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People facing an investigation or criminal charges for theft, fraud and other property crimes often forget that being charged with a crime is not the same as being found guilty of a crime. Under our constitutional rights, the state or federal prosecutor must prove beyond a reasonable doubt that a crime was committed. In addition, throughout the case, the police and prosecutors must regard your rights at all times, beginning with reasonable suspicion necessary to secure a warrant for searching your property.
At The Montanari Law Group, we hold the police and prosecutors to the highest standards. We challenge everything about the prosecution’s case and work aggressively to make sure no illegal evidence is used against you. Whenever possible, we work toward a dismissal or reduction of charges and fight to help you avoid the harsh penalties that can result from a conviction.
From offices in Little Falls, our Passaic County criminal defense lawyers advise and represent people charged with criminal offenses in communities throughout New Jersey and New York. Call us toll-free at 888-877-7985 or contact us by email to arrange an initial consultation with one of our experienced Passaic County theft defense attorneys right away.
Our lawyers have extensive experience providing effective criminal defense for people accused of theft and property crimes such as:
According to N.J.S.A. 2C:20-4, the prosecution must prove, beyond a reasonable doubt, 3 points. First, that the defendant received someone else’s property. Next, the defendant deceived the victim to obtain the property. Third, the defendant’s deception was reinforced and relied upon by the victim to complete the transaction. A valuable point with this charge is that the deception must be to obtain financial gain. Boasting about a used car you want to sell or about these great diet supplements you are hawking as part of the latest MLM does not fall under theft by deception. Moreover, the actions taken by the defendant must be with an intent to deceive the victim. An accident or something unintended would not be considered a crime in this case.
Any criminal act of theft by deception under $200 in value is a disorderly person offense (a misdemeanor) which can give up to six months in jail and a fine of $1,000. A monetary value of $200-$500 is a fourth-degree crime with a minimum of 18 months and a fine of $10,000. Theft by deception in the third degree is for crimes of $500-$75,000 in value. It carries jail time of three to five years and a fine of $15,000. Second-degree crimes have a value of over $75,000 and take a sentence of five to ten years and a $150,000 fine.
It is important to note that the prosecution will frequently add the amount of each victim to press a higher charge. For example, if someone is charged with ten counts of theft by deception and each victim loses $150, she could possibly be accused of theft by deception in the third degree. Another important point is that frequently, judges will order restitution to the victims as well as fines and jail time.
Also, second-degree charges have a presumption of incarceration. Third and fourth degree do not if they are the defendant’s first criminal offense. Various mitigating factors could affect the severity of the charges. A judge will look at the amount of money that was absconded, the defendant’s criminal background, whether or not the defendant is a minor, and if there are any extenuating circumstances.
There are several components to New Jersey’s theft by extortion law (NJSA 2C 20-5). If someone threatens to hurt you physically or restrains you from receiving monetary payment from you, that is extortion. Threatening to falsely accuse someone or cause other charges to be pressed against them is illegal. For example, if your ex-partner accuses you of domestic violence after several threats demanding various sums of money you hadn’t paid, that is extortion. This is a particularly dangerous kind of extortion because the accusation could lead to actual charges, and if children are in the home, further action could be taken.
Extortion can also occur when someone threatens to testify, not testify, or tamper with witnesses unless payment is made for civil or criminal court. When someone threatens to disclose private information (secrets), whether they are true or not, and they would cause you to be subject to ridicule hate, or it could tarnish your reputation in the community, as well as affect your business or job, and impede your normal practices, that is extortion. For example, if you own a restaurant and someone threatens to post negative reviews about the kitchen’s cleanliness or the waitstaff’s temperament unless you pay what they are asking, that is extortion.
When someone threatens to organize or draw out a boycott, strike, or other public display, such as a protest, with the only purpose being to cause damage to your business, it is extortion. For example, if you own a clothing store and a group of protestors show up to accuse you of slave labor practices to manufacture your clothes, and you are approached by someone who is demanding payment, or they will make sure the protests continue until you are out of business, that too is extortion.
As an official, if you act or choose not to act, or if you cause another official to do the same in exchange for money, that is extortion and violates the governing law. Extortion is also when harm is done to you that doesn’t directly benefit the person who did it but was affected to harm you materially. Computer viruses, vandalism of private property, and destruction of your property, among others, when payment is demanded, are examples of this extortion.
There are varying degrees of theft by extortion charges. A disorderly persons offense for extortion of an amount less than $200 can carry a sentence of up to 6 months in jail. A 4th degree extortion charge is for cases involving $200 to $500, and includes penalties of up to 18 months in prison. A third degree extortion charge is for issues involving vehicles, guns, boats, pets, or airplanes, and funds for $500 up to $75,000. One can receive a prison sentence of 3 to 5 years in prison. The extortion charge tops out at second-degree and is anything above $75,000 or a kilo of a controlled substance. The prison term for 2nd-degree extortion is 5 to 10 years and falls under the No Early Release Act (NERA), which requires that 85% of the prison term be served.
Wherever you are in New Jersey or New York, call us toll-free at 888-877-7985. Our weekday business hours are 9 a.m. to 5:30 p.m., or you may leave us a message anytime after hours or on weekends. We respond quickly to calls and emails. If you cannot come to our offices in Little Falls, we will make every effort to meet at a location convenient for you. We accept credit cards for your convenience and have a Spanish interpreter available.
“Michael Montanari was a great lawyer to represent my case and I’m grateful I found him through reviews like these. He’s extremely helpful and knowledgable and it was a pleasure having him represent my case and win. Highly recommend.” – Juan Alvarez
“Michael is knowledgeable, helpful, proactive, and an expert in his field. I had a very specific situation that he was able to expertly navigate and guide me through for the best possible result. I received exactly the outcome I was hoping for and it’s all thanks to the careful guidance and support of Michael and his team. Thank you again Michael!” – Aidan McGourty
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