Monday, November 26, 2018

2C:20-2. b. Grading of theft offenses.

  2C:20-2. b. Grading of theft offenses.
(1)Theft constitutes a crime of the second degree if:
(a)The amount involved is $75,000.00or 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 degreeif the amount involved is at least $200.00 but does not exceed $500.00
If the amount involved was less than $200.00the 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.

Criminal Indictable and Disorderly Offense  Penalties

Disorderly person criminal offenses- ex Simple Assault, shoplifting & cases in Municipal Court
                                          Jail 2C: 43- 8            jail  6 month maximum 
                                                                              probation 1-2 year                                   
                                                                              community service  180 days maximum  
                                                                              mandatory costs, VCCB and other penalties
Disorderly- fines:                  2C: 43- 3             $1,000 Fine  maximum              

            There are many other penalties that the court must impose in criminal cases.  There are dozens of other penalties a court can impose, depending on the type of matter.                           
            Drug offenses: in addition to above penalties, mandatory minimum $500 DEDR penalty, mandatory lab fee and other court costs over $200, mandatory 6 month- 2 year loss of license, Probation, drug testing and other penalties. If attorney's Conditional Discharge motion is granted for first time offender. penalty can be reduced. In certain drug cases, the fine can be up to $75,000. 

-Petty Disorderly person- 30 days jail   maximum
Petty DP $500 max Fine, VCCB and other penalties

            Indictable Criminal Penalties    [Felony type]  [ Superior Court]
                                                  Jail potential          Fine max                       Probation
            1st degree                   10- 20 years                   $200,000            [presumption of jail]
            2nd degree                   5-10 years                       $150,000            [presumption of jail]
            3rd degree                   3- 5 years                        $15,000               1 year- 5 year
            4th degree                   0- 18 months                   $10,000               1 year- 5 year

            There are many other penalties that the court must impose in criminal case. There are dozens of other penalties a court can impose, depending on the type of matter. Read www.njlaws.com/jail_for_crimes_and_disorderly_conduct.html

            If you or a family member are charged with a criminal offense, you should retain an experienced criminal attorney to argue to reduce the penalties! 

Copyright 2016 Vercammen Law

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