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Monmouth County Theft Lawyer

When we typically think of theft as a crime, we imagine a person carrying away an object that does not belong to them. However, there are other ways to commit the crime of theft in Monmouth County according to New Jersey state law. Whether someone commits theft by unlawful disposition, by deception, or by extortion, any kind of theft-related charge could result in serious legal consequences.

Contact a Monmouth County theft lawyer if you are facing theft charges in the area. A knowledgeable criminal attorney could represent your interests in court and, depending on the circumstances, may be able to mitigate the consequences of a conviction.

What is Theft by Unlawful Taking or Disposition?

New Jersey Revised Statutes §2C:20-3 criminalizes theft by unlawful taking—in other words, the kind of crime most people imagine when they think of the word theft. According to the statute, a person can be charged with this crime if they take or exercise unlawful control over movable property with the intent to deprive the person of that property.

Theft by unlawful taking refers to the taking of movable property. Unlawful disposition laws protect people’s immovable property. A person is guilty of theft by unlawful disposition if they illegally transfer an interest in an immovable property with the intent to deprive that person of it.

Theft by Deception Offenses

N.J. Rev. Stat. §2C:20-4 establishes the crime of theft by deception. A person commits this crime if they obtain property by:

  • Creating or reinforcing a false impression of law, value, intention or other state of mind
  • Preventing another from acquiring relevant information
  • Failing to correct a false impression which the deceiver previously created or reinforced
  • Failing to correct a false impression when acting as a fiduciary
  • In order to be found guilty of this crime, the defendant must have deceived purposefully. It should be noted that a defendant failing to perform on a promise does not qualify as intentional deception.

    Theft by Extortion

    According to N.J. Rev. Stat. §2C:20-5, it is a crime to commit theft by extortion.  A person is guilty of this charge if they obtain property from another person by purposefully threatening to do any of the following:

    • Inflict bodily injury on or physically confine or restrain anyone
    • Commit a criminal offense
    • Accuse someone of a crime
    • Take or withhold action as an official
    • Bring about or continue a strike, boycott, or other collective action
    • Testify or withhold testimony
    • Inflict any other harm calculated to materially harm another person

    It is important to know, however, that it is not a crime to threaten to testify or charge a person with a crime if the threatening party has a legal right to do so. The same logic applies if someone has a right to engage in a strike, boycott, or collective bargaining action. Extortion law can be quite complex in this way, and a Monmouth County theft lawyer could provide a more in-depth analysis.

    Get in Touch with a Theft Attorney

    Theft crimes can vary in severity depending on many factors. There are many ways in which one can commit a theft crime in Monmouth County, including theft by unlawful taking or disposition, theft by deception, and theft by extortion.

    If you are charged with a theft crime in Monmouth County, do not hesitate to consult with a Monmouth County theft lawyer who may be able to help you achieve a positive resolution to your case.