In New Jersey, people who are accused of theft face serious penalties, including incarceration, large fines, and probation. A theft conviction can linger like a dark cloud over a person, affecting job searches and personal relationships even after a person has “paid their debt.”
The NJ theft lawyers at The Law Office of Jason A. Volet understand the severe consequences of theft convictions and are prepared to fight for your rights and your freedom.
As a former Monmouth County prosecutor, Jason Volet has an insider’s perspective on how theft crimes are prosecuted in Freehold and surrounding communities. Now, as a seasoned criminal defense attorney with more than 2,000 cases under his belt, Jason uses this extensive knowledge to aggressively defend those he represents.
If you or someone you love has been charged with theft, you need to speak with our dedicated New Jersey theft lawyer immediately to start building your defense.
Every day you wait is another day the prosecution has to get ahead of you. Schedule a free case consultation today to learn how our skilled criminal defense attorney in New Jersey can help you and your family during this difficult time.
Why Hire The Law Office of Jason Volet for Your Theft Case?
Our founding attorney, Jason A. Volet, has spent nearly 30 years handling criminal matters across New Jersey. You can see that experience in how he approaches each case.
Jason has worked on more than 4,000 matters as a prosecutor or criminal defense attorney, giving him valuable insight into how to review criminal charges and the evidence that allegedly supports them.
For people facing theft charges in New Jersey, Jason’s background matters. With his courtroom experience and prosecutorial background, he knows how to spot issues in cases, identify weaknesses in the prosecution’s evidence, and develop an effective defense strategy.
Jason has been featured by media outlets such as CBS News, KSL.com, and the ABA Journal, and he has received professional recognition from organizations such as:
- Super Lawyers
- Martindale-Hubbell
- Certification by the New Jersey Supreme Court as a Criminal Trial Attorney
Our former clients often talk about how direct and responsive our law firm is when they need answers.
“Mr. Jason A. Volet is an exceptionally professional, caring, and highly focused attorney,” shares one former client, David. “His dedication to my legal situation and the positive outcomes achieved truly demonstrated his remarkable capabilities… He is, without a doubt, the finest attorney I have encountered.”
Our Results in New Jersey Theft Cases
Over nearly three decades as a New Jersey criminal defense lawyer, Jason A. Volet has helped numerous clients facing serious theft charges. Our results include:
Our client faced charges for theft by deception and money laundering, which are second-degree indictable crimes. The prosecution’s initial plea offer would have involved prison time. Based on the evidence we collected in our investigation, the prosecution allowed the client to be admitted into a Pre-Trial Intervention (PTI) program. State v. T.O. (2022)
Our client was charged with theft by deception, a third-degree indictable offense, based on allegations that he and others deceived a bank to pay a car loan. Our investigation established that he had no involvement in the matter, leading to a dismissal of the charge. State v. V.F. (2020)
Our client was charged with receiving stolen property, a third-degree indictable offense, after police found him in possession of a stolen vehicle with an altered VIN. After we negotiated with the prosecutor, the client was accepted into the PTI program for a one-year period, and the charges were later dismissed. State v. A.S. (2024)
We offer these results to illustrate the depth of our experience in New Jersey theft cases and not as a guarantee that we can secure similar outcomes in future cases. Every case is different, and the result in any matter depends on the unique facts, applicable law, evidence, and other circumstances.
What Are the Degrees of Theft Charges in New Jersey?
In New Jersey, the gradation of theft offenses depends on the amount of money or the value of the property that is involved. When considering how to charge you, the prosecution will take into account the following allegations.
A person may face second-degree theft charges in New Jersey if any of the following are alleged:
- The amount involved is $75,000 or more.
- The property was taken by extortion.
- The stolen property is a controlled substance in excess of 1 kilogram.
- The stolen property is a person’s federal or state health care benefits, and the amount is $75,000 or more.
- The stolen property is human remains.
A person may face third-degree theft charges if any of the following are alleged:
- The amount involved is less than $75,000 but more than $500.
- The stolen property is a firearm, motor vehicle, vessel, boat, airplane, horse, or domestic companion animal.
- The property stolen is a controlled substance, and the value is less than $75,000 (or undetermined) and the quantity is 1 kilogram or less.
- The property is directly taken from a victim.
- The theft is a breach of an obligation by a person who is acting as a fiduciary.
- The property is taken by threat that does not qualify as extortion.
- The property taken is a public record, writing, or instrument.
- The property stolen is a person’s federal or state health care benefits, and the amount involved is less than $75,000.
- The stolen property is related to research (such as samples, specimens, animals being used for research, records, data or test results, prototypes, equipment, or proprietary research information).
- The stolen property is a New Jersey Prescription Blank.
- The stolen property is an access device or a defaced access device.
A person may face fourth-degree theft charges if the amount involved is not more than $500 but not less than $200.
A person may face a disorderly persons offense if the amount involved is less than $200. (This is sometimes known as petty theft.)
What Are Potential Penalties of Theft Charges in New Jersey?
