You may believe that the only way to be charged with a crime related to stolen property is if you steal the item yourself. However, this is not always the case. In New Jersey, you can face criminal charges simply for possessing stolen property under certain circumstances, regardless of who committed the original crime. Understanding how New Jersey law defines possession and the penalties that may apply can help you protect your rights. Read on and consult with a knowledgeable Mercer County criminal defense lawyer to schedule your free consultation today.

Can I Face Charges for Possessing Stolen Property in NJ?

Yes, New Jersey law makes it a crime to knowingly receive or possess stolen property, even if you were not a participant in the original theft of the item. NJ 2C:20-7 states, “A person is guilty of theft if he knowingly receives or brings into this State movable property, other than a motor vehicle, of another knowing that it has been stolen, or believing that it is probably stolen.”

This may come as a surprise to those who believe that only the thief can be charged. However, as long as the prosecutor can prove the following, you can be charged with receiving stolen property.

  • The property was stolen
  • You possessed, received, or controlled the property
  • You knew or believed the property was stolen

What is Considered Possession of Stolen Property?

It’s important to understand that, in terms of the law, possession does not always have to mean that the item was physically on your person. There are two primary types of possession: actual and constructive.

Actual possession is when you are caught with the item on you, like in your hand or pocket. Constructive possession means you had the ability to control it. Even if the item is not found with you, you can be charged with possession if it is discovered in your car, home, bag, storage area, or any place that you could take control of the property.

What Are the Penalties for Possessing Stolen Property in NJ?

The penalties for receiving stolen property are primarily based on the value of the property involved. This crime can be charged as a disorderly persons offense or an indictable crime (New Jersey’s terms for misdemeanor and felony, respectively).

While the specific circumstances of the offense will impact the outcome of the penalties incurred, below are the standard sentencing guidelines for each level of offense.

  • Disorderly persons offense: Property valued at less than $200, up to 6 months in jail, and fines of up to $1,000
  • Fourth-degree crime: Property valued between $200 and $500, up to 18 months in prison, and fines of up to $10,000
  • Third-degree crime: Property valued between $500 and $75,000, 3 to 5 years in prison, and fines of up to $15,000
  • Second-degree crime: Property valued at more than $75,000, 5 to 10 years in prison, and fines of up to $150,000

Additional factors can influence the associated penalties, like the type of property stolen. For more information and to secure legal representation, contact an attorney at the Law Office of Douglas Herring today.