New Jersey Receiving Stolen Property Defense Lawyer

Did prosecutors in New Jersey charge you with receiving stolen property? A conviction for this offense has serious consequences that could affect your freedom, finances, and future. To prepare your defense, you should understand how New Jersey law defines this serious theft crime, the possible penalties for a conviction, and how an experienced New Jersey stolen property defense lawyer can help you protect your rights and seek the best possible outcome.

Attorney Jason A. Volet is an experienced prosecutor and criminal defense lawyer certified by the Supreme Court of New Jersey as a Criminal Trial Attorney. He knows how to build effective defense strategies for clients facing serious criminal charges, such as receiving stolen property. Our past clients can attest to our highly personalized attention to each client.

To learn more, contact us today and get started with a confidential and free consultation about your legal rights and options. We are available 24/7.

How Does New Jersey Law Define Receiving Stolen Property?

For the State of New Jersey to convict a person of the offense of receiving stolen property, New Jersey law (N.J.S. § 2C:20-7) requires prosecutors to prove beyond a reasonable doubt that:

• The person knowingly received the movable property of another (or brought it into the state).
• The property was stolen.
• When the person received the property (or brought it into the state), they knew it had been stolen or believed it probably had been stolen.

What Is Necessary to Prove Someone Received Stolen Property?

To obtain a conviction for a receiving stolen property offense, New Jersey prosecutors must prove that the person, or defendant, “received” the allegedly stolen property. Prosecutors can establish this element of the crime by showing the defendant acquired it by having possession, control, or title to the property, or as security for a loan of money or something of value.

What Evidence Can Prove Someone ‘Knowingly’ Received Stolen Property?

Police and prosecutors use various kinds of evidence to prove a defendant’s guilt for a charge of receiving stolen property. Some examples of evidence that the State of New Jersey may rely on to seek a conviction include:

• Recovering the stolen property in the defendant’s possession
• Emails, text messages, recorded calls, or other correspondence demonstrating or indicating the defendant’s knowledge of the stolen nature of the property
• Evidence of recent prior incidents of receiving stolen property
• The defendant’s defaced access devices
• Mailing or shipping records
• Documentation of the money or some other thing of value that the defendant paid or loaned to acquire the property.

Do Some Circumstances Establish a Presumption of Knowledge?

New Jersey law allows a jury to infer that a defendant had knowledge or belief that the property had (or probably had been) stolen when the evidence would allow a reasonable person to make the same inference. For instance, a jury might find that a defendant had the required knowledge or belief where the defendant:

• Possesses or controls two or more items of stolen property on two or more separate occasions
• Receives stolen property in another transaction within the prior year
• Engages in the business of buying or selling the type of property that they acquired, without making a reasonable inquiry about whether the person they acquired it from had a legal right to possess and dispose of it
• Possesses two or more defaced access devices
• Possesses property of a cargo carrier without proper documentation or other evidence of their right to possession.

What Are the Penalties in New Jersey for Receiving Stolen Property?

The penalties that a court imposes on a defendant convicted of receiving stolen property will depend on the total value of the stolen property. Sentencing ranges for receiving stolen property convictions in New Jersey include:

• Less than $200 in value – A disorderly persons offense (misdemeanor) carrying penalties of up to six months in jail, a fine of up to $1,000, or both incarceration and a fine.
• $200 or more but less than $500 in value – A fourth-degree crime (felony) carrying penalties of up to 18 months in prison, a fine of up to $10,000, or both imprisonment and a fine.
• $500 or more but less than $75,000 in value, or a firearm, motor vehicle, boat, vessel, aircraft, horse, or a domestic animal, or one kilogram or less of drugs – A third-degree crime carrying penalties of three to five years in prison, a fine of up to $15,000, or both imprisonment and a fine.
• $75,000 or more in value, more than one kilogram of drugs, or property obtained by extortion – A second-degree crime carrying penalties of five to ten years in prison, a fine of up to $150,000, or both imprisonment and a fine.

A court may also impose a restitution obligation upon a convicted defendant. This penalty requires the defendant to reimburse the property’s owner for the value of the stolen property and other related financial losses they suffered.

What Are Some Possible Defenses for a Receiving Stolen Property Charge?

Attorney Jason A. Volet can draw on his in-depth knowledge of the law and his experience gained through handling more than 4,000 cases as a prosecutor and criminal defense lawyer to help you build a solid defense to your receiving stolen property charge. Common defense strategies in receiving stolen property cases in New Jersey include:

• Lack of intent/knowledge – A defendant may argue that they did not intend to receive stolen property or did not know (and could not reasonably have known) the property’s stolen nature.
• Intent to return the property to its rightful owner – The law provides an affirmative defense to a receiving stolen property charge if a defendant can prove they received the stolen property with the intent to return it to its rightful owner.
• Lawfully possessed/received property – A defendant may argue that they lawfully acquired the property, or that another person lawfully acquired it from the rightful owner, such as when a person buys property from the owner or validly gifts it to another person.
• Lack of possession/receipt – Defendants facing receiving stolen property charges may argue that the prosecution’s case fails to prove beyond a reasonable doubt that they ever had actual or constructive possession of the property or obtained control of or title to the property.
• Unlawful search and seizure by police – A defendant may seek to exclude evidence from the prosecution’s case by arguing that police investigators obtained the evidence through an illegal search and seizure of the defendant’s person, vehicle, home, or electronic devices.

When you work with The Law Office of Jason A. Volet, an experienced criminal defense attorney will investigate your case, review all the facts and evidence, and help you to identify potential defenses you might pursue to fight the charge.

Contact a New Jersey Receiving Stolen Property Defense Attorney

Don’t make the mistake of facing charges of receiving stolen property alone. You need an experienced criminal defense lawyer to level the playing field and take the fight to the prosecution. Contact us today at The Law Office of Jason A. Volet and get your defense started with a free consultation.