New Jersey Property Crime Defense Lawyers

Posted By user, Uncategorized On November 16, 2020

New Jersey Property Crime Defense Lawyers

Property crimes involve destruction or theft of another person’s or entity’s belongings. Property offenses encompass a long list of seriousness, from criminal mischief to vandalism and arson, shoplifting to robbery and burglary. Depending on what level the offense is, an individual convicted of a property crime could get sentenced to anything from community service to lengthy prison time and huge fines.

People arrested or indicted for a property crime in New Jersey should connect with an experienced criminal defense attorney to provide them with strong and comprehensive legal representation. A property offense on your record could ruin future opportunities for career options, higher education, public services and more.

If you face a property crime charge, get an attorney from Spodek Law Group to represent you.

Common Property Theft Cases Our Firm Handles

Here are some of the property crime cases Spodek Law Group can represent you in :

  • Theft Offenses
  • Arson Offenses
  • Vandalism Offenses
  • Trespassing Offenses
  • Criminal Mischief

A number of factors may determine the degree of crime charged for a property offense, such as the value of said property.

Minor criminal charges (disorderly persons offenses) in the state of New Jersey are handled at the municipal court where the charge was filed or where the defendant resides. More serious, indictable offenses are referred to the Superior Court in the county.

What are the Possible Penalties for Property Crimes

The degree of the offense charged dictates the severity of punishment possible upon conviction. Certain violations have specific statutory penalties, but in general, under New Jersey law:

  • A conviction of a petty disorderly persons offense carries a fine of up to $500.
  • A conviction of a disorderly persons offense carries a fine of up to $1,000.
  • A conviction of a fourth-degree offense may face up to 18 months in prison and carries a fine of up to $10,000.
  • A conviction of a third-degree offense may face 3 to 5 years in prison and carries a fine of up to $15,000.
  • A conviction of a second-degree offense may face 5 to 10 years in prison and carries a fine of up to $150,000.
  • A conviction of a first-degree offense may face 10 to 20 years in prison and carries a fine of up to $200,000.

A goodly number of property offenses are minor crimes, but theft offenses are punished with increasing severity as the value of stolen property and/or the threat or infliction of personal harm to the victim or victims increases.

Since punishment for property varies and because typically nobody is intentionally harmed, there is ample opportunity to negotiate lower charges or to get charges dropped for a remorseful defendant willing to make restitution.

That said, bear in mind that prosecutors have a duty to seek convictions. They will not and cannot let the defendant know what opportunities there are to avoid a guilty verdict for even the lowest-level property crime. To take full advantage of what is permitted under New Jersey law, you need a criminal defense attorney experienced in New Jersey courts as quickly as you can after getting arrested for a property crime.

Spodek Law Group can give you a free initial consultation today about the legal options available to you while facing a property crime charge.

Our Lawyers Can Help You Battle Property Crime Charges

Property crimes involve a violation of another individual’s right to use, enjoy or possess their own personal, real or virtual property. Generally, property is damaged, destroyed or stolen, but the victim is not physically harmed. In some cases, a property crime may indeed be facilitated by threat or infliction of personal harm or injury, like in a strong-arm or armed robbery.

Regardless of what sort of property crime you were charged with, without a guilty plea, the prosecutor is obligated to prove the case beyond a reasonable doubt to get a conviction.

Every defendant has the Constitutional right to a robust legal defense that thoroughly challenges the prosecution’s case and seeks the most advantageous result available to the defendant.

Contact Spodek Law Group as quickly as possible after an arrest or indictment for a property crime in New Jersey so we will be able to:

  • Seek your (or your loved one’s) release from custody right away on the detainee’s own recognizance (ROR) or the lowest available bail amount.
  • Start to investigate the charges against you, including figuring out whether there was police or prosecutorial misconduct, or discover flaws in the prosecution’s case, such as:
    • Unlawful arrest, including neglecting to read your Miranda rights
    • Unlawful search and seizure
    • Mistaken identity, possibly based on a faulty suspect lineup
    • Lack of credible witnesses
    • Fabricated or faulty testimony
    • Profiling on the basis of racial, gender, ethnic, socio-economic, sexual orientation, age, or other bias
    • Faulty forensic evidence (particularly regarding DNA evidence)
    • Pre-trial motions for the court to exclude discredited or disputed evidence from further proceedings.

In addition, we conduct our own investigation to develop evidence for reducing or dropping charges, and to make certain we have a strong and persuasive defense strategy in place if a trial is unavoidable. Possible defenses may include but are not limited to:

  • Unable to establish ownership of / rights to the property in question
  • Defendant’s honest, or bona fide, claim of right to said property
  • Intent to damage property or permanently deprive owner of the property cannot be established
  • Inaccurate claim of damage or extent / value of damage to property
  • Coercion, entrapment, or some form of inducement by another for the defendant to commit the alleged offense
  • Mental impairment at the time of the alleged crime that prevented understanding of right and wrong or the consequences of the defendant’s actions

Depending on the details, sometimes making restitution to the alleged victim in a property crime case could persuade them to drop their charges. We have compassionate and skilled negotiators in our lawyers and legal staff who can make such an offer as circumstances allow.

Diversion Programs for Property Crimes in New Jersey

The attorney from our firm who is working for you may be able to arrange a plea that gets you Conditional Discharge probation or Pre-Trial Intervention (PTI), New Jersey’s primary diversion program for nonviolent first-offenders.

The Veterans’ Diversion program in New Jersey is for active military members and retirees who are accused of nonviolent crimes.  To qualify, they will have been diagnosed with mental illness or who have demonstrated symptoms of mental illness as witnessed by law enforcement, family members or friends. Service members or retirees charged with property crimes might be able to avoid trial and a criminal record, and get other assistance, through this program.

Reach Out to Our N.J. Property Crime Defense Lawyers Right Away

If you are looking at charges of vandalism, trespassing, shoplifting, robbery, or another property crime allegation in New Jersey, you should exercise your right to remain silent and contact our experienced criminal defense attorneys now. Our team will get involved immediately to prepare a defense aimed at the best available legal resolution to your matter.

Call Spodek Law Group for your free consultation today.