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There may be defenses in your case which could help you avoid conviction or avoid jail time even in the event of a conviction. If you were to steal the property of another in Pennsylvania, you would be charged under this statute. This type of defense might apply if you purchased something online that you did not know was stolen. In addition, the police may have violated your constitutional rights when arrested you or when they recovered the stolen items. Credibility - Credibility is almost always an issue in criminal trials because the prosecution must prove each element of the crime beyond a reasonable doubt. Less than $150||$150 or more||Over $1, 000|. Third-degree felony. If not, they will fight to reduce any sentence as much as possible. Section 2C:20-3 - Theft by unlawful taking or disposition. This grade of 2C:20-3 charge applies where property has a value of under $200. If the value is greater than $75, 000, the charge will be second degree. It can range in gradation from a summary offense to a Felony of the Third Degree.
Theft By Unlawful Taking - Movable Property
Unlawfully takes or exercises control: Theft of movable property occurs when a person takes property knowing that he is not supposed to take it or move it. Theft by Unlawful Taking - Under New Jersey law, this offense refers to two types of property - movable property and immovable property. Like receiving stolen property, theft by unlawful taking and theft by deception, each has its own elements that the prosecutor must prove to establish guilt, as well as a range of penalties. Pre-Trial Diversion - Philadelphia prosecutors offer a number of different pre-trial diversionary programs which could allow you to avoid a criminal conviction and jail time if you have no prior record or a limited record. Contact Your Senator. Whatever motivated the theft, those who are charged face frightening repercussions that include prison, fines and a criminal record. 3921 defines theft as theft by unlawful taking or disposition. If the police question you, tell them you want a lawyer and politely refuse to answer their questions. Please check official sources. The important part is to get an account of what happened down on paper to share with whatever attorney you hire. Offense grading and penalties for theft by unlawful taking or disposition.
Theft By Unlawful Taking Movable Property Group
When you meet with your lawyer, be sure to tell your lawyer everything that happened both before and during your arrest. The penalties are set forth by statute 514. Should the case go to trial, we will fight to present the strongest defense possible for your situation. Theft of property lost, mislaid, or delivered by mistake. Second Degree Felony: The unlawful taking of a firearm when the defendant is not involved in buying and selling firearms is a felony of the second degree. Theft by Unlawful Taking or Disposition is found under Section 3921 of the Pennsylvania Crimes Code. Valuation - Our experienced criminal defense lawyers may be able to challenge the valuation of the property and have the charges reduced from a felony to a misdemeanor when the prosecutor cannot prove that the property was worth more than $2, 000. 00, theft in this form is a second degree crime. The accused must also intend to deprive the actual owner of the property.
Theft By Unlawful Taking Of Movable Property
If you were to steal merchandise from a retail establishment you would be charged with the crime of Retail theft whereas Theft by Unlawful Taking covers taking property from a person or entity other than a retail establishment. A person extorts if he purposely threatens to: a. What Are the Potential Penalties for Theft in Pennsylvania? The least serious are Disorderly Persons charges, and will be resolved in the local Municipal Court, while the more serious theft charges range from Fourth Degree to Second Degree Theft. If you were not Mirandized, but questioned after arrest, then your Miranda Rights may have been violated. Steals property valued at over $100, 000 but less than $500, 000; or. If the value is between $500 and $75, 000, the charge will be third degree, exposing the defendant to up to five years in prison plus fines, penalties and restitution. We are available anytime at 732-440-3950 or toll-free at 888-328-9131 to answer your questions. However, even when charged as a misdemeanor, these charges are extremely serious due to the potential for damage to a defendant's career and employability. The defendant will be charged with a disorderly persons offense if the property is less than $200. A few other factors also make a difference in the severity of the grading. 2C:20-3, theft by unlawful taking refers to two types of properties: movable and immovable objects. Fourth Degree Theft: Amount between $200 and $500; punishable by up to 18 months in state prison.
Theft Movable Property Definition
Steps To Take If You Have Been Charged. The stolen property is worth $10 million or more, in which case it is a Class B felony. To be convicted, the prosecutor must show that the defendant knowingly or purposefully obtained the property of another by means of deception. 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. In other words, penalties for lesser amounts (under $500) are going to be less severe than those involving greater amounts, and that sliding of punishment scale only gets larger as the value increases. In many cases involving felony valuations, it is still possible to negotiate for a lesser gradation if the defendant does not have a significant criminal history. 03/13/2023 05:52 AM. First, there must a form of taking or control of a movable or immovable property. Identity Theft N. 2C:21-17: Theft of another person's identity, to obtain a benefit, is a Fourth-Degree crime, if the benefit gained was less than $500. He can only be sentenced by the judge on the charge of Robbery. Theft by Unlawful Taking is often charged along with Receiving Stolen Property, and the two offenses merge at sentencing if the defendant is convicted of both criminal offenses. Article C. Offenses Against Property.
Theft By Unlawful Taking Movable Property In Pa
If you are questioned by the police or arrested for theft, it's important to retain an experienced and aggressive defense attorney as soon as you can. Also, subsequent retail theft offenses become dramatically more consequential after receiving a first retail theft conviction. "Property" simply refers to anything of value, including personal property, vehicles, animals, financial instruments, information, and computer software. If your charges cannot be dismissed, and a conviction looks certain, then it may be possible to reduce the severity through plea bargaining. 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. Severity of Pennsylvania Theft Charges. Besides theft by unlawful taking, if you knowingly take the property of another, there are other crimes you can be charged with. The lawyer might also be able to save you a lot of money. The seriousness of the crime is based upon the value of the property stolen. L. 95; amended 2003, c. 43. Put simply - theft by unlawful taking means taking or stealing something that you know doesn't belong to you. Third Degree Felony: Stealing movable or immovable property is often a felony of the third degree because stealing a motor vehicle such as a car, boat, motorcycle, or dirt bike is a felony of the third degree.
2013 New Jersey Revised Statutes. Give yourself the benefit of this opportunity or even the possibility of Pretrial Intervention, by giving us a call now at 862-203-4070. Monetary loss, however, is not element of theft by unlawful taking or disposition. Follow Warrington Township Police Department. This criminal charge can have a long-lasting impact on your life if you're convicted, making it difficult to get a job, pass a background check, rent an apartment, or more. In Pennsylvania, you can be jailed or fined for theft. In Pennsylvania, judges are required to consider the sentencing guidelines when deciding on a sentence for a defendant.
Here is a brief description of three of the most common types of theft offenses. We were able to obtain a dismissal of all charges at the preliminary hearing. Thefts Committed During Disasters. No single approach can solve every problem.
This is mainly due to prosecutors and judges handing down harsher penalties because the employee was in a position of trust. Pawn shop transaction records. Kristy L. Bruce, Esq. This would be the charge if you tried to steal a house or a plot of land.