Theft by Extortion Charges 2C:20-5
Freehold NJ Theft by Extortion Lawyers
If you have been accused of theft by extortion in Monmouth County it is essential that you speak to an experienced criminal defense lawyer as soon as possible. As you will see below, theft by extortion is a very serious crime and if it is not handled properly, it could land someone behind bars for a decade. Not to mention be saddled with a $150,000 fine. Furthermore, based on the new bail guidelines, anyone charged with this type of offense might be detained in the Monmouth County jail, pending trial, without bail. But before that can occur, the prosecution must be successful at what is known as a Detention Hearing. During that hearing the prosecution will be seeking to prove that in order to protect society, prevent the Defendant from obstructing the prosecution of their case and/or assure the Defendant’s appearance in court, they must be detained without bail. These hearings always should be contested. If you would like to speak to one of our Monmouth County criminal defense attorneys about your options then please contact us at 732.858.6959.
Proetta & Oliver defends clients accused of crimes like theft by extortion, robbery, burglary, theft by deception, receiving stolen property, shoplifting and theft of movable property in courts throughout Monmouth County. Our attorneys are well aware that no two clients let alone no two cases are the same. As such, we are dedicated to being able to adapt our representation in order to fulfill our clients needs. If you have been arrested in Freehold, Middletown, Belmar, Manalapan, Ocean, Wall Township, Asbury Park, Marlboro, Keansburg, Union Beach, Tinton Falls, Howell and Hazlet, we can help. If you would like to set up a free initial consultation with one of our attorneys, then please contact us directly at 732.858.6959.
Theft by Extortion Attorneys in Wall NJ
Theft by extortion basically occurs when a Defendant obtains the property of another by using some form of an extortion. This is very similar to the offense of robbery, except that actual force is not used but rather some form of an extortion. The governing statute in New Jersey for theft by extortion is NJSA 2C:20-5. In order to be guilt of this offense, the prosecution must prove the following elements beyond a reasonable doubt:
- That the Defendant obtained the property of another;
- The Defendant did so purposely or knowingly; &
- In order to obtain that property, the Defendant used some form of an extortion.
Pursuant to NJSA 2C:20-5, a persons extorts another if he purposely threatens to:
- Inflict bodily injury on or physically confine or restrain anyone or commit any other criminal offense;
- Accuse anyone of an offense or cause charges of an offense to be instituted against any person;
- Expose or publicize any secret or any asserted fact, whether true or false, tending to subject any person to hatred, contempt or ridicule, or to impair his credit or business repute;
- Take or withhold action as an official, or cause an official to take or withhold action;
- Bring about or continue a strike, boycott or other collective action, if the property is not demanded or received for the benefit of the group in whose interest the actor purports to act;
- Testify or provide information or withhold testimony or information with respect to another’s legal claim or defense; or
- Inflict any other harm which would not substantially benefit the actor but which is calculated to materially harm another person.
Will I go to Jail for a Theft of Extortion Charge in NJ?
Unlike almost every other theft crime in New Jersey, the degree of the theft by extortion charge will not be dictated by the dollar amount of the property in question. Regardless of the dollar amount of the property in question, theft by extortion is a second degree felony offense in New Jersey. If convicted, a Defendant will be facing ten years in a state prison, a $150,000 fine, a felony criminal record and restitution if applicable. If you would like to speak to one of our Monmouth County criminal defense lawyers about your options then please contact us at 732.858.6959.
Asbury Park NJ Theft by Extortion Lawyers
The Monmouth County criminal defense attorneys at Proetta & Oliver have been defending clients accused of receiving stolen property, shoplifting, theft of service, burglary, robbery, carjacking and money laundering in courts throughout New Jersey for the better part of the last decade. We are well aware of what a felony theft conviction, let alone a lengthy prison sentence can do to someone’s life. As such, we are dedicated to aggressively challenging the evidence presented against you. If you would like to speak to one of our criminal defense attorneys about your options then please contact us at (732)858.6959. Our attorneys appear in courts in towns throughout Monmouth County, including Manasquan, Tinton Falls, Eatontown, Aberdeen, Matawan, Colts Neck, Asbury Park, Wall Township and Little Silver.