New Jersey Theft

Criminal Defense Attorney

A conviction for Theft can have serious consequences, including jail or prison time.  It can also impact employment, housing, finances, education, reputation, and relationships.  Because of this, it is crucial to have an experienced, skilled, and aggressive attorney by your side. 

Ms. Denholtz is a fierce criminal defense trial attorney with over a decade of experience.  Ms. Denholtz offers relentless advocacy, strategic defense, and exceptional service to clients accused of Theft Offenses throughout New Jersey.  At Denholtz Criminal Defense, you can trust that your case will receive the meticulous attention and tireless advocacy it deserves.  If you or a loved one are facing Theft charges, Ms. Denholtz is ready to fight for you. Contact Denholtz Criminal Defense today for your FREE consultation: (862) 842-0811 or Tracy@DenholtzCriminalDefense.com.

Theft By Extortion (N.J.S.A. 2C:20-5)

Theft By Extortion:  Under N.J.S.A. 2C:20-5, a person is guilty of theft by extortion if he or she purposely and unlawfully obtains property of another by extortion.  A person extorts if he or she purposely:

• Threatens to inflict bodily injury on or physically confine or restrain anyone or commit any other criminal offense; or

• Threatens to accuse anyone of an offense or cause charges of an offense to be instituted against any person; or

• Threatens to 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; or

• Threatens to take or withhold action as an official, or cause an official to take or withhold action; or

• Threatens to 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; or

• Threatens to testify or provide information or withhold testimony or information with respect to another’s legal claim or defense; or

• Threatens to inflict any other harm which would not substantially benefit the actor but which is calculated to materially harm the other person. 

  
  

Affirmative Defense:  It is an affirmative defense to prosecution based on paragraphs (b), (c), (d), or (f) that the property obtained was honestly claimed as restitution or indemnification for harm done in the circumstances or as lawful compensation for property or services.

2nd Degree Offense:  The penalties for extortion are severe.  Extortion is always a crime of the 2nd degree, which is punishable by up to 10 years in prison and is a No Early Release Act (“NERA”) offense subjecting the person to the requirement that he or she serve 85% of the sentence before being eligible for release on parole.  See N.J.S.A. 2C:20-5, Comment 2; see also N.J.S.A. 2C:43-7.2.

Theft By Extortion vs. Criminal Coercion:  Theft by extortion is very similar to Criminal Coercion (2C:13-5).  The major difference between the two is the purpose of the threat.  For Theft By Extortion, the purpose is to obtain the property of another, while for Criminal Coercion the purpose is to restrict another’s freedom.  The two offenses are parallel to each other but have detailed differences.  The greatest distinction between Extortion and Criminal Restraint is the grading of the offense—extortion is always a crime of the 2nd degree, whereas Criminal Coercion is a crime either of the 3rd or 4th degree. 

Contact a New Jersey Theft

Lawyer for a Free Consultation

If you or a loved one are facing criminal charges, it is crucial to hire an experienced criminal defense attorney.  At Denholtz Criminal Defense, we understand the stakes involved and are committed to providing you with skilled, aggressive, and personalized legal representation.  No matter what the allegations, Ms. Denholtz will provide an honest and detailed evaluation of your case, outline the best legal options available, and craft a defense strategy designed to achieve the best possible result for your unique situation.  Contact Denholtz Criminal Defense today for your free consultation: (862) 842-0811 or Tracy@DenholtzCriminalDefense.com.