Understanding Fencing Crime in New Jersey
Fencing crime in New Jersey refers to the act of receiving, concealing, or disposing of stolen property, knowing it to be stolen. This crime is taken seriously, with penalties ranging from misdemeanors to felonies, depending on the value of the stolen goods.
To be convicted of fencing, the prosecution must prove that the defendant knowingly received or concealed stolen property, with the intention of permanently depriving the owner of their property. A skilled criminal defense attorney can help navigate these complex laws.
New Jersey Laws and Penalties for Fencing
In New Jersey, fencing is governed by N.J.S.A. 2C:20-7, which states that a person is guilty of fencing if they knowingly receive or conceal stolen property. The penalties for fencing vary based on the value of the stolen goods, with higher values resulting in more severe penalties.
For example, if the stolen property is valued at less than $200, the offense is considered a disorderly persons offense, carrying a penalty of up to six months in jail and a fine of up to $1,000. However, if the stolen property is valued at $75,000 or more, the offense is considered a second-degree crime, carrying a penalty of five to ten years in prison.
Defenses to Fencing Charges in New Jersey
There are several defenses to fencing charges in New Jersey, including lack of knowledge that the property was stolen, and lack of intent to permanently deprive the owner of their property. A skilled criminal defense attorney can help raise these defenses and negotiate with the prosecution to reduce or dismiss the charges.
Additionally, if the defendant can prove that they were unaware that the property was stolen, or that they were merely a bystander and not actively involved in the fencing operation, they may be able to avoid conviction.
Consequences of a Fencing Conviction in New Jersey
A conviction for fencing in New Jersey can have serious consequences, including imprisonment, fines, and a permanent criminal record. A criminal record can make it difficult to find employment, housing, and other opportunities, and can also lead to social stigma and embarrassment.
Furthermore, a conviction for fencing can also lead to additional penalties, such as restitution to the victim, community service, and probation. A skilled criminal defense attorney can help mitigate these consequences and protect the defendant's rights.
Seeking Legal Representation for Fencing Charges
If you or a loved one is facing fencing charges in New Jersey, it is essential to seek the advice of a skilled criminal defense attorney. An experienced attorney can help navigate the complex laws and procedures, and provide a strong defense against the charges.
A skilled attorney can also help negotiate with the prosecution to reduce or dismiss the charges, and can provide guidance on the best course of action to take. Don't hesitate to seek legal representation if you are facing fencing charges in New Jersey.
Frequently Asked Questions
What is the difference between fencing and theft in New Jersey?
Fencing refers to the act of receiving or concealing stolen property, while theft refers to the act of taking property without permission. Fencing is a separate crime from theft, but can be related to theft charges.
Can I be charged with fencing if I didn't know the property was stolen?
Yes, you can still be charged with fencing even if you didn't know the property was stolen. However, lack of knowledge can be used as a defense, and a skilled attorney can help raise this defense.
What are the penalties for fencing in New Jersey?
The penalties for fencing in New Jersey vary based on the value of the stolen goods, ranging from disorderly persons offenses to second-degree crimes, carrying penalties of up to ten years in prison.
Do I need a lawyer if I'm facing fencing charges in New Jersey?
Yes, it is highly recommended that you seek the advice of a skilled criminal defense attorney if you are facing fencing charges in New Jersey. An experienced attorney can help navigate the complex laws and procedures, and provide a strong defense against the charges.
Can a fencing conviction be expunged in New Jersey?
Yes, a fencing conviction can be expunged in New Jersey, but only after a certain period of time has passed and certain conditions have been met. A skilled attorney can help guide you through the expungement process.
How long does a fencing case typically take to resolve in New Jersey?
The length of time it takes to resolve a fencing case in New Jersey can vary depending on the complexity of the case and the court's schedule. However, with the help of a skilled attorney, a fencing case can typically be resolved within several months to a year.