NJ Criminal Lawyers in Cherry Hill
Representing Individuals Charged with Property Crimes: Theft, Burglary and Robbery
When you are charged with a property crime such as theft, burglary or robbery, you could be facing serious, irreversible consequences. Any of these charges can result in incarceration, restitution, fines and a permanent criminal record. New Jersey criminal defense attorney, Michele Finizio, can assist you throughout this difficult process. She has handled numerous matters throughout the Cherry Hill, New Jersey area, and has appeared in criminal courts throughout South Jersey, including Camden County, Burlington County, Gloucester County, Cumberland County, Salem County, Atlantic County and Ocean County.
Burglary can occur in several different forms. In most cases, burglary is considered any unlawful entry into a structure with the intent to commit a crime. This can happen at both private residences and businesses. The intent to commit or the act of committing a crime, whether it is theft or not, is classified as a burglary, which does not have to involve breaking and entering. Burglary can also happen when someone trespasses illegally. More specifically, pursuant to N.J.S.A. 2C:18 , a person may be charged and convicted of third degree burglary if you have:
- entered a structure without privilege;
- surreptitiously remained in the structure knowing you are not licensed or privileged to be there ; and
- intended to commit any offense while entering the structure – a structure being considered as any enclosed section such as a warehouse, home or car.
Second degree burglary is considered to have all the components of third degree burglary but will also include:
- the threat or actual bodily harm of someone; and
- the presence or appearance of a weapon.
Depending on the degree of burglary with which you are charged, burglary is punishable by incarceration of 3 to 10 years in prison. If you have been charged with burglary, contact Cherry Hill burglary attorney, Michele Finizio, as soon as possible to defend against the charges.
Theft in New Jersey is defined as the unlawful taking of another’s property with the intent of depriving the owner of its use. Theft can consist of varying actions including the stealing of money or items from a store, stealing someone’s personal property, or stealing controlled substances. Theft also covers criminal acts like embezzlement, extortion, identity theft, and obtaining merchandise under false pretenses. Depending on the degree of theft charged, theft can be punishable by incarceration anywhere from 6 months to 10 years with fines of up to $150,000., which may not include restitution. N.J.S.A. 2C:20 defines the degrees of theft in terms of the value of the stolen property as follows:
- A disorderly persons offense consists of any theft of property worth less than $200.
- Fourth degree theft is any taking of articles worth $200 and $500.
- Third degree theft is the taking of any property worth $500 and $75,000.
- Second degree theft is a property taken worth $75,000 or more and carries the greatest level of fines, restitution and prison terms.
Other factors determine the degree of theft charges, so it is imperative that you seek legal representation by a knowledgeable theft attorney to defend against the potentially extensive consequences.
The criminal offense of Robbery is considered the forceful taking of another’s property. Robbery often involves the use of weapons, which makes the robbery a more serious crime and may be considered an aggravating factor for sentencing. According to N.J.S.A. 2C:15, you can be charged with second degree robbery if you have:
- committed or attempted to commit a theft;
- inflicted bodily injury, used force, threatened a victim with bodily injury or committed or threatened to commit an immediate crime; and
- purposely acted to commit this crime.
Second degree robbery is punishable by incarceration of 5 to 10 years in prison.
A person can be charged with first degree robbery, which is a more serious crime punishable by incarceration of 10 to 20 years in prison, if you have committed all of the components of second degree robbery and any of the following:
- attempted to kill someone;
- purposely inflicted serious bodily injury; or
- was either armed or threatened the use of a deadly weapon.
If you are charged with robbery, Cherry Hill criminal lawyer Michele Finizio will put together a defense strategy that will protect your rights and seek the best outcome possible for your criminal case.