Receiving Stolen Property New Jersey

New Jersey Receiving Stolen Property Defense Attorney

Receiving stolen property in New Jersey is a serious theft offense that carries the same penalties as if you had stolen the property yourself. Under N.J.S.A. 2C:20-7, you can be charged with this crime even if you did not participate in the original theft. All prosecutors need to prove is that you knowingly received property that you knew or believed was probably stolen. Whether you purchased items at a suspiciously low price, accepted goods from a friend, or found yourself in possession of property you later discovered was stolen, these charges can result in years in prison and a permanent criminal record.

At the Law Offices of Matthew Cohan, we bring a former prosecutor's perspective to every receiving stolen property case. This background provides critical insight into how the State builds these cases and what weaknesses can be exploited in your defense. If you are facing receiving stolen property charges in New Jersey, contact us today for a free, confidential consultation to discuss your options and learn how we can protect your future.

NJ Receiving Stolen Property Laws

New Jersey receiving stolen property laws are found at N.J.S.A. 2C:20-7. Under this statute, a person is guilty of theft if they knowingly receive or bring into the State movable property of another knowing that it has been stolen, or believing that it is probably stolen. The law defines "receiving" broadly to include:

• Acquiring possession of the property
• Acquiring control over the property
• Acquiring title to the property
• Lending money on the security of the property

It is important to understand that receiving stolen property in New Jersey does not require that you actually participated in the original theft. The statute specifically targets those who knowingly accept, purchase, or otherwise acquire property that has been stolen by someone else. This includes situations where you buy items from someone you suspect may have stolen them, accept gifts that you believe are probably stolen, take possession of items knowing they were taken without permission, or pawn or sell items on behalf of someone who stole them.

When Knowledge Is Presumed Under New Jersey Law

One of the most challenging aspects of New Jersey receiving stolen property laws is the statutory presumption of knowledge. Under N.J.S.A. 2C:20-7(b), prosecutors can establish that you knew or believed property was stolen through permissive inferences in certain situations:

• Multiple stolen items: You are found in possession or control of two or more items of property stolen on two or more separate occasions
• Prior transactions: You received stolen property in another transaction within the year preceding the current charge
• Dealer without inquiry: You are in the business of buying or selling the type of property received and acquired it without making reasonable inquiry about the seller's right to possess and dispose of it
• Defaced access devices: You are found in possession of two or more defaced access devices (credit cards, account numbers, etc.)
• Cargo carrier property: You are found in possession of property from a cargo carrier without proper documentation or evidence of right to possession

These presumptions make receiving stolen property charges particularly dangerous because prosecutors do not always need direct evidence that you knew the property was stolen. Circumstantial evidence fitting these categories can be enough to support a conviction.

Degrees of Receiving Stolen Property Charges

The grading of receiving stolen property charges in New Jersey depends primarily on the value of the property involved and the type of property received. The penalties mirror those for theft offenses under N.J.S.A. 2C:20-2.

Second Degree Receiving Stolen Property

Second degree receiving stolen property applies when:

• The value of the property is $75,000 or more
• The property is a controlled dangerous substance (CDS) in a quantity exceeding one kilogram

Penalties for second degree receiving stolen property include:

• 5 to 10 years in state prison
• Fines up to $150,000
• Presumption of incarceration, even for first-time offenders

Second degree receiving stolen property is an extremely serious charge. Unlike lower degree offenses, there is a presumption that you will be sentenced to prison even if you have no prior criminal record.

Third Degree Receiving Stolen Property

Third degree receiving stolen property applies when:

• The value of the property exceeds $500 but is less than $75,000
• The property is a firearm, motor vehicle, vessel, boat, horse, domestic companion animal, or airplane (regardless of value)
• The property is a controlled dangerous substance in a quantity of one kilogram or less
• The property is a New Jersey Prescription Blank
• The property is an access device or defaced access device

Penalties for third degree receiving stolen property include:

• 3 to 5 years in state prison
• Fines up to $15,000
• No presumption of incarceration for first-time offenders

Third degree receiving stolen property is the most commonly charged grade of this offense. Note that receiving certain types of property, such as firearms or motor vehicles, automatically results in third degree charges regardless of the property's value.

Fourth Degree Receiving Stolen Property

Fourth degree receiving stolen property applies when the value of the property is at least $200 but does not exceed $500.

Penalties for fourth degree receiving stolen property include:

• Up to 18 months in state prison
• Fines up to $10,000
• No presumption of incarceration for first-time offenders

Fourth degree receiving stolen property is still an indictable offense that will result in a felony-level conviction on your permanent record if you are found guilty.

Disorderly Persons Receiving Stolen Property

Disorderly persons receiving stolen property applies when the value of the property is less than $200.

