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Bellizia Law Office
395 Franklin Street
Bloomfield, NJ 07003
Tel: 973-743-2220
Fax: 973-743-2290
info@prosperlawoffice.com

DEDICATED TO PROTECT, SUPPORT, & PRESERVE THE LAW

Property Crimes

Robbery-the taking There are three elements to the crime of robbery: theft by taking, either attempted or actual and the use of force. For there to be a robbery charge all elements must be present. Why robbery is so different than other property offenses because of the violent nature of the crime. Such violent nature is brought about by the use of force through threats or use of violence. The non-violent but present element of robbery is the taking. The taking can be thought of as simple larceny: the removal of one’s property without privilege or right. The office of the prosecutor examines whether the item in question has value, and whether or not the offender meets the requirements for asportation of the stolen property. With these elements present the prosecution can easily meet the demands for a larceny theft case, but when you combine these with the use of force by the offender the crime becomes robbery.

 

Theft of Services is obtaining services by deception or intimidation for yourself or another person. Services can be stolen if they are only obtainable by paying for them and if they are obtained by tampering or altering with the device used to transport those services. Services can also be stolen when you are at a hotel or restaurant and you refuse to pay for services that are typically paid for at the time of services. Cable and other such services can also be stolen when cables, wires, and other components are tampered with to receeve cable and other services freely. Services can also be stolen when they are diverted to you so that you can benefit from them.

 

Retail theft is the taking, allowing to take, or transferring of an object to another location with the intention of depriving the merchant of the possesion, use or benefit of such merchandise without paying the full retail value. Altering, transferring, removing any label, price tag, marking, or anything else that would indicate a price.

 

Receiving stolen goods is generally buying or acquiring the possession of property knowing that it had been obtained through theft, embezzlement, larceny, or extortion by someone else. The crime is separate from the crime of stealing the property. To be convicted, the receiver must know the goods were stolen at the time he receives them and had the intent to aid the thief. Paying for the goods or intending to collect the reward for returning them are not defenses. Receiving stolen property is a crime, which may be charged as a felony or as a disorderly persons offense, depending on the value of the property and the discretion of the district attorney or grand jury. Felonies are those crimes which are punished by being sent to state prison. Disorderly persons offenses are crimes punishable by up to one year in county jail. Sometimes a crime may be punishable as either a felony or a disorderly persons offense, in which case it is called a "wobbler”.

 

Embezzlement - Most states define theft by unauthorized disposition (embezzlement) as theft/larceny of assets (money or property) by someone in position of responsibility or trust over those assets. Embezzlement occurs when a person who has lawful possession of another's money or property fraudulently converts that money or property. In other words, the perpetrator, often an employee, trustee, or agent, acquires possession of the property lawfully and then converts the property to his or her own use. Embezzlement usually occurs in the corporate and employment settings.  An example of embezzlement would be while working as a bank manager, you alter the customers deposit receipts and account information, then siphoning bank money into your own pocket,

 

Bribery - a benefit given, promised, or offered in order to influence the judgment or conduct of a person in a position of trust. Bribery: a crime in which money, a favor or something of any value offered or taken away from an individual in a way to sway its opinions or views. In other words bribery is money or any other benefit for specific favors.

 

Fraud - Theft by deception, generally known as fraud is the intentional act of deceiving another for one’s personal gain. Fraud goes far and beyond stealing directly but its an artistry that uses dishonest means to obtain another’s money, property, benefits, legal rights etc. Fraud occurs in different forms and places and is currently on the rise due to increased accessibility to technology. Not only is fraud a criminal act punishable by law but it is also a civil law violation formally known as a tort.

 

It takes an attorney with the confidence and experience of a former prosecutor to properly deal with authorities when it comes to defending you against property crimes. If you have been accused or charged with such a crime, please do not hesitate to contact Mr. Bellizia immediately. Criminal matters are not problems that will go away when ignored. Early intervention in criminal matters, may achieve outstanding results, and will be instrumental to the outcome of your case. 

 

When you call us, you will get an immediate response.  Mr. Bellizia and his staff are available 24 hours a day, seven days a week, holidays and weekends included.  Please do not hesitate to contact us now to arrange a free consultation.