New Jersey Motor Vehicle Theft Attorneys

Aggressive Legal Advocates for Those Charged With Serious Theft Crimes

In New Jersey, theft of a motor vehicle is prohibited by the traditional theft provisions under N.J.S.A. 2C:20-3–theft by unlawful taking or disposition. Pursuant to N.J.S.A. 2C:20-3, the theft of a motor vehicle is a third-degree crime and is punishable for up to five years. Clearly, the potential consequences of a conviction are severe — and situations become far more serious when other allegations exist, such as participation in an auto theft ring. Regardless of the specific circumstances of your case, a New Jersey motor vehicle theft lawyer may be able to secure a favorable outcome on your behalf.

At The Bianchi Law Group, our dedicated team of trial attorneys understands how to make New Jersey law work for you. As former prosecutors, we know how to navigate every aspect of the criminal justice system. If you’re accused of having a stolen vehicle in your possession — or any related crime — an experienced criminal defense attorney at our law firm will review your case and help you understand all your rights and options. No matter what you’ve been accused of, even if circumstances increase charges from a third-degree crime, you’re entitled to a dedicated legal defense.

That’s precisely what you’ll find at The Bianchi Law Group. Contact our New Jersey motor vehicle theft attorneys today for a free consultation.

Why Hire Former Prosecutors When You Face Auto Theft Charges?

The Bianchi Law Group is made up of a team of former trial prosecutors who have handled the investigations and prosecutions of most crimes in New Jersey and will defend you for all federal and state crimes in New Jersey, including Theft of a Motor Vehicle. You would be hard-pressed to find a law office that’s better equipped to deal with your case — because our criminal defense attorneys have worked on both sides of the aisle. We spent time prosecuting criminal charges, so we know the tactics used by the government.

Far too many people agree to plea deals when the prosecutor threatens them with the potential for increased charges. After all, who wouldn’t be tempted if the state offered to overlook another serious offense and charge them with a fourth-degree crime rather than a second-degree offense? While auto theft in New Jersey is a third-degree offense, there are other related crimes that prosecutors could charge in connection with the underlying criminal allegations. Don’t fall for these scare tactics. Our law firm is often able to use pre-trial intervention to keep our clients out of the system.

Even when this isn’t possible, we have the skills and capabilities to take your case all the way to the finish line.

Certified Criminal Trial Attorneys by the New Jersey Supreme Court

Partners Robert A. Bianchi and David J. Bruno are also both certified by the Supreme Court of New Jersey as Criminal Trial Attorneys. In New Jersey, the New Jersey Supreme Court has a certification committee that classifies certain New Jersey Lawyers as Certified Trial Attorneys. The process requires the prospective attorneys to satisfy strict criteria, including extensive jury trials, a primary focus on criminal law, an application submission, a peer review process, a character and background check, and passing a written examination.

Only 250 of over 98,000 lawyers (less than 1%) are designated as certified criminal trial attorneys by the New Jersey Supreme Court. This should be an important factor in finding a New Jersey criminal defense attorney to represent you. Many New Jersey Lawyers describe themselves as trial attorneys but most do not have the New Jersey Court’s distinction as Certified Criminal Trial Attorney. When it comes to auto theft cases, you may not think this distinction is significant — but it could literally mean the difference between a conviction and exoneration.

Many New Jersey auto theft attorneys are happy to accept a quick plea deal and move on to the next case. At The Bianchi Law Group, we understand that plea negotiations are an important part of the system — but they’re far too often overused and abused by prosecutors and defense lawyers trying to speed things along. As Certified Criminal Trial Attorneys, we’ve proven that we’re not afraid to take cases to trial when it’s in the best interests of our clients. If you want a New Jersey auto theft lawyer whose primary goal is securing the best possible outcome for you, contact us today.

Penalties for Unlawful Taking or Disposition in New Jersey

The Penalties for Theft Crimes in New Jersey depend on the circumstances. Under 2C:20-3, theft by unlawful taking or disposition, the degree of the crime and the penalty depend on the value of the property or the type of property taken. N.J.S.A. 2C:20-2(b) provides the grading of theft offenses. For example, theft in New Jersey is a crime of the third degree if, among other things as set forth in N.J.S.A. 2C:20-2(b): the amount involved exceeds $500 but is less than $75,000; the property stolen is a firearm, motor vehicle, vessel, boat, horse, domestic companion animal or airplane; the property stolen is a controlled dangerous substance or controlled substance analog; stolen from the person of the victim; and the property stolen is a person’s benefits under federal or State law.

Crimes in the third-degree range can be punishable by 3 to 5 years in New Jersey State Prison. The Sentencing Judge may also order fines and restitution as prescribed by N.J.S.A. 2C:43-3 for all convictions for Theft of a Motor Vehicle in New Jersey. These are the most basic penalties for auto theft charges in our state. Clearly, incarceration is a severe outcome that you want to avoid at all costs — and a New Jersey auto theft attorney may be able to help you do so.

