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Contact the Law Office of KENNETH A VERCAMMEN for Legal Representation Kenneth Vercammen's Law office represents individuals charged with theft throughout New Jersey.
Larceny is the word with used to describe stealing in many states. In
New Jersey, the statutes uses the word "theft", rather than
larceny. New Jersey does not use the word larceny.
If someone is criminally indicted for theft, at trial the judge will
read to the jurors the following jury instructions of the law:
The following charge is to be used when the factual circumstances indicate
an unlawful taking of personal property, and the value of the property
is in dispute. In other instances, reference must be made to 2C:20-2b
to determine the degree of theft. See Charge #2.291 on GRADATION OF THEFT
OFFENSES. (Note that 2C:20-2b(2) makes some offenses of the third degree
regardless of the value of the property).
The statute, on which the indictment is based is, 2C:20-3a, which reads
in its pertinent part as follows:
A person is guilty of theft if he unlawfully takes, or exercises control
over movable property of another with purpose to deprive him thereof.
The jury cannot find the defendant guilty unless the jury determines
that the State has proven the following two elements beyond a reasonable
doubt: First, the State must prove that the defendant unlawfully took
(here describe property listed in indictment). In order to prove an unlawful
taking, the State need not prove that the property was carried out of
the place in which it was kept, but only that it was moved or taken from
its original location. If the defendant is found with the stolen property
shortly after it was taken, charge the jury that it may draw an inference
that the defendant took the property. Second, the State must prove that
at the time the defendant took this property (his/her) purpose was to
deprive the owner of the (here describe property) With regard to the requirement
of proof of a purpose to deprive another of (his/her) property, you are
instructed that a person acts purposely with respect to the nature of
(his/her) conduct or a result thereof if it is (his/her) conscious object
to engage in conduct of that nature or to cause such a result. In other
words, in order for the jury to find that the defendant acted purposely,
the State must prove beyond a reasonable doubt that at the time the defendant
took the property it was (his/her) conscious object to deprive (the owner)
of (describe property). (If appropriate, insert relevant portions of the
following definition.) "Deprive" means (1) to withhold (or cause
to be withheld) property of another permanently or for so extended a period
as to appropriate a substantial portion of its economic value...or, (2)
to dispose (or cause disposal) of the property so as to make it unlikely
that the owner will recover it). Thus, if the jury finds, after careful
consideration of all of the evidence that the State has proven beyond
a reasonable doubt each of the elements as I have explained them, then
your verdict should be guilty. However, if the State has not proven each
of the elements described above to the jury's satisfaction beyond a reasonable
doubt, then the jury's verdict should be not guilty.
The following are the theft statutes in New Jersey:
2C:20-1. Definitions. In chapters 20 and 21, unless a different meaning
plainly is required:
a. "Deprive" means: (1) to withhold or cause to be withheld
property of another permanently or for so extended a period as to appropriate
a substantial portion of its economic value, or with purpose to restore
only upon payment of reward or other compensation; or (2) to dispose or
cause disposal of the property so as to make it unlikely that the owner
will recover it.
b. "Fiduciary" means an executor, general administrator of
an intestate, administrator with the will annexed, substituted administrator,
guardian, substituted guardian, trustee under any trust, express, implied,
resulting or constructive, substituted trustee, executor, conservator,
curator, receiver, trustee in bankruptcy, assignee for the benefit of
creditors, partner, agent or officer of a corporation, public or private,
temporary administrator, administrator, administrator pendente lite, administrator
ad prosequendum, administrator ad litem or other person acting in a similar
capacity.
c. "Financial institution" means a bank, insurance company,
credit union, savings and loan association, investment trust or other
organization held out to the public as a place of deposit of funds or
medium of savings or collective investment.
d. "Government" means the United States, any state, county,
municipality, or other political unit, or any department, agency or subdivision
of any of the foregoing, or any corporation or other association carrying
out the functions of government.
e. "Movable property" means property the location of which
can be changed, including things growing on, affixed to, or found in land,
and documents, although the rights represented thereby have no physical
location. "Immovable property" is all other property.
f. "Obtain" means: (1) in relation to property, to bring about
a transfer or purported transfer of a legal interest in the property,
whether to the obtainer or another; or (2) in relation to labor or service,
to secure performance thereof.
