Theft By Unlawful Taking Movable Property

An example would be, if you rent a tuxedo for one night but then you sell it, destroy it or refuse to give it back. Consulting with an attorney before making any important decisions is vital. Types of Theft & Property Crimes. It logically follows that if one steals property they have to retain it thereafter. For example, a person who steals a piece of jewelry and sells it to a pawn shop with no plan to reclaim the property would have committed Theft by Unlawful Taking. First, there must a form of taking or control of a movable or immovable property.

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6. Theft by unlawful taking or disposition

Theft By Unlawful Taking - Movable Property

With this being said, basically two elements must be established in order for someone to be convicted of violating N. 2C:20-3. Theft by deception: A person is guilty of theft if he intentionally obtains or withholds property of another by deception. Theft by Unlawful Taking. Criminal Defense Attorneys in Morris County, New Jersey. Public Hearing Transcripts. Theft by unlawful taking or disposition is basically a catchall offense that is filed against those accused of stealing.

Theft Of Movable Property Nj

What is Theft by Unlawful Taking in Pennsylvania? Therefore, we will use our extensive cross examination skills to expose any inconsistencies in statements which the witnesses have given or highlight reasons why the witness's story just doesn't make sense. If you have been charged with theft, your first step should be to immediately hire a lawyer. You are looking at serious penalties and collateral consequences and an accomplished criminal attorney is going to equip you with the greatest opportunity to escape a conviction. Our team is eager to help, we extensive experience in Courts throughout Passaic County including Passaic City, Totowa, Ringwood, West Milford, Paterson and Hawthorne. If you complete pre-trial diversion, it can help you to avoid time in jail and a criminal conviction. The grading of theft charges is found under Section 3903. Amended by L. 1979, c. 178, s. 34, eff.

Theft Of Movable Property

Pre-trial diversion is generally only available to people who do not have criminal records or who have very minimal records. 2C:20-3, the applicable New Jersey Statute for Theft by Unlawful Taking, whether a violation has occurred depends on whether the property in question is movable or immovable. Free Initial Consultation. Someone can constructively possess something when they can control it or gain access to it, even if they may not be physically holding it at any given moment. You need a lawyer with the experience and skill to protect your rights and keep you out of prison.

Theft By Unlawful Taking Movable Property Management

Pennsylvania's laws contain numerous theft provisions. 030 which states: Except as otherwise provided in KRS 217. Unlawfully takes or exercises control: Theft of movable property occurs when a person takes property knowing that he is not supposed to take it or move it. What is interesting is that both of these definitions imply another human being is the target. In this example Robbery includes the crime of theft, so it swallows up the theft charge. In Pennsylvania, theft and shoplifting are separate offenses because if you were to steal property from a store you would be charged with retail theft, not unlawful taking. More than $50 but less than $200, it is a misdemeanor of the second degree. We are honest lawyers who practice with ethics and integrity for every case we take on. Sufficiency of the Evidence - As recognized in the case of Commonwealth v. Matthews, the mere possession of stolen property or property belonging to another does not automatically mean that the possessor of that property is the person who stole or it that they knew it was stolen. There are often numerous opportunities to reduce or dismiss certain types of theft charges through plea negotiations and possible participation in a discretionary diversion program called Accelerated Rehabilitative Disposition or ARD.

Theft By Unlawful Taking Movable Property Law

Under Pennsylvania law, a burglary generally occurs when persons enter buildings or homes with the intent to commit a crime therein, regardless as to whether others are present at those locations at the time of the offense. The accused need not actually take or move the property for the offense to occur. 3rd Degree Misdemeanor: If the amount of the theft is less than $50. Reach out today for a consultation to see how R. Davis Younts, Esq., can help today. The potential penalties for theft in Pennsylvania are: - Theft of Less Than $50: If the total value of what you have stolen is within this range then the crime is a misdemeanor of the third degree.

Theft By Unlawful Taking Or Disposition

For a defendant with no prior record who is convicted of stealing a car, the PA sentencing guidelines would recommend a minimum sentence of 3-12 months plus or minus 6 months, meaning that if the defendant can provide some mitigation to the court at sentencing, a judge would be justified in imposing a probationary sentence. If you are charged with theft, contact a New Jersey criminal defense attorney immediately in order to protect your rights. You can have upmost confidence in our abilities given that our team includes several prosecutors and litigators with over a century combined experience defending clients at the Mercer County Superior Court in Trenton (e. g. second degree, third degree or fourth degree crime) and in municipal courts (e. disorderly peersons offense) throughout the county. Theft of Services, N. 2C:20-8: It is a crime to knowingly obtain the services of another, knowing they expect to be compensated for those services and does not pay for those services.

Less serious crimes are generally classified as misdemeanors while the more serious will be felonies. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Senate Seating Chart. If the parties agree that the property will be returned, there is no crime until the property is not actually returned. L. 1978, c. 95, s. 2C:20-3, eff. Contact the Law Office of Douglas Herring today to learn more about these charges and how our firm can help you fight them. The following chart demonstrates the penalties for retail theft, one of the most common PA Theft crimes: |Value of Merchandise|. Burglary is always a serious felony offense under Pennsylvania law.