What Are the Potential Defenses Against Theft Charges in New Jersey?

In New Jersey, theft is outlined in N.J.R.S. 2C:20-3. This law recognizes three types of theft: theft by unlawful taking or disposition, theft by deception, and theft by extortion. If you are facing any of these theft charges it is crucial that you understand the potential defenses available to you. Work with a Mercer County theft lawyer for experienced representation in your case.

What is Theft?

As established, there are three types of theft recognized under NJ state law.

1. Theft by unlawful taking or disposition occurs when a person illegally takes or exercises unlawful control over the movable property of another person with the purpose of depriving the owner of the item, or when a person unlawfully transfers interest in the immovable property of another person to benefit from the transaction.
2. A person is guilty of theft by deception if they obtain the property of another person by deceit, like creating or reinforcing a false impression, preventing another person from acquiring information that would affect their judgment of a transaction, or failing to correct a false impression that is influencing the property owner in their actions.
3. Theft by extortion occurs when a person purposefully and unlawfully obtains the property of another person by use of extortion including inflicting bodily injury, exposing secrets, accusing them of a crime, bringing about a strike, and more.

What Are the Potential Defenses Against Theft Charges in NJ?

If you are being charged with theft in New Jersey it is crucial that you understand your rights and legal options. The following defenses have been proven effective in theft cases depending on the details of the circumstances.

1. Lack of intent: A theft conviction requires that you had the intention of permanently depriving the owner of their property. If you can prove that you did not intend to steal the item, you may be able to prove lack of intent.
2. Mistake of fact: Mistake of fact is often effective and applies if you can prove that you genuinely believed that the property belonged to you or that you had a valid claim to the property.
3. Consent: If you had the owner’s permission to take or use the property, either explicitly or implicitly, it can be an effective defense against your theft charges.
4. Entrapment: If you can prove that you were coerced into committing the crime, generally by a police officer or other law enforcement agent, and that you would not have committed the crime otherwise, it can act as an effective defensive strategy.
5. Insufficient evidence: In any case, the prosecution must have enough evidence to establish beyond a reasonable doubt that the defendant committed the crime. If they have weak or insufficient evidence, or the evidence was obtained illegally, you could attempt to get the case dismissed based on a lack of evidence.
6. Return of property: While returning the stolen property after the fact does not help prove that you did not commit the crime, it can make you appear more sympathetic and can result in a case dismissal, reduction of charges, or plea deal.

The above and more may benefit your case depending on the specific circumstances. Speak with a skilled defense lawyer for more information.