When you discover that the property you purchased or received was the result of theft, it can be incredibly nerve-wracking, especially if you learn of this through your arrest. As such, if you have been charged with possession of stolen property in New Jersey, it’s critical to understand your legal options. The following blog explores what you should know about this offense, including when it’s warranted, the penalties you can face if you are convicted, and the importance of working with experienced New Jersey & Pennsylvania criminal defense lawyers to explore the potential defenses you may be able to utilize.
What Does Possession of Stolen Property Mean Under NJ Law?
In general, you can be charged with possession of stolen property when you knowingly receive property you know to be stolen or that you have reason to believe is probably stolen. It’s critical to understand that you do not have to be charged with the actual theft of the property. Possession or control with knowledge of the theft warrants this charge under New Jersey law.
In order to be convicted of this offense, the prosecution must prove beyond a reasonable doubt that you knew or should have known the property was stolen. For example, if you purchase a designer watch on the street for $200, the prosecutor can argue that, based on the extreme price difference between its value and what you purchased it for and the circumstances under which you purchased the item, you should have known the watch was stolen property.
What Penalties Can I Face if Convicted?
The penalties you can face if you are found guilty of possession of stolen property will heavily depend on the value of the property in your possession. As such, you can face the following charges:
- Property valued under $200: Misdemeanor offense warranting up to six months in jail and fines of up to $1,000
- Property valued between $200 and $500: Fourth-degree felony carrying 18 months in prison and $10,000 in fines
- Property valued between $500 and $75,000: Third-degree felony carrying three to five years in prison and up to $15,000 in fines
- Property valued over $75,000: Second-degree felony warranting between five and ten years in prison with the potential for fines up to $150,000
Are There Any Defenses I Can Use?
In general, the most common defense that is used in these instances is to show that you had no idea that the property in your possession was stolen. This can include proving that you made the purchase in good faith, such as going through a legitimate source or receiving the property as a gift. Things like receipts, text messages, and order confirmations can help show that you had no belief or suspicion that the property was stolen.
As you can see, facing these charges is not something that should be taken lightly in New Jersey. That is why working with an experienced criminal defense attorney with the Vigilante Law Firm, P.C. is in your best interest. Our dedicated legal team understands how complicated the legal system can be to navigate, which is why we will do everything in our power to help you fight for the best possible outcome. Connect with our team today to learn how we can represent you during these tumultuous times.
