Theft Crimes

A theft crime can be committed in many different ways. Likewise, the penalties for a conviction on a theft crime will vary. The more serious the theft and the higher the value of the item taken, the more likely the penalties will be harsher. Speaking with a seasoned defense lawyer will help you understand theft crimes and their consequences.

At Mongiardo Law Group, our theft crimes defense attorneys handle all types of cases. We work to make sure your constitutional rights are upheld and that you get the defense you deserve. Contact us at (973) 298-4557 or online to schedule a free consultation to make sure your rights are protected.

Common Theft Crimes 

A "theft crime" is a general term used to describe offenses that involve the taking of another person's property without their consent and with the intention to permanently deprive them of it. 

Theft offenses are also often referred to as property offenses. Common theft crimes include the following:

• Shoplifting - taking goods away from a shop without paying

• Larceny - taking someone's personal property

• Auto theft - theft of a motor vehicle

• Robbery - taking property through the actual or threatened use of physical force

Depending on the seriousness of the allegations, theft crimes can be either a misdemeanor or a felony. Aggravating circumstances include the type of property taken, the value of the property, and the defendant's previous convictions for similar offenses.

Each jurisdiction has its own specific theft statutes that define the specific elements of any given theft crime. It is always important to speak to a criminal defense lawyer in New Jersey to understand the elements and consequences of the exact theft charge you are facing.

Consequences of a Theft Conviction 

The sentences for theft convictions vary depending on the jurisdiction, the circumstances of the case, and the seriousness of the offense.

Possible penalties include the following:

• Fines

• Restitution to compensate for the loss of property

• Probation

• Community service

• Parole

• Imprisonment

A conviction for a theft offense can also have long-lasting impacts on an offender's life beyond their sentence, especially in future employment. For example, a potential employer who runs a background check may view someone with a theft conviction as dishonest and be unwilling to hire them. 

Common Defenses to Theft Charges

In all criminal cases, it is the prosecution's responsibility to prove beyond a reasonable doubt that you are guilty of the crime.  However, a good criminal defense lawyer is needed to create doubt. Sometimes, this can be achieved by the use of specific defenses.

The potential defenses available to a defendant facing a theft charge depend on the specific circumstances of the case. Some common defenses include the belief in ownership, return of property, entrapment, intoxication, and coercion. 

The Belief in Ownership or Claim of Right

Where a defendant believes in good faith (or honestly believes) that the property they took was theirs or they had a valid claim to it, they may be able to defend against a theft charge. When this defense is raised, the defendant usually needs to provide some evidence to support it. 

Return of Property

If a defendant intended to return the property when they initially took it, they might also be able to defend against the charge. It is not a defense, however, if a defendant returns the property later to avoid a theft charge or conviction. That said, if convicted, returning the property may be a factor the court takes into account when determining a sentence. 

Intoxication 

To prove a theft offense, the prosecution must establish that the defendant intended to permanently deprive the owner of the property. If the defendant was intoxicated when they took the property, they may be able to argue they were incapable of forming the required intent. 

Duress

A defendant may be able to challenge a theft charge if another person forced them to take the property. For example, a person may use threats or blackmail to coerce the defendant to take the property of a third-party. To argue duress, a defendant must show they committed the act as a result of an immediate and inescapable threat of bodily harm or death.

Three Critical Reasons to Hire a Criminal Defense Lawyer in New Jersey

You can successfully defend against theft crimes, but it is very complicated and risky to handle on your own. The laws are complex, the stakes are high, and you need someone with the expertise to develop a viable defense strategy.

Below are three reasons why you should hire Mongiardo Law Group if you are charged with a theft offense:

1. We provide the insight you cannot find online. We know everyone is Googling answers for everything, and that includes criminal charges and defenses. Though you can find generalized online information, you cannot find information on how to best apply a defense in your unique case. There are critical nuances that can impact your case. We provide a real-life application to get results.

2. We leverage the power of the prosecutor. One of our founding partners, Evan Mongiardo, Esquire, was a prosecutor in Passaic County for over 10 years before becoming a defense attorney.  This experience matters.  The prosecutor determines whether a charge will be filed, whether a plea deal will be offered, and what will be in a plea deal. In cases where appropriate, we use the power of the prosecutor to negotiate better terms on your behalf. We can try to negotiate a deal that means reduced charges or lesser sentences, and this is especially important in theft crimes because the range of potential charges and punishment is wide.

3. We are more than your criminal defense lawyer. As your lawyer, we will help you understand what is at stake, handle all the deadlines and negotiations, and help you cope with your situation throughout it all. You may feel fear, embarrassment, and anxiety.  Through strong and proficient  representation, we can alleviate some of the emotional issues you may experience.

If you have been accused of committing a theft crime, you should speak to an attorney at Mongiardo Law Group immediately. 

Contact Mongiardo Law Group Today

Our team will review your case and explain your options, including any legal defenses available to you. We can also help you prepare a defense strategy and ensure your rights are protected throughout the legal process. Contact us at (973) 298-4557 or online to schedule a free consultation.