Have you ever “dined and dashed” or snuck into a movie theatre without a ticket? While these actions may seem harmless, they could land you in hot water under the law. New Jersey safeguards businesses and individuals from those who utilize their services without proper compensation. Please continue reading as we explore the penalties for the theft of services and how a determined Bergen County Criminal Defense Attorney can help defend your rights.
What Constitutes Theft of Services in New Jersey?
In New Jersey, theft of services is a serious offense that is defined by N.J.S.A. 2C:20-8 as “the act of obtaining services by deception, threat, or false token with the intent to avoid payment for those services.” This includes things like labor, transportation, utilities, and even accommodation in hotels or restaurants. The key element of this crime is that the individual obtaining the service knew that it was only available for compensation and deliberately avoided paying for it. For example, payment is typically made immediately after service at a restaurant; leaving without paying or offering to pay is evidence of deception and intent to avoid payment. Methods of deception can involve the use of fake money or misrepresentation.
What Are the Potential Penalties?
The penalties you can face for theft of services depends on the value of the services obtained and the presence of any aggravating factors. Theft of services can be charged as a disorderly persons offense, a fourth-degree crime, or a third-degree crime. It’s important to note that any person guilty of violating N.J.S.A. 2C:20-8 will be sentenced to make restitution to the vendor and to pay a minimum fine of $500 for each offense. When determining the amount of restitution to be paid, the court will examine the costs expended by the vendor, including the repair and replacement of damaged equipment, the cost of the services unlawfully obtained, investigation expenses, and even attorney fees.
A disorderly person’s offense is punishable by up to six months in jail, up to $1,000 in fines, probation, and community service. A fourth-degree offense is punishable by up to 18 months in prison, up to $10,000 in fines, probation, and community service. Finally, the most serious level, a third-degree offense, is punishable by three to five months in prison, up to $15,000 in fines, probation, and community service.
If you are facing theft of services charges in New Jersey, it’s in your best interest to contact an experienced Bergen County criminal defense attorney from The Law Office of Carl Spector, who can help protect your rights and future. Connect with our firm today for more information.