New Jersey Receiving Stolen Property Law
We represent clients charged with N.J.S.A. 2C:20-7; New Jersey Receiving stolen property complaints and indictments filed in Middlesex County, Monmouth County, Mercer County, Somerset County, Essex County, Union County, and Hudson County.
This is an act of unauthorized control over the property of another with the purpose of appropriating or disposing of it for the benefit of someone other than the owner.
A person is guilty of theft if she knowingly receives or brings into the state movable property of another knowing that it has been stolen or believing that it has probably been stolen.
It is sufficient if the state proves that defendant believed that the property was probably stolen.
Receiving includes the acquiring possession, control, title or the lending on the security of the property.
Possession signifies purposeful control: the ability to affect physically and care for the item during a span of time.
There are two types of possession: actual and constructive.
Actual possession is when defendant has physical control over the object.
Constructive means possession in which the property although not physically located on the defendant is so located that the defendant is able to exercise control over it.
It is an affirmative defense that the property received with the purpose to restore it to the owner.
The state must prove the following five elements in a prosecution for receiving stolen property.
First, the state must prove that the property was of another.
Second, the state must prove that the property was stolen.
Third, defendant knew or believed that the property probably had been stolen.
Fourth, defendant acquired possession, control, title or lent on the security of the property or brought it into the state.
Fifth, it must be proved that it was done knowingly.
If you have any questions for a NJ criminal defense attorney about a New Jersey Receiving Stolen Property charge, please do not hesitate to contact us.