Theft By Failure To Make Required Disposition of Property Received
The State shoulders the burden at trial to prove beyond a reasonable doubt that the:
- Defendant purposely obtained or retained the property;
- Defendant did so upon agreement, or subject to legal obligation;
- Agreement or legal obligation required the defendant to make specified payment or other disposition from the property itself or its proceeds, or from his/her own property reserved in equivalent amount;
- Defendant knew the legal obligation;
- Defendant purposely dealt with the property as if it were his/her own; and
- Defendant purposely failed to make the required payment or disposition.
New Jersey law sets forth several factors for grading theft offenses. These factors are not limited to the monetary value of property stolen. For example, any property taken by extortion irrespective of monetary value is graded as a second degree crime. But the news item in this post involves money. Thus, based on this context, Second Degree Theft involves amounts of $75,000.00 or more. Additionally, third Degree Theft involves amounts greater than $500.00 and less than $75,000.00. Furthermore, fourth Degree Theft involves amounts of at least $200.00 and less than $500.00. Moreover, Disorderly Persons Theft invovles amounts of less than $200.00.
Did the cops charge you with Theft?
New Jersey Criminal Lawyer Michael A. Smolensky, Esquire, knows how to protect his clients. Mr. Smolensky can provide confidential consultations in all cases involving Theft By Failure To Make Required Disposition of Property Received under N.J.S.A. 2c:20-9.