g. "Property" means anything of value, including real estate,
tangible and intangible personal property, trade secrets, contract rights,
choses in action and other interests in or claims to wealth, admission
or transportation tickets, captured or domestic animals, food and drink,
electric, gas, steam or other power, financial instruments, information,
data, and computer software, in either human readable or computer readable
form, copies or originals.
h. "Property of another" includes property in which any person
other than the actor has an interest which the actor is not privileged
to infringe, regardless of the fact that the actor also has an interest
in the property and regardless of the fact that the other person might
be precluded from civil recovery because the property was used in an unlawful
transaction or was subject to forfeiture as contraband. Property in possession
of the actor shall not be deemed property of another who has only a security
interest therein, even if legal title is in the creditor pursuant to a
conditional sales contract or other security agreement.
i. "Trade secret" means the whole or any portion or phase
of any scientific or technical information, design, process, procedure,
formula or improvement which is secret and of value. A trade secret shall
be presumed to be secret when the owner thereof takes measures to prevent
it from becoming available to persons other than those selected by the
owner to have access thereto for limited purposes.
j. "Dealer in property" means a person who buys and sells
property as a business.
k. "Traffic" means:
(1)To sell, transfer, distribute, dispense or otherwise dispose of property
to another person; or
(2)To buy, receive, possess, or obtain control of or use property, with
intent to sell, transfer, distribute, dispense or otherwise dispose of
such property to another person.
l. "Broken succession of title" means lack of regular documents
of purchase and transfer by any seller except the manufacturer of the
subject property, or possession of documents of purchase and transfer
by any buyer without corresponding documents of sale and transfer in possession
of seller, or possession of documents of sale and transfer by seller without
corresponding documents of purchase and transfer in possession of any
buyer.
m. "Person" includes any individual or entity or enterprise,
as defined herein, holding or capable of holding a legal or beneficial
interest in property.
n. "Anything of value" means any direct or indirect gain or
advantage to any person.
o. "Interest in property which has been stolen" means title
or right of possession to such property.
p. "Stolen property" means property that has been the subject
of any unlawful taking.
q. "Enterprise" includes any individual, sole proprietorship,
partnership, corporation, business trust, association, or other legal
entity, and any union or group of individuals associated in fact, although
not a legal entity, and it includes illicit as well as licit enterprises
and governmental as well as other entities.
r. "Attorney General" includes the Attorney General of New
Jersey, his assistants and deputies. The term shall also include a county
prosecutor or his designated assistant prosecutor, if a county prosecutor
is expressly authorized in writing by the Attorney General to carry out
the powers conferred on the Attorney General by this chapter.
s. "Access device" means property consisting of any telephone
calling card number, credit card number, account number, mobile identification
number, electronic serial number, personal identification number, or any
other data intended to control or limit access to telecommunications or
other computer networks in either human readable or computer readable
form, either copy or original, that can be used to obtain telephone service.
t. "Defaced access device" means any access device, in either
human readable or computer readable form, either copy or original, which
has been removed, erased, defaced, altered, destroyed, covered or otherwise
changed in any manner from its original configuration.
u. "Domestic companion animal" means any animal commonly referred
to as a pet or one that has been bought, bred, raised or otherwise acquired,
in accordance with local ordinances and State and federal law for the
primary purpose of providing companionship to the owner, rather than for
business or agricultural purposes.
v. "Personal identifying information" means any name, number
or other information that may be used, alone or in conjunction with any
other information, to identify a specific individual and includes, but
is not limited to, the name, address, telephone number, date of birth,
social security number, official State issued identification number, employer
or taxpayer number, place of employment, employee identification number,
demand deposit account number, savings account number, credit card number,
mother's maiden name, unique biometric data, such as fingerprint, voice
print, retina or iris image or other unique physical representation, or
unique electronic identification number, address or routing code of the
individual.
2C:20-1.1. Offense involving access device; presumption of unlawful
purpose
6. In any prosecution for an offense enumerated in chapter 20 of Title
2C of the New Jersey Statutes involving a defaced access device, any removal,
erasure, defacement, alteration, destruction, covering or other change
in such access device from its original configuration performed by any
person other than an authorized manufacturer of, or service provider to
access devices shall be presumed to be for an unlawful purpose.
