If you are accused of taking property from someone without their consent, you need a Mercer County unlawful taking defense lawyer who can fight for your rights. Contact the Law Office of Douglas Herring today to learn more about these charges and how our firm can help you fight them.
Mercer County Unlawful Taking Defense Lawyer | On Your Side
There is nothing more damaging to a person than having a criminal record. As a criminal defense firm, our job is to shield you and protect your rights. With a Mercer County criminal defense lawyer on your side, you stand a far greater chance of maintaining your freedom and staying out of jail.
What is Unlawful Taking?
In New Jersey, the most common charge for theft is called Theft by Unlawful Taking and it is defined in New Jersey Statute 2C:20-3. This is an all-encompassing crime that says a person is guilty of theft if the person unlawfully takes or controls property of another with the purpose to keep the property. Depending on the circumstances, a person could be charged with additional forms of theft, including Theft by Deception – N.J.S.A. 2C:20-4, Receiving Stolen Property – N.J.S.A. 2C:20-7, Burglary – N.J.S.A. 2C:18-2.
This is the most common type of theft charge in New Jersey because the taking of someone’s movable property without their permission covers almost all items that can be stolen. “Property” simply refers to anything of value, including personal property, vehicles, animals, financial instruments, information, and computer software. “Movable property” means property that can be physically moved from one place to another.
The final element of theft by unlawful taking is the requirement that the property was taken with the intent to deprive the other person of their property. This would mean that you must have planned to keep the property of another permanently or must have planned to get rid of the property so as to make it unlikely that the owner will recover it. 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.
In order for the prosecution to convict you of Theft by Unlawful Taking, they must prove the following elements:
- That you knowingly took movable property;
- That the movable property belonged to someone else;
- That your purpose was to deprive the other person of their property.
Contact Us Today!
The bottom line is that if you’ve been charged with an act of unlawful taking, it is paramount that you speak with a competent Mercer County unlawful taking defense lawyer as soon as you can. Contact the Law Office of Douglas Herring to schedule your free consultation with our legal team.