Penalties for theft in New Jersey depend on the type of theft, the value of the property, whether any other offenses were committed, and the defendant’s record. Sentences range from up to 6 months in jail for theft of property worth under $200 to up to 10 years for property worth $75,000 or more.
If you face any type of theft charge in New Jersey, you should contact The Law Office of Jason A. Volet as soon as possible to discuss the specific facts of your case and how to fight the charges.
Jason Volet is a former Monmouth County Assistant Prosecutor who now works exclusively as a defense lawyer. He has handled more than 2,000 cases over the course of his career as a defense attorney, including numerous theft cases. He is certified by the Supreme Court of New Jersey as a criminal trial attorney, which recognizes his knowledge and experience in the area of criminal law. He can put that experience to work for you to build a defense strategy aimed at protecting your rights and your future. New Jersey theft lawyer.
Contact The Law Office of Jason A. Volet for a free consultation through our office in Freehold or Neptune.
What Is Considered Theft in New Jersey?
New Jersey law defines theft as unlawfully taking or exercising control over someone else’s moveable property with the objective of depriving the rightful owner of the property.
Theft of immovable or intangible property – such as a bank account – is unlawfully transferring any interest in the property of another with the purpose of benefitting someone else who is not legally entitled to benefit from the property.
Various New Jersey statutes establish multiple theft crimes with different punishments:
- Shoplifting
- Receiving stolen property
- Theft by extortion
- Theft by deception
- Theft of lost property, or theft of wrongly delivered property
- Concealment of library material
- Theft of services
- Burglary
- Possession of Burglary Tools
- Auto Theft / Carjacking
- Robbery / Armed Robbery.
Is Theft a Felony or Misdemeanor in New Jersey?
Under New Jersey law, minor crimes are known as disorderly persons offenses or petty disorderly persons offenses. More serious crimes in New Jersey are known as indictable offenses.
A variety of factors influence whether an alleged theft is charged as an indictable offense or a disorderly persons offense. These factors include:
- The specific type of theft crime
- Whether the offense was committed by a first-time offender
- The value of the property taken
- Whether a weapon was used
- Whether the offense occurred in conjunction with another criminal offense.
What Is The Difference Between Theft and Robbery?
Theft is taking unlawful possession or control of someone else’s property. Theft becomes robbery when the act involves forcibly taking property directly from a person. Under New Jersey law, a robbery occurs when, in the course of committing a theft, a person:
- Inflicts bodily injury or uses force upon another, or
- Threatens another person or purposely puts another person in fear of immediate bodily injury, or
- Commits or threatens to commit any crime of the first or second degree.
- First-degree crimes include murder, kidnapping, aggravated sexual assault (rape), and certain other violent crimes.
- Second-degree crimes include certain types of sexual assault, aggravated assault (without injury), and endangering the welfare of a child.
What Exactly Is Grand Theft?
Grand theft is a term applied to the theft of valuable property to distinguish it from “petty theft,” or the theft of less-valuable property. In New Jersey, grand theft would apply to indictable offenses, which could range from carjacking, which is a first-degree crime, to stealing an item worth only slightly more than $200, which is a fourth-degree crime.
Unlawfully taking property valued at less than $200 is petty theft, a disorderly persons offense.
What Is the Difference Between Petty Theft and Grand Theft in New Jersey?
First, let’s clarify the difference between petty theft and grand theft crimes in New Jersey. You may hear these terms a lot. They are not specific crimes but, instead, terms that people use to categorize different types of theft offenses.
When people describe an offense as “petty theft,” they generally refer to a disorderly persons offense, or misdemeanor, which involves the unlawful taking of property with a value of less than $200. The shoplifting of a clothing item from a retail store like Wal-Mart, for instance, would be an example of “petty theft.”
In contrast, people use the term “grand theft” to describe indictable offenses, or felonies, in which the value of the item is much greater. A grand theft crime can range from a carjacking, which is a first-degree crime, to the taking of an item which is only slightly more than $200, which is a fourth-degree crime.
Of course, a theft charge of any kind can carry serious consequences, including:
- Payment of fines, court costs and restitution
- Imprisonment
- Community service
- Mandatory counseling
- Loss of driving privileges.
If you are facing theft charges, you should always discuss your case and your defense strategy with an experienced Monmouth County theft defense lawyer. It is important to take every step you can to avoid a criminal conviction. The Law Office of Jason A. Volet is ready to help you.
Several Factors Determine Potential Theft Penalties in New Jersey
If you are charged with theft in New Jersey, the possible penalties you face will depend on:
- Type of theft crime – When people refer to “theft” in New Jersey, they generally mean the crime of theft by unlawful taking or disposition, which is defined in N.J.S.A. 2C:20-3. However, New Jersey law allows for the prosecution of many other types of theft crimes, including theft by taking and carrying away, theft by deception, theft by extortion or theft of property which has been lost, mislaid or delivered by mistake. Each type of theft offense carries different levels of punishment.