2C:20-2. Consolidation of Theft Offenses; Grading; Provisions Applicable
to Theft Generally.
a. Consolidation of Theft and Computer Criminal Activity Offenses. Conduct
denominated theft or computer criminal activity in this chapter constitutes
a single offense, but each episode or transaction may be the subject of
a separate prosecution and conviction. A charge of theft or computer criminal
activity may be supported by evidence that it was committed in any manner
that would be theft or computer criminal activity under this chapter,
notwithstanding the specification of a different manner in the indictment
or accusation, subject only to the power of the court to ensure fair trial
by granting a bill of particulars, discovery, a continuance, or other
appropriate relief where the conduct of the defense would be prejudiced
by lack of fair notice or by surprise.
b. Grading of theft offenses.
(1)Theft constitutes a crime 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 stolen is a controlled dangerous substance or controlled
substance analog, as defined in 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 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;
(d)It is from the person of the victim;
(e)It is in breach of an obligation by a person in his capacity as a
fiduciary;
(f)It is by threat not amounting to extortion;
(g)It is of a public record, writing or instrument kept, filed or deposited
according to law with or in the keeping of any public office or public
servant;
(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
care and the amount involved is less than $75,000;
(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 and components 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;
(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 or computer criminal activity 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
or computer criminal activities 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.
c. 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; or
(3)Took property exposed for sale, intending to purchase and pay for
it promptly, or reasonably believing that the owner, if present, would
have consented.
d. Theft from spouse. It is no defense that 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.
2C:20-2.1. Additional penalties for theft or unlawful taking of motor
vehicle 1. a. In addition to any other disposition authorized by law,
a person convicted under the provisions of this chapter of theft or unlawful
taking of a motor vehicle shall be subject:
(1) For the first offense, to a penalty of $500.00 and to the suspension
or postponement of the person's license to operate a motor vehicle over
the highways of this State for a period of one year.
(2) For a second offense, to a penalty of $750.00 and to the suspension
or postponement of the person's license to operate a motor vehicle over
the highways of this State for a period of two years.
(3) For a third or subsequent offense, to a penalty of $1,000.00, and
to the suspension or postponement of the person's license to operate a
motor vehicle over the highways of this State for 10 years.
b. The suspension or postponement of the person's license to operate
a motor vehicle pursuant to subsection a. of this section shall commence
on the day the sentence is imposed. In the case of any person who at the
time of the imposition of sentence is less than 17 years of age, the period
of the suspension of driving privileges authorized herein, including a
suspension of the privilege of operating a motorized bicycle, shall commence
on the day the sentence is imposed and shall run for a period as fixed
by the court of one year for a first offense, two years for a second offense
or 10 years for a third offense calculated from the day after the day
the person reaches the age of 17 years. If the driving privilege of any
person is under revocation, suspension, or postponement for a violation
of any provision of this Title or Title 39 of the Revised Statutes at
the time of any conviction or adjudication of delinquency for a violation
of any offense defined in this chapter or chapter 36 of this Title, the
revocation, suspension, or postponement period imposed herein shall commence
as of the date of termination of the existing revocation, suspension,
or postponement.
Upon conviction the court shall collect forthwith the New Jersey driver's
licenses of the person and forward such license or licenses to the Director
of the Division of Motor Vehicles along with a report indicating the first
and last day of the suspension or postponement period imposed by the court
pursuant to this section. If the court is for any reason unable to collect
the license or licenses of the person, the court shall cause a report
of the conviction or adjudication of delinquency to be filed with the
director. That report shall include, the complete name, address, date
of birth, eye color, and sex of the person, and shall indicate the first
and last day of the suspension or postponement period imposed by the court
pursuant to this section. The court shall inform the person orally and
in writing that if the person is convicted of personally operating a motor
vehicle during the period of license suspension or postponement imposed
pursuant to this section the person shall, upon conviction, be subject
to the penalties set forth in R.S. 39:3-40. A person shall be required
to acknowledge receipt of the written notice in writing. Failure to receive
a written notice or failure to acknowledge in writing the receipt of a
written notice shall not be a defense to a subsequent charge of a violation
of R.S. 39:3-40. If the person is the holder of a driver's license from
another jurisdiction, the court shall not collect the license but shall
notify the director who shall notify the appropriate officials in the
licensing jurisdiction. The court shall, however, in accordance with the
provisions of this section, revoke the person's non-resident driving privileges
in this State.
c. All penalties provided for in this section shall be collected as
provided for the collection of fines and restitutions in section 3 of
P.L. 1979, c.396 (C. 2C: 46-4), and shall be distributed in accordance
with the provisions of N.J.S. 2C:64-6 as if the collected monies were
the proceeds of property forfeited pursuant to the provisions of chapter
64. However, the distributed monies are to be used for law enforcement
activities related to auto theft.
