Are you facing criminal charges for cryptocurrency theft in New Jersey? The consequences of a conviction can be severe, including hefty fines, lengthy prison sentences, and a permanent mark on your criminal record. These penalties can impact your future employment, housing opportunities, and more.
Hiring an experienced criminal defense attorney who understands the criminal justice system is crucial to fighting back, asserting your rights, and protecting your freedom. Your criminal trial attorney can evaluate your case, develop a strong defense strategy, and work to minimize or dismiss the charges against you.
What Is Cryptocurrency Theft?
Cryptocurrency theft involves illegally acquiring digital currency from someone else’s possession. Various methods can be used to steal these digital assets, such as hacking into someone’s digital wallet or tricking them into revealing their security details. Crypto theft often crosses international borders and is difficult to trace, so defending against crypto theft charges requires a thorough understanding of the technology involved and the specific legal statutes that apply.
Is Cryptocurrency Theft Different From Cash Theft Under New Jersey Law?
In New Jersey, cryptocurrency and cash theft broadly fall under the same laws. However, the unique digital nature of cryptocurrencies introduces specific challenges that do not pertain to other theft cases. While general theft laws cover both types, crypto theft also falls under New Jersey’s computer-related theft statute due to the digital methods used to gain unauthorized access to crypto wallets. These distinctions highlight the need for a nuanced understanding of how existing laws apply to emerging technologies like cryptocurrency when crafting a defense strategy.
New Jersey laws that could apply to cases involving crypto theft include:
- Theft by Unlawful Taking: New Jersey prohibits the unlawful taking or controlling of someone else’s property without their permission and with the intention of keeping it for oneself. In terms of cryptocurrency, this means it’s illegal to move crypto from one person’s digital wallet to another’s without their explicit authorization.
- Theft by Deception: Theft by deception involves tricking someone in order to steal their property. For example, lying or using trickery to get someone else to provide access to their crypto wallet is theft by deception. Theft by deception charges can arise in response to crypto scams involving fake emails requesting wallet details.
- Theft by Extortion: This type of theft occurs when someone takes another’s property by scaring or threatening them. In crypto-related cases, this could involve threatening to leak someone’s personal info unless they pay the person making the threat in cryptocurrency.
- Computer-Related Theft: New Jersey’s computer-related theft law prohibits the theft of data or funds via unauthorized access to other people’s computer systems. Someone who hacks into another person’s computer or digital wallet to steal cryptocurrency has committed a crime under this law.
- Identity Theft: New Jersey identity theft laws concern a person’s unauthorized use of another person’s data. In terms of cryptocurrency, this might involve using stolen identities to access and transfer cryptocurrency or set up fraudulent crypto exchange accounts.
- Money Laundering: Money laundering involves engaging in financial transactions to conceal the identity, source, or destination of stolen funds. Due to its pseudo-anonymous nature, cryptocurrency is an attractive medium for money laundering. As a result, New Jersey’s money laundering law might come into play if stolen crypto is converted through various transactions to hide its origin.
Penalties for Cryptocurrency Theft in New Jersey
A conviction for cryptocurrency theft charges can result in severe penalties, depending on how much the cryptocurrency was worth and what specific crimes are involved. For smaller amounts, the law might treat the crime as a misdemeanor, which could lead to a fine and up to a few months in jail. However, if the stolen cryptocurrency is worth a lot, the crime could become a felony. This can result in much harsher consequences, including lengthy prison terms and more significant fines. Additionally, the court might order restitution, which involves paying back the value of the stolen cryptocurrency.
Defending Against Cryptocurrency Theft Charges
Knowledgeable NJ internet crimes lawyers can use several strategies to defend against cryptocurrency theft charges. For instance, your lawyer might argue that you had no intention to steal, as intention is a key element of theft. They could also claim that you genuinely believed you had permission to use the cryptocurrency, arguing you did not mean to commit a crime.
Another possible approach involves challenging the evidence, suggesting that it does not prove your involvement beyond a reasonable doubt – the high bar required to secure a criminal conviction. Alternatively, your attorney might argue that someone else used your identity to commit the crime. Each strategy aims to introduce doubt about the accusations or show that your actions were not against the law.
How Can a Defense Lawyer Help?
If you’re facing criminal charges related to cryptocurrency theft in New Jersey, you need an experienced cybercrime defense lawyer on your side immediately. Your internet crime lawyer can help you by:
- Thoroughly reviewing all the evidence against you
- Explaining your legal rights and the details of the charges
- Identifying any possible errors in the way the state collected or preserved evidence
- Preparing robust defense strategies tailored to your specific case
- Arguing for the reduction or dismissal of the charges based on these errors
- Negotiating with prosecutors to reduce or dismiss your charges
- Representing you during all court appearances
- Questioning witnesses to expose inconsistencies or doubts
- Challenging the legality of any digital evidence from the prosecution
- Advocating for alternative penalties instead of prison, if applicable
- Protecting your privacy and handling sensitive information discreetly
Contact Our New Jersey Criminal Attorney to Learn More
If you’re dealing with accusations or criminal charges related to crypto theft in New Jersey, don’t wait to get the legal support you deserve. Contact Keith Oliver Criminal Law today for a free initial consultation with a crypto theft defense lawyer. Our team is ready to review your case, discuss your options, and start working on your defense.