However, it’s important to remember that not all severe penalties involve sitting in a cell serving a prison sentence. Even seemingly minor sentences can have real and lasting impacts.

Additional Penalties for Theft of a Motor Vehicle in New Jersey, Including Driver’s License Suspensions- 2C:20-2.1

While it may be charged under traditional theft statutes in New Jersey rather than a “grand theft auto” designation, car theft charges are still very serious in our state. Unfortunately, penalties for this offense also go beyond those reserved for other cases of theft. In addition to any other disposition authorized by law, a person convicted under the provisions of this chapter of theft or unlawful taking of a motor vehicle shall be subject to the following:

• For the first offense, to a penalty of $500.00 and to the suspension or postponement of the person’s license to operate a motor vehicle over the highways of this State for a period of one year.
• For a second offense, to a penalty of $750.00 and to the suspension or postponement of the person’s license to operate a motor vehicle over the highways of this State for a period of two years.
• For a third or subsequent offense, to a penalty of $1,000.00, and to the suspension or postponement of the person’s license to operate a motor vehicle over the highways of this State for 10 years.

Clearly, a conviction for an auto theft crime can touch every part of a person’s life. Even if someone is able to avoid jail time for a stolen car under standard theft penalties, the loss of their license can have lasting effects. Even beyond the difficulties imposed by high fines, imagine what the loss of your driver’s license for years could do to you. It’s not uncommon for people to lose their jobs when they can’t commute, lose their social life when they can’t go meet friends, and have to drop out of school when they can’t attend classes.

Sadly, a single mistake or wrongful conviction could forever disrupt someone’s life. At The Bianchi Law Group, our New Jersey automobile theft lawyers will fight to help you avoid such an outcome. Contact us today for a free consultation.

2C:20-18-Leader of Auto Theft Trafficking Network

A person is a leader of an auto theft trafficking network if he conspires with others as an organizer, supervisor, financier, or manager to engage for profit in a scheme or course of conduct to unlawfully take, dispose of, distribute, bring into or transport in this State automobiles as stolen property. Leader of an auto theft trafficking network is a crime of the second degree. Notwithstanding the provisions of subsection a. of N.J.S. 2C:43-3, the court may impose a fine not to exceed $250,000.00 or five times the retail value of the automobiles seized at the time of the arrest, whichever is greater. N.J.S.A. 2C:20-18.

2C:20-2(c)- Statutory Defenses to Theft in New Jersey

It is an affirmative defense to prosecution for theft that the actor:

• Was unaware that the property or service was that of another;
• Acted under an honest claim of right to the property or service involved or that he had a right to acquire or dispose of it as he did; or
• Took property exposed for sale, intending to purchase and pay for it promptly, or reasonably believing that the owner, if present, would have consented.

Are There Other Related Offenses?

The broad range of crimes that can be charged in relation to auto theft makes it clear how seriously our state takes this criminal offense. Unfortunately, this goes even beyond theft statutes. Our New Jersey auto theft lawyers have seen prosecutors utilize seemingly unrelated statutes to make things worse for defendants. The following are just a few of the statutes most commonly used for this purpose when there are underlying automobile theft charges.

2C:20-2(d)-Theft From a Spouse

It is no defense that theft or computer criminal activity was from or committed against the actor’s spouse, except that misappropriation of household and personal effects or other property normally accessible to both spouses is theft or computer criminal activity only if it occurs after the parties have ceased living together.

2C:20-1.1-Presumed Unlawful Purpose

In any prosecution for an offense enumerated in Chapter 20 of Title 2C of the New Jersey Statutes involving a defaced access device, any removal, erasure, defacement, alteration, destruction, covering, or other change in such access device from its original configuration performed by any person other than an authorized manufacturer of, or service provider to access devices shall be presumed to be for an unlawful purpose.

Contact Our Trial Ready New Jersey Motor Vehicle Theft Lawyers

Like in all of our cases handled at the Bianchi Law Group, our experienced team of former prosecutors are  there to ensure the Government can prove its case beyond a reasonable doubt. If our attorneys cannot resolve the case with a dismissal or a fair and just plea bargain, our lawyers at The Bianchi Law Group will not hesitate to select a jury and take the case to trial. That is what we do and what distinguishes us from other attorneys.

We are former prosecutors, trial-tested, and certified by the New Jersey Supreme Court as certified criminal trial attorneys. We will not hesitate to go to trial when doing so serves the best interests of our clients. Regardless of the criminal offense you’re charged with, we will fight to ensure you get the most ideal outcome, given the circumstances of your case. At The Bianchi Law Group, we will take care to provide you.

Contact us at (862) 292-4442 to schedule your free initial consultation. Our New Jersey motor vehicle theft lawyers are here to assist.