THEFT OF PROPERTY LOST, MISLAID OR DELIVERED BY MISTAKE—N.J.S.A. 2C:20-6
Theft Property Lost
If you have been charged with violation of 2C:20-6 (Theft/lost)for goods worth $500.00 or more, you have expose to 3rd degree felony charges, jail time-minimum 3 years, max 5 years, monetary fines of up to $15,000.00 plus criminal record. In my 26 plus years of practicing criminal law, I have successfully handled many theft cases. Please contact me for an evaluation of your circumstances and vigorous and competent representation.
If you have been charged with violation of 2C:20-6 (Theft/lost)for goods worth $500.00 or more, you have expose to 3rd degree felony charges, jail time-minimum 3 years, max 5 years, monetary fines of up to $15,000.00 plus criminal record. In my 26 plus years of practicing criminal law, I have successfully handled many theft cases. Please contact me for an evaluation of your circumstances and vigorous and competent representation.
ILLUSTRATIVE EXAMPLE OF WHAT CONDUCT CONSTITUTES OFFENSE:
You own a retail soft ice cream parlor doing business as “Fairy Queen” located at 110 Main Street. Your competitor owns an ice cream parlor doing business as “Dairy Queen” located at 180 Main Street. One day a tractor trailor mistakenly delivers 1,000 gallons of milkshake mix to you which was ordered and paid for by Dairy Queen. You know it belongs to Dairy Queen because of the labeling on the product. However, you decide to remove the labeling, move it into your freezer and to sell it to your customers as if you were the rightful purchaser. You start loading the product into your machines and sell milkshakes to your customers. Have you just committed a serious criminal offense?
THE ACTUAL LAW–Theft/lost
“A person who comes into control of property of another that he knows to have been lost, mislaid, or delivered under a mistake as to the nature or amount of the property or the identity of the recipient is guilty of theft if, knowing the identity of the owner and with purpose to deprive said owner thereof, he converts the property to his own use.”
GRADING OF THEFT OFFENSES—N.J.S.A. 2C:20-2(b)
b. Grading of theft offenses.
(1) Theft constitutes an offense of the second degree if:
(a) The amount involved is $75,000.00 or more;
(b) The property is taken by extortion;
(c) The property taken is a controlled dangerous substance or controlled substance analog as defined by N.J.S.2C:35-2 and the quantity is in excess of one kilogram;
(d) The property stolen is a person’s benefits under federal or State law, or from any other source, which the Department of Human Services or an agency acting on its behalf has budgeted for the person’s health care and the amount involved is $75,000.00 or more; or
(e) The property stolen is human remains or any part thereof.
(2) Theft constitutes a crime of the third degree if:
(a) The amount involved exceeds $500.00 but is less than $75,000.00;
(b) The property stolen is a firearm, motor vehicle, vessel, boat, horse, domestic companion animal or airplane;
(c) The property stolen is a controlled dangerous substance or controlled
substance analog as defined in N.J.S. 2C:35-2 and the amount involved is less than $75,000.00 or is undetermined and the quantity is one kilogram or less; or
(d) It is from the person of the victim; or
(e) It is in breach of an obligation by a person in his capacity as a fiduciary; or
(f) It is by threat not amounting to extortion; or
(g) It is of a public record, writing or instrument kept, filed or deposited according to law with or in the keeping of a public office or public servant; or
(h) The property stolen is a person’s benefits under federal or State law, or from any other source, which the Department of Human Services or an agency acting on its behalf has budgeted for the person’s health and the amount involved is less than $75,000.00; or
(i) The property stolen is any real or personal property related to, necessary for, or derived from research, regardless of value, including, but not limited to, any sample, specimens or component thereof, research subject, including any warm-blooded or cold-blooded animals being used for research or intended for use in research, supplies, records, data or test results, prototypes or equipment, as well as any proprietary information or other type of information related to research; or
(j) The property stolen is a New Jersey prescription blank as referred to in R.S.45:14-14; or
(k) The property stolen consists of an access device or a defaced access device.
(3) Theft constitutes a crime of the fourth degree if the amount involved is at least $200.00 but does not exceed $500.00. If the amount involved was less than $200.00 the offense constitutes a disorderly persons offense.
(4) The amount involved in a theft shall be determined by the trier of fact. The amount shall include, but shall not be limited to, the amount of any State tax avoided, evaded or otherwise unpaid, improperly retained or disposed of. Amounts involved in thefts committed pursuant to one scheme or course of conduct, whether from the same person or several persons, may be aggregated in determining the grade of the offense.
b. Claim of right. It is an affirmative defense to prosecution for theft that the actor:
(1) Was unaware that the property or service was that of another;
(2) Acted under an honest claim of right to the property or service involved or that he had a right to acquire or dispose of it as he did;
(3) Took property exposed for sale, intending to purchase or pay for it promptly, or reasonably believing that the owner, if present, would have consented.
d. Theft from spouse. It is no defense that the theft or computer criminal activity was from or committed against the actor’s spouse, except that misappropriation of household and personal effects, or other property normally accessible to both spouses, is theft or computer criminal activity only if it occurs after the parties have ceased living together.”
The answer to the question is YES. You’ve just committed at least a third degree crime, punishable, if convicted, by the imposition of monetary fines up to $10,000.00, plus possible jail time of a minimum of three years and a maximum of five (5) years plus a criminal record. N.J.S.A. 2C:43-3.
These cases can be extremely serious involving the imposition of jail time, hefty fines and a criminal record. If you are charged with any theft charge you need to retain the services of a skilled and experienced attorney immediately to obtain a downgrade of the charges or an acquittal.
Contact me for help (theft/lost) at (732)-337-7922.
