Receiving Stolen Property

The attorneys in our Toms River Office have extensive experience defending receiving stolen property charges in Ocean County. One of the lawyers on our team is, in fact, the former prosecutor of approximately 15 municipalities in the county. We also happen to employ a staff that includes ex-county prosecutors and others who have the benefit of over 100 combined years defending criminal violations like yours. If you were charged with receiving stolen property in Toms River, Berkeley, Jackson, Lacey, Brick or elsewhere in the region, an attorney at Law Offices of Jonathan F. Marshall is prepared to do what is necessary to insure you have every chance of escaping this offense. For an immediate free consultation with a lawyer, call (732) 286-6500 anytime 24/7.

A charge for receiving stolen property always arises out of N.J.S.A. 2C:20-7. Most of these charges end up in the Criminal Division of the Ocean County Superior Court in Toms River since this is the place where every receiving stolen property case involving $200 or more in value is handled. In order to convict you of this offense, the prosecutor must prove that:

1. The item(s) was property of another person or entity;
2. The property was stolen;
3. The defendant knew that the property was stolen or believed that it probably had been stolen;
4. The defendant acquired control, possession, title or lent on the security of the property or brought it into the State; and
5. The conduct of the accused was knowing.

Presumption of Knowledge Under 2C:20-7. There are four instances where knowledge that the property was stolen is presumed. The first presumption arises if the defendant is found in possession of two or more items of property stolen on two or more occasions. The second presumption arises if the defendant had received stolen property in another transaction within the year preceding the transaction with which the defendant is now charged. The third presumption arises if the defendant is in the business of buying and selling the type of property in question and the defendant acquired the property without making reasonable inquiry that the person from whom the defendant obtained it had a legal right to possess and dispose of it. The fourth and final statutory presumption arises if the defendant is found in possession of two or more defaced access devices. An access device could be a telephone calling card number, credit card number, account number, mobile identification number, etc.

Definition of "Possession" Under 2C:20-7.Possession signifies purposeful control and dominion, as well as the ability to affect an item physically and care for it. This can occur when a person has either actual or constructive possession of property. Actual possession, which is sometimes referred to as manual possession, occurs when the defendant has physical control over the object. Constructive possession occurs where property, although not physically located on the person of the defendant, is under his/her control in the sense that they have the ability and intent to take physical possession of it in the future.

Grading of a Receiving Stolen Property Offense. The degree of a receiving stolen property offense will vary depending on the value of the property involved. If the value of the items involved is $75,000 or more, then it will be charged as a second degree crime. If the value of the items involved is between $500 and $75,000, then receiving stolen property is a third degree crime. If the value of the items involved is between $200 and $500, fourth degree receiving stolen property is triggered.  Lastly, if the value of the items involved is less than $200, then this charge results in a disorderly persons offense.

Court Having Jurisdiction Over a Receiving Stolen Property Charge. An indictable offense for receiving stolen property, namely, one which is a  second, third and fourth degree crime, falls under the jurisdiction of the Ocean County Superior Court. A disorderly persons offense for receiving stolen property is a municipal court matter.

Penalties If You Are Convicted of a Charge for Receiving Stolen Property.  A second degree crime for receiving stolen results in 5-10 years in prison and a maximum fine of $150,000. The period of imprisonment is up to 5 years and the fine can reach $15,000 for a third crime for receiving stolen property. A fourth degree receiving stolen property offense carries up to eighteen (18) months in prison and a fine of up to $10,000. Finally, a disorderly persons offense carries up to six (6) months in the county jail and up to a $1,000 fine.

Brick Township is the third most populated municipality in Ocean County so it makes sense that it would have many receiving stolen property charges. Whether you were arrested in this municipality, Plumsted, Little Egg Harbor,  Beachwood, Manchester, Stafford or elsewhere, you need to be represented by a lawyer who is familiar with the court system and is skilled in defending theft offenses. Our attorneys have this level of expertise with over a century of experience defending receiving stolen property cases in courts throughout Ocean County, including at the county courthouse in Toms River. If you would like a free consultation with an attorney at Law Offices of Jonathan F. Marshall, call (732) 286-6500. Lawyers are available 24/7 to help you.