Theft

Monmouth County Theft Defense Lawyer

Also Fighting for Clients in Middlesex County and Statewide

Law Offices of Carlos Diaz-Cobo has been helping theft defendants in Monmouth County, Middlesex County, and throughout New Jersey since 2006. Attorney Diaz-Cobo, one of the few Latino criminal defense lawyers in the area, serves both Spanish-speaking and English-speaking clients. Moreover, he has a track record of doing it very well.

Attorney Diaz-Cobo is among the elite 2% of lawyers who have achieved the status of Certified Criminal Trial Lawyer, as recognized by the New Jersey Supreme Court. He’s won awards from his peers, both statewide and nationally. Defendants who come to our office can count on a well-crafted and vigorously implemented legal defense.

Call (848) 207-2709 or contact us online today to set up a free consultation.

Understanding Theft Charges

Theft involves unlawfully taking or controlling someone else’s property with the intent to permanently deprive them of it. This crime can occur in various forms, such as stealing personal belongings, embezzling funds, or the unauthorized use of property. To secure a conviction, the prosecution must prove both the act of taking and the intent to deprive.

Theft is often confused with related crimes like burglary and robbery, but they are legally distinct. While theft focuses on the unlawful taking of property, burglary involves unlawfully entering a structure with the intent to commit a crime inside. This may include theft, but it doesn’t necessarily have to. For example, breaking into a home with the intent to steal or vandalize qualifies as burglary, even if no property is taken.

Robbery, on the other hand, includes the element of force or intimidation during the act of theft. If an individual steals a wallet but threatens violence to do so, the charges escalate to robbery.

Penalties for Theft Offenses

The penalties for theft offenses in New Jersey depend on several factors, primarily the value of the property stolen:

If the stolen property’s value is less than $200, the offense is typically considered a petty disorderly conduct offense, punishable by up to six months in jail and fines up to $1,000.

For property valued between $200 and $500, the charge becomes a fourth-degree indictable offense, potentially resulting in up to 18 months in prison.
Theft involving property valued above $500 to $75,000 is a third-degree offense, carrying a penalty of up to five years in prison.
When the stolen property exceeds $75,000, the charge escalates to a second-degree offense, with potential prison time of 5 to 10 years.

Defenses Against Theft Charges

Facing theft charges in New Jersey can be daunting, but several legal defenses may be available depending on the circumstances of the case:

Lack of Intent

Theft requires the prosecution to prove that the accused intended to permanently deprive the owner of their property. If the defendant believed they had permission to borrow the item or simply took it without realizing it belonged to someone else, this lack of intent can weaken the case. Additionally, if the property was abandoned or found with no clear owner, the intent to steal might not exist.

Mistaken Ownership

Mistaken ownership is another plausible defense. If the defendant believed they were entitled to the property, such as taking an item they thought they owned or had paid for. For example, disputes among family members or business partners about rightful ownership often lead to misunderstandings rather than criminal behavior.

Constitutional Violations

Violations of constitutional rights, especially involving unlawful searches and seizures, provide a robust defense. The Fourth Amendment protects individuals from unreasonable search procedures by law enforcement. If evidence was gathered through illegal means, such as conducting a search without a warranted exception or probable cause, we can file a motion to suppress that evidence. Without this evidence, the prosecution's case might completely collapse.

Additional defenses may include challenging the reliability of witness testimony, proving alibis, or arguing that no crime occurred. For example, in incidents involving accidental property swaps in public spaces like stores or airports, no theft has actually occurred.

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“His track record speaks for itself.”
Carlos Diaz Cobo is one of the most experienced and talented criminal defense attorneys in the state. Highly recommend for anyone in trouble with the law. His track record speaks for itself.

E.W.
“Do yourself a favor and hire this man!”
“Best lawyer I have ever hired! Others tried to scare me into horrible scenarios. Mr. Diaz-Cobo was so reasonably priced from the start and reassured me that it would all be fine. And it was... he got the case dismissed completely!”

A.D.
“I recommend this office 100%.”
Excellent criminal defense office. The lawyer fights hard for clients. The secretary (Karen) is very efficient, a very good collaborator and super friendly. I recommend this office 100%.

A.L.
“Thank you for driving a great outcome!”
Carlos and his team were both wonderful to work with and extremely good at what they do. Thank you for driving a great outcome!

F.D.
“I would never have been able to achieve where I’m at today without him.”
Carlos has helped improve my life in multiple ways. I would never have been able to achieve where I’m at today without him. I now have a successful life and future.

C.D.
“Recommended 100 percent.”
Excellent criminal lawyer, when everyone did not give me hope about my case and advised me to plead guilty, he with his experience and professionalism took me to trial and we won. Recommended 100 percent.

L.T.
“Superb defense attorney.”
“He has helped me out in ways you can’t even imagine. My freedom and my happiness is all credit to Carlos Diaz Cobo and his office. He gave me a second chance at life.”

J.M.
“Highly recommend.”
“Carlos worked diligently & professionally the entire length of my case. His confidence in the courtroom provided me with a sense of calmness when most needed.”

M.R.

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Top-Tier Defense for Serious Charges Experienced, Relentless, and Committed to Winning Your Case

When facing serious criminal charges, you need a relentless, trial-ready defense. As a Certified Criminal Trial Lawyer and award-winning attorney, Carlos Diaz-Cobo has the experience, reputation, and courtroom skill to fight for the best outcome in your case.

See What Sets Us Apart

Get the Lawyer You Deserve

We’re proud of the reputation Attorney Diaz-Cobo has built up over the years. That includes having major national outlets like ABC, NBC, CNN, Fox, and the Wall Street Journal cover his cases. Even better, it includes good client reviews from ordinary people right here in Monmouth County, Middlesex County, and the surrounding area—people who need help against a system that is more powerful than they are. Law Offices of Carlos Diaz-Cobo exists to help them level the playing field and advocate for their rights.

When you or someone you love is facing theft charges, don’t hesitate to call our office at (848) 207-2709. We are here to help.

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Aggressive and Affordable Representation

We provide top-tier legal representation at a fair price, ensuring strong, strategic defense without unnecessary financial strain.
Certified Criminal Trial Lawyer

Less than 2% of NJ attorneys hold this certification—Mr. Diaz-Cobo’s expertise and dedication set him apart in criminal defense.
Award-Winning Representation
Recognized as the 2024 Criminal Trial Lawyer of the Year, Mr. Diaz-Cobo has also been named a Top 10 Criminal Defense Lawyer nationwide and a Top 100 Criminal Defense Attorney in New Jersey.
Featured in the Media

Mr. Diaz-Cobo’s legal insights and cases have been showcased on ABC, CNN, Fox, NBC, Asbury Park Press, Star Ledger, the New York Times and The Wall Street Journal, earning him a trusted reputation in criminal defense.
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Our firm is dedicated to providing every client with professional, responsive, and courteous treatment.
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