If you’ve ever found yourself with an item you suspect might not be legitimate or could have been illegally obtained, you may be facing a serious legal situation in New Jersey. Many people don’t realize that simply possessing property that was stolen can lead to criminal charges, even if you didn’t steal it yourself. New Jersey law takes the crime of receiving stolen property seriously, and a conviction can result in harsh penalties, including significant fines and jail time. It is crucial that you understand the specifics of these charges and know your rights. Read on for more information and work with a knowledgeable Bergen County criminal defense lawyer to secure the help of a legal professional today.
Is Possessing Stolen Property a Crime in NJ?
Yes, possessing stolen property is a crime in New Jersey. The offense is typically charged as “receiving stolen property,” outlined under N.J.S.A. 2C:20-7. The law states that “A person is guilty of theft if he knowingly receives or brings into this State movable property, other than a motor vehicle, of another knowing that it has been stolen, or believing that it is probably stolen.”
A person can be convicted of this crime if they knowingly receive, retain, or dispose of property that they know or reasonably should know is probably stolen. It is important to understand that you do not have to be the person who originally stole the item to face these charges. Simply having control over or handling property that you know or suspect is stolen is enough to constitute the offense. The focus is on the individual’s knowledge or belief regarding the property’s stolen nature, not whether they played a role in the original theft.
What Does Possession Mean?
In New Jersey, “possession” doesn’t always mean physically holding an item. When it comes to possessing stolen property, the prosecution only needs to prove that the defendant had control over the property. This can fall into two main categories: actual possession and constructive possession.
Actual possession is the most straightforward concept, meaning the stolen property is physically on the person or within their immediate reach and control. For example, if the item is in their pocket, backpack, or being carried, they have actual possession of it.
Constructive possession is a slightly more complex concept, occurring when an individual does not have physical custody of the stolen property but has both the knowledge of the item’s presence and the ability to exercise control over it. Examples include stolen items found in a person’s home, private garage, or car.
Receiving stolen property can be based on either actual or constructive possession. If the prosecution can demonstrate beyond a reasonable doubt that the defendant knew the property was stolen or likely stolen, and that the defendant was in either actual or constructive possession of the item, they can be convicted. To learn more and secure legal help, reach out to an experienced attorney today.