The penalties a person may face for theft will depend on the charge he or she is facing. That is why our skilled New Jersey theft defense attorney will aggressively negotiate to get a charge downgraded (or dropped) as soon as possible. New Jersey law indicates that penalties for theft include:
| Offense | Maximum Penalty |
| Second-degree theft | Up to 10 years in prison and a fine not exceeding $150,000 |
| Third-degree theft | Up to 5 years in prison and a fine not exceeding $15,000 |
| Fourth-degree theft | Up to 18 months of incarceration and a fine not exceeding $10,000. |
| Disorderly persons offense | Up to 6 months of incarceration and a fine not exceeding $1,000 |
What Are Common Categories of New Jersey Theft Offenses?
Theft crimes can fall into several categories under New Jersey law. Some of the common categories of theft include:
Theft by unlawful taking or disposition (N.J.S.A. 2C:20-3) applies to physically taking “movable property” or transferring interest in “immovable property.”
- Movable property could be items such as cash, cellphones, and electronic equipment.
- Immovable property is all other property that cannot be moved.
Theft by deception (N.J.S.A. 2C:20-4N.J.S.A. 2C:20-4) occurs when a person purposely obtains someone else’s property through deception. A person may commit theft by deception by:
- Creating or reinforcing a false impression regarding the law, the value of the property, intention or other state of mind
- Preventing someone from getting information that would affect the decision about a transaction
- Failing to correct a false impression
Theft by extortion (N.J.S.A. 2C:20-5) occurs when a person purposely obtains property through extortion. A person may commit theft by extortion by threatening to:
- Inflict physical injury or physically restrain someone
- Accuse someone of a crime
- Expose or publicize a secret, whether it’s true or not
- Take or withhold action as an official (or cause an official to take or withhold action)
- Start or continue a strike, boycott, or other collective action
- Testify, provide information, or withhold testimony or information in someone else’s legal claim or defense
- Inflict materially harm on someone else
Theft of property lost, mislaid, or delivered by mistake (N.J.S.A. 2C:20-6) happens when a person obtains property that he or she knows was lost, mislaid, or delivered by mistake but still decides to keep it.
Theft of services (N.J.S.A. 2C:20-8) involves a person who purposely and knowingly obtains services that are available only for compensation without paying for the services. Common examples of theft of services include stealing:
- Telephone service
- Electric service
- Water service
- Gas service
- Cable TV service
- Hotel stays (by leaving without paying)
No matter what type of theft charge you or a loved one is facing, you need a strong New Jersey theft attorney to fight for your rights. Contact us today to schedule a free consultation with our dedicated New Jersey theft lawyer.
Common Defense Strategies: How We Can Help Defend Against Your Theft Charge in New Jersey
The way a theft charge moves through court in New Jersey depends on the facts and how the law applies to them. A person’s intent, the property’s value, and how law enforcement handled the investigation can be key issues, often providing the best opportunities to attack the prosecution’s case.
As an experienced New Jersey criminal defense attorney, Jason will go through your case with you, so nothing gets overlooked, including police reports, witness statements, physical and digital evidence, and how the evidence compares to the prosecution’s version of events.
Our process for defending against New Jersey theft charges includes:
- Reviewing reports, statements, and all evidence connected to your case
- Examining how law enforcement gathered or documented evidence
- Finding possible defenses based on how theft laws apply to your case
- Making sure you understand your different defenses and options
- Moving for dismissal or negotiating for a reduction in charges
- Preparing for trial and being ready to present an aggressive defense
Some cases come down to misunderstandings about ownership or intent. Others involve store security footage or witness accounts that don’t tell the full story. Jason covers those details to make sure the court has all the facts, not just the ones the prosecution likes best.
If you face a New Jersey theft charge, reach out to the Law Office of Jason A. Volet. We will talk through what happened and explain how we can build an aggressive defense.
Can A Theft Charge Be Dropped?
It is extremely important to speak with a seasoned New Jersey theft attorney as soon as possible if you or a loved one is facing a theft charge. That’s because there are many opportunities for a dedicated criminal defense lawyer to fight for your rights and negotiate to get the charges reduced or dropped if the lawyer is on your case from the start.
Some of the ways our skilled legal team can help include:
Advising you before a theft arrest.
If there is a warrant out for your arrest, our New Jersey theft defense attorney will make sure you understand your rights and are not pressured into doing something that will hurt your case.
Arguing to get charges downgraded or dropped before trial.
Our experienced New Jersey theft attorney will work tirelessly to resolve your case before it goes trial. This may include a push to reduce the charges or the sentence. In New Jersey, about 70 percent of cases are resolved without going to trial.
Requesting pre-trial intervention (PTI).
Depending on the circumstances of your case, we may argue that you should complete a court-supervised program rather than face formal prosecution.
Fighting for your best interests in court.
Our experienced New Jersey theft defense lawyer has an in-depth understanding of how the prosecution thinks and how juries work, and our skilled legal team will use that knowledge to build a strong defense for you.
If you or a loved one is facing criminal charges, you need to hire an experienced New Jersey theft lawyer as soon as possible to get to work on your case. At the Law Office of Jason A. Volet, our dedicated legal team will seize every opportunity to fight for your rights both before and during trial.
Schedule a free, no-obligation consultation with our seasoned criminal defense team today by calling or filling out our online contact form. For related reading, please see our article on what to expect when facing identity theft charges.