2C:20-2.2. Additional fine for auto theft Notwithstanding the provisions
of N.J.S. 2C:43-3, if the fair market value of the automobile and its
contents at the time it was stolen exceeds $7,500.00 and the automobile
is not recovered, the court may sentence the defendant to pay a fine for
that higher amount.
2C:20-3. Theft by unlawful taking or disposition a. Movable property.
A person is guilty of theft if he unlawfully takes, or exercises unlawful
control over, movable property of another with purpose to deprive him
thereof.
b. Immovable property. A person is guilty of theft if he unlawfully
transfers any interest in immovable property of another with purpose to
benefit himself or another not entitled thereto.
Consequences of a Criminal Guilty Plea
1. You will have to appear in open court and tell the judge what you
did that makes you guilty of the particular offense(s)
2. Do you understand that if you plead guilty:
a. You will have a criminal record
b. You may go to Jail or Prison.
c. You will have to pay Fines and Court Costs.
3. If you are on Probation, you will have to submit to random drug and
urine testing. If you violate Probation, you often go to jail.
4. In indictable matters, you will be required to provide a DNA sample,
which could be used by law enforcement for the investigation of criminal
activity, and pay for the cost of testing.
5. You must pay restitution if the court finds there is a victim who
has suffered a loss and if the court finds that you are able or will be
able in the future to pay restitution.
6. If you are a public office holder or employee, you can be required
to forfeit your office or job by virtue of your plea of guilty.
7. If you are not a United States citizen or national, you may be deported
by virtue of your plea of guilty.
8. You must wait 5-10 years to expunge a first offense. 2C:52-3
9. You could be put on Probation.
10. In Drug Cases, a mandatory DEDR penalty of $500-$1,000, and lose
your driver's license for 6 months - 2years. You must pay a Law Enforcement
Officers Training and Equipment Fund penalty of $30.
11. You may be required to do Community Service.
12. You must pay a minimum Violent Crimes Compensation Board assessment
of $50 ($100 minimum if you are convicted of a crime of violence) for
each count to which you plead guilty.
13. You must pay a $75 Safe Neighborhood Services Fund assessment for
each conviction.
14. If you are being sentenced to probation, you must pay a fee of up
to $25 per month for the term of probation.
15. You lose the presumption against incarceration in future cases. 2C:44-1
16. You may lose your right to vote.
The defense of a person charged with a criminal offense is not impossible.
There are a number of viable defenses and arguments which can be pursued
to achieve a successful result. Advocacy, commitment, and persistence
are essential to defending a client accused of a criminal offense.
Jail for Crimes and Disorderly Conduct:
If someone pleads Guilty or is found Guilty of a criminal offense, the
following is the statutory Prison/Jail terms.
NJSA 2C: 43-8 (1) In the case of a crime of the first degree, for a specific
term of years which shall be fixed by the court and shall be between 10
years and 20 years;
(2) In the case of a crime of the second degree, for a specific term
of years which shall be fixed by the court and shall be between five years
and 10 years;
(3) In the case of a crime of the third degree, for a specific term of
years which shall be fixed by the court and shall be between three years
and five years;
(4) In the case of a crime of the fourth degree, for a specific term
which shall be fixed by the court and shall not exceed 18 months.
2C:43-3 Fines have been increased recently! 2C:43-3. Fines and Restitutions.
A person who has been convicted of an offense may be sentenced to pay
a fine, to make restitution, or both, such fine not to exceed:
a. (1) $200,000.00 when the conviction is of a crime of the first degree;
(2) $150,000.00 when the conviction is of a crime of the second degree;
b. (1) $15,000.00 when the conviction is of a crime of the third degree;
(2) $10,000.00 when the conviction is of a crime of the fourth degree;
c. $1,000.00, when the conviction is of a disorderly persons offense;
d. $500.00, when the conviction is of a petty disorderly persons offense;
If facing any criminal charge, retain an experienced attorney immediately
to determine you rights and obligations to the court. Current criminal
charge researched by Kenneth Vercammen, Esq. 732-572-0500
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