- Value of the property – The value of the item stolen in a theft crime bears significantly on the potential punishment. For instance, under New Jersey law, the theft of property with a value of $75,000 or more is a second-degree crime which could carry a prison sentence of up to 10 years, while the theft of property which is less than $200 is a disorderly persons offense which can lead to no more than six months of imprisonment.
- Prior record – Whether you have prior theft charges can also be a factor in the potential punishment. For example, if you are convicted of a third or subsequent shoplifting offense in New Jersey, you will be required to serve at least 90 of imprisonment – regardless of the value of the item.
- Committed with other offenses – If you use some form of violence while carrying out a theft such as harming another or putting a person in fear of immediate harm, then you could be charged with robbery in New Jersey, which is a second-degree crime and could lead to a sentence of up to 10 years.
To learn more about the specific type of theft crime that you or a loved one may currently face, get in touch with our dedicated legal team at The Law Office of Jason A. Volet today.
What Are the Penalties for Theft in New Jersey?
Depending on the factors, theft crimes can be charged as anything from a disorderly persons offense to a first-degree crime. Charges and possible penalties for theft crimes under New Jersey law include:
- Disorderly persons offense: Up to 6 months in jail and a fine of up to $1,000.
- Fourth-degree offense: Up to 18 months in jail and a fine of up to $10,000.
- Third-degree offense: 3 to 5 years in prison and a fine of up to $15,000.
- Second-degree offense: 5 to 10 years in prison and a fine of up to $150,000. Second-degree theft felonies can be charged in a variety of situations, often reflecting the high value of property stolen or the inclusion of an additional offense of greater severity, such as robbery.
- First-degree offense: 10 to 20 years in prison and a fine of up to $200,000. A first-degree offense charge is typically filed only in theft crimes committed in conjunction with a particularly violent crime, such as carjacking or armed robbery.
Is It Possible To Avoid Jail Time for a Theft Offense?
The punishments for theft crimes vary widely. There may be an opportunity for a criminal defense attorney who knows the law and is known to local prosecutors to negotiate a lesser charge and/or punishment that avoids jail time.
First-Time Offender Theft Charge
A first-time offender charged with a non-violent theft crime may be eligible for a diversionary program, such as:
- Pretrial Intervention: A defendant who successfully completes the intervention program avoids a felony or disorderly persons conviction on their record. Supervision as part of the intervention program lasts one to three years and requires such activities as community service, paying restitution to victims, mental health and/or drug and alcohol evaluations, and compliance with treatment recommendations.
- Conditional Dismissal: The conditional dismissal program is available to first-time offenders charged with disorderly persons offenses who have not participated in a similar diversionary program. Participants must pay all restitution, court costs, and other mandatory assessments that would have been imposed had they been found guilty and sentenced. It is a 12-month program, which the court may extend for good cause.
If your case must go to trial, prosecutors must prove guilt beyond a reasonable doubt to obtain a conviction. Attorney Jason Volet will provide a robust legal defense that challenges the prosecution’s case and seeks the best available resolution to the charges against you.
What is the Statute of Limitations for Theft Charges in New Jersey?
All states have a statute of limitations which applies to different crimes. This is the amount of time which the prosecution has to press charges. If the statute of limitations expires, a person can no longer be charged with a crime. The statute of limitations protects people from being charged with a crime when, due to the passage of time, those charges would be harder to defend.
The statute of limitations in New Jersey for indictable theft offenses is five years from the date of the alleged crime. Petty theft is different, however. Due to the fact that petty theft is a disorderly persons offense, the statute of limitations is only one year.
Contact a Theft Crimes Lawyer in New Jersey Today
If you have been arrested for any type of theft crime in Freehold, Neptune, or elsewhere in New Jersey, you need to engage the services of a skilled criminal defense lawyer as soon as possible. Defense attorney Jason A. Volet can carefully review the case against you, explain your rights and options, and work diligently to obtain the best outcome possible for you. Contact our theft lawyer in New Jersey today.
Don’t delay in seeking legal help if you are facing theft charges in New Jersey. Contact us today for a free and confidential initial consultation.
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About the Author
Jason A. Volet
Certified by the Supreme Court of New Jersey as a criminal trial attorney, Jason A. Volet focuses his practice exclusively on criminal and municipal defense in New Jersey and New York. He earned his B.A. in political science from Rutgers College in 1995 and his J.D. from the Hofstra University School of Law in 1998. Mr. Volet began his career in the Monmouth County Prosecutor’s Office, where he gained extensive experience prosecuting both juvenile and adult offenders. Now, as a criminal defense attorney, he uses that experience to fight for the rights of individuals who have been charged with a crime.