Penalties for disorderly persons receiving stolen property include:

• Up to 6 months in county jail
• Fines up to $1,000
• Criminal record

Disorderly persons offenses are handled in municipal court rather than Superior Court. While considered less serious than indictable crimes, a conviction still creates a permanent criminal record that can affect employment, housing, and other opportunities.

Receiving a Stolen Motor Vehicle

New Jersey has a separate statute specifically addressing receiving stolen motor vehicles under N.J.S.A. 2C:20-10.2, enacted in 2023 in response to rising auto theft rates. Under this law:

• Receiving a stolen motor vehicle is a second degree crime if the value is $75,000 or more
• Receiving a stolen motor vehicle is a third degree crime if the value is less than $75,000

The same permissive inferences apply, and prosecutors can establish knowledge if you are found in possession of two or more motor vehicles stolen on separate occasions or have received a stolen motor vehicle in another transaction within the preceding year.

What Prosecutors Must Prove

To secure a conviction for receiving stolen property in New Jersey, prosecutors must prove several elements beyond a reasonable doubt:

• You received movable property (acquired possession, control, or title)
• The property belonged to another person
• The property was stolen
• At the time you received the property, you knew it was stolen or believed it was probably stolen

The knowledge element is often the most contested aspect of these cases. As a former prosecutor, I understand exactly what evidence the State relies upon to prove knowledge and where vulnerabilities exist in their case. Common evidence includes:

• The price paid for the property relative to its actual value
• The circumstances of the transaction
• Your relationship with the seller
• Whether you made any inquiry into the seller's right to sell
• Your possession of multiple stolen items
• Prior similar transactions

Defense Strategies for Receiving Stolen Property

Every receiving stolen property case presents unique facts that require a tailored defense approach. After thoroughly reviewing the evidence, we develop strategies designed to achieve the best possible outcome. Common defense approaches include:

• Lack of knowledge: Challenging whether you actually knew or believed the property was stolen at the time you received it
• Legitimate purchase: Demonstrating that you acquired the property through a legitimate transaction with no reason to suspect it was stolen
• Intent to restore: Under N.J.S.A. 2C:20-7(a), it is an affirmative defense that you received the property with the purpose of restoring it to its rightful owner
• Challenging the presumptions: Attacking the State's use of statutory presumptions to establish knowledge

Diversionary Programs for First-Time Offenders

If this is your first offense, you may be eligible for a diversionary program that could result in dismissal of your charges and no criminal record.

Pre-Trial Intervention (PTI) is available for first-time offenders charged with indictable receiving stolen property offenses. PTI requirements typically include:

• Completion of a probationary period (usually 1 to 3 years)
• Community service
• Payment of fees and restitution
• Remaining arrest-free during the program

If you successfully complete PTI, your charges are dismissed and you have no criminal conviction on your record. For second degree receiving stolen property, prosecutor consent is required for PTI admission, which is more difficult to obtain.

Conditional Dismissal is available for disorderly persons receiving stolen property offenses handled in municipal court. This program requires completion of one year of probation and compliance with court-ordered conditions. Upon successful completion, your charges are dismissed.

Collateral Consequences of a Conviction

The consequences of a receiving stolen property conviction extend well beyond fines and potential jail time:

Criminal record implications:

• Permanent criminal record visible on background checks
• Difficulty finding employment, especially in positions involving financial responsibility
• Professional licensing issues
• Housing application denials

Immigration consequences:

• Receiving stolen property may be considered a crime involving moral turpitude
• Potential deportation for non-citizens
• Inadmissibility for visa renewals or adjustments of status
• Barriers to naturalization

Why Choose a Former Prosecutor for Your Defense

Having served as a prosecutor, I bring an insider's understanding of how the State approaches receiving stolen property cases. I know what evidence prosecutors prioritize, how they use the statutory presumptions, and what weaknesses they hope defendants will not discover. This experience allows me to anticipate prosecutorial tactics and develop effective counter-strategies.

Receiving stolen property cases often hinge on the knowledge element, which can be difficult for prosecutors to prove directly. An experienced defense attorney who understands how to challenge circumstantial evidence and statutory presumptions can make a significant difference in the outcome of your case.

Contact a New Jersey Receiving Stolen Property Defense Attorney Today

If you or someone you love has been charged with receiving stolen property in New Jersey, the time to act is now. Early intervention can make a significant difference in the outcome of your case. We may be able to help you gain admission to PTI or conditional dismissal, negotiate reduced charges, or identify weaknesses in the State's case that could lead to dismissal.

Contact the Law Offices of Matthew Cohan today at (516) 375-1107 for a free, confidential consultation. We represent clients facing receiving stolen property charges throughout New Jersey and will fight to protect your rights, your record, and your future.