Theft is a very serious crime in New Jersey, and conviction for it is even more serious. Our theft laws are governed by N.J.S.A. 2C:20-2. This statute sets out the various penalties for a form of theft known as the ‘unlawful taking of conveyance’, and generally applies when someone uses anothers vehicle. The crime carries a possible 5 years prison term, $15,000 Fine, and a Criminal Record.
With such harsh penalties, it is important to have the best defense available. With over 40 years experience as a Judge, Prosecutor, and Criminal Defense Lawyer, the Attorneys of Avery & Avery know how to keep you out of trouble. As Criminal Defense Lawyers, we have mastered the identification of flaws in the States case, and will work with you to avoid a criminal conviction.
The following is a reproduction of NJ’s 'Unlawful Taking' Statute NJSA 2C:20-10:
a. A person commits a disorderly persons offense if, with purpose to withhold temporarily from the owner, he takes, operates, or exercises control over any means of conveyance, other than a motor vehicle, without consent of the owner or other person authorized to give consent. “Means of conveyance” includes but is not limited to motor vehicles, bicycles, motorized bicycles, boats, horses, vessels, surfboards, rafts, skimobiles, airplanes, trains, trams and trailers. It is an affirmative defense to prosecution under subsections a., b. and c. of this section that the actor reasonably believed that the owner or any other person authorized to give consent would have consented to the operation had he known of it.
b. A person commits a crime of the fourth degree if, with purpose to withhold temporarily from the owner, he takes, operates or exercises control over a motor vehicle without the consent of the owner or other person authorized to give consent.
c. A person commits a crime of the third degree if, with purpose to withhold temporarily from the owner, he takes, operates or exercises control over a motor vehicle without the consent of the owner or other person authorized to give consent and operates the motor vehicle in a manner that creates a risk of injury to any person or a risk of damage to property.
d. A person commits a crime of the fourth degree if he enters and rides in a motor vehicle knowing that the motor vehicle has been taken or is being operated without the consent of the owner or other person authorized to consent.