Welcome to this comprehensive guide on Understanding the Legalities of a Theft by Receiving Charge in NY & NJ. If you’re faced with such a charge, it’s crucial to comprehend the laws surrounding it and your potential defenses.
Table of Contents:
What is Theft by Receiving Charge?
In simple terms, theft by receiving involves knowingly obtaining or exerting control over stolen property. It’s like being an accomplice after the fact. Sounds serious, right? It is, and it’s treated as such by the law.
NY & NJ Theft by Receiving Laws
Both New York and New Jersey have stringent laws for theft by receiving. In NY, you can be charged under Penal Law 165.40, whereas in NJ, you’ll face charges under NJSA 2C:20-7.
NY Laws
The NY law states that a person is guilty of criminal possession of stolen property in the fifth degree when he knowingly possesses stolen property, with intent to benefit himself or a person other than an owner thereof.
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The NJ law is similar, stating that a person commits theft if he knowingly receives or brings into this State movable property of another knowing that it has been stolen.
Potential Defenses
Just because you’re charged doesn’t mean you’re without hope. There are several potential defenses, such as claiming lack of knowledge that the property was stolen or challenging the validity of the arrest procedure.
Consequences of Conviction
A conviction can have serious consequences including fines, probation, and even jail time. Furthermore, it can damage your reputation, making it difficult to find employment or housing in the future.
Key Takeaways
- Theft by receiving involves knowingly possessing or controlling stolen property,
- Both NY and NJ have strict laws against this crime,
- There are potential defenses available,
- Conviction can lead to fines, probation, and even jail time.
Conclusion
Understanding the legalities of a theft by receiving charge in NY & NJ can be overwhelming. However, remember that you’re not alone. Reach out to a legal professional early to help navigate your defense.
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- Impact of Criminal Convictions on Future Employment,
- The Role of Intent in Theft Charges,
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