What actions call for a larceny charge in New Jersey?
Generally speaking, larceny is the criminal act of taking property that belongs to another party. Such property may be tangible and movable or intangible and unmovable. Specifically for movable property, this may be defined as unlawfully taking or exercising unlawful control of another’s property with the intent to deprive them of it. For immovable property, this is unlawfully transferring any interest in another’s property to benefit yourself or someone else who is not entitled to these benefits.
Nonetheless, the following acts may fall under the umbrella of larceny, per New Jersey criminal law:
- Auto larceny: taking a car or other motor vehicle from its rightful owner.
- Shoplifting: taking merchandise from a retail store without paying for it.
- Larceny by deception: obtaining property under false pretenses or promises.
- Larceny of services: receiving services without an intention to compensate for them.
- Receiving stolen goods: knowing that property has been stolen but accepting it anyway.
How will the New Jersey criminal judge punish for a larceny offense?
Like other states, New Jersey criminal law grades larceny offenses based on the value of stolen property. With this, the judge may use the fair market value to determine your conviction. The theft grading and the associated consequences are as follows:
- Disorderly persons offense: if the value of the stolen property is less than $200.
- Up to 30 days in jail and possible fines.
- Fourth-degree indictable offense: if the value of the stolen property is between $200 and $500.
- Up to 18 months in jail and up to a $10,000 fine.
- Third-degree indictable offense: if the value of the stolen property is between $500 and $75,000.
- Three to five years in prison and up to a $15,000 fine.
- Second-degree indictable offense: if the value of the stolen property is $75,000 or more.
- Five to 10 years in prison and up to a $150,000 fine.
It is worth mentioning that regardless of the value, theft of a firearm, motor vehicle, boat, horse, domestic companion animal, or airplane may be charged as a third-degree indictable offense. As for extortion and theft of a controlled substance of one kilogram or more, this is a second-degree indictable offense.
You must retain legal representation before you even get close to hearing your ultimate sentence. So please, contact a talented Morristown criminal defense lawyer from Graves Andrews, LLC today.