Theft by Unlawful Taking in New Jersey

Many different acts can lead to a theft charge in New Jersey. The most commonly charged form of this crime is called “theft by unlawful taking.” The offense occurs when a person purposefully takes someone else’s property, without permission, and with the intent to keep it.

A conviction for this crime could lead to misdemeanor- or felony-level consequences that affect your freedom, finances, and future. So, if you face a charge of theft by unlawful taking in New Jersey, you should act fast to protect your rights.

Our founding attorney, Jason A. Volet, has experience prosecuting and defending people charged with theft by unlawful taking in New Jersey, and he has handled more than 4,000 criminal cases throughout his career. He can work with you to develop an effective defense strategy and pursue the best outcome.

It starts by contacting us today at The Law Office of Jason A. Volet. We’re available 24/7. When you reach us, we can review the specific facts of your case in a free and confidential consultation and discuss how an experienced New Jersey theft by unlawful taking lawyer can help you build a strong defense.

What Is Theft by Unlawful Taking?

Under New Jersey law (N.J.S. § 2C:20-3) theft by unlawful taking happens when someone takes or controls someone else’s property without permission. The person must intend to permanently deprive the owner of the property, not just temporarily borrow it. The theft could involve stealing a wallet, shoplifting items from a store, or walking off with property that belongs to someone else.

This law applies to both movable and immovable property. “Movable property” includes personal items like wallets or cash. “Immovable property” could mean real estate or something attached to land, like a structure. Even if the property was returned later, prosecutors can still pursue theft by unlawful taking charges if they believe you intended to steal and keep the property permanently.

What’s the Difference Between Movable Property and Immovable Property?

When you face a theft charge, it’s helpful to understand which types of property are involved.

Movable property is any property that can be physically picked up, carried, or transported. Some common examples include:

• Cash
• Electronics like phones or laptops
• Vehicles
• Jewelry
• Clothing or other personal items.

Immovable property, on the other hand, means property that is fixed in one place and cannot easily be moved. Examples include:

• Land or real estate
• Buildings and structures
• Fixtures attached to a property, like doors or appliances.

When a charge involves immovable property, theft might involve unlawfully transferring ownership or possession. For example, filing a false deed or moving someone out of a home they lawfully own is theft by unlawful taking.

The consequences can be significant, whether you’re accused of stealing a wallet or taking control of someone’s house. Understanding this difference can help you and your attorney craft a tailored defense strategy.

Is Theft by Unlawful Taking a Felony or a Misdemeanor?

New Jersey prosecutors can charge theft by unlawful taking as a felony or a misdemeanor, depending on the property’s value and classification. Felonies (indictable offenses in New Jersey) carry much more serious penalties than misdemeanors (disorderly persons offenses). However, misdemeanors can still result in a permanent criminal record, fines, and jail time, so taking the charges seriously is essential.

If the value of the stolen property is $200 or less, it’s a disorderly persons offense. This offense is punishable by up to six months in jail and up to $1,000 in fines.

If the value of the property is over $200, theft by unlawful taking ranges from a fourth-degree to a second-degree felony. Felony theft convictions can be punished by up to 20 years in state prison and up to $200,000 in fines, depending on the stolen property and surrounding circumstances.

Whether you face a misdemeanor or felony charge, talk to a knowledgeable criminal defense lawyer as soon as possible. Convictions can affect your job, education, housing, and immigration status, among other serious consequences.

What Are the Different Grades of Theft by Unlawful Taking in New Jersey?

The punishment for theft by unlawful taking in New Jersey depends on the grade of the offense. The following are the possible criminal penalties you could face if you are convicted:

• Disorderly persons offense (less than $200) – Punishable by up to six months in jail and a fine of up to $1,000.
• Fourth-degree felony ($200 to $500) – Punishable by up to 18 months in prison and a fine of up to $10,000.
• Third-degree felony ($500 to $75,000) – Punishable by three to five years in prison and a fine of up to $10,000. This can also apply if the property stolen is a firearm, less than one kilogram of a controlled substance, a New Jersey prescription blank, or the theft is a breach of obligation by a fiduciary.
• Second-degree felony (more than $75,000) – Punishable by five to 10 years in prison and a fine of up to $15,000.
• First-degree felony (committed alongside a violent crime like robbery, carjacking, aggravated assault, or rape) – Punishable by 10 to 20 years in prison and a fine of up to $200,000.

What Elements Prove a Theft by Unlawful Taking Charge?

To convict someone of theft by unlawful taking in New Jersey, the prosecution must establish that you:

• Took or exercised control over someone else’s property
• Without the owner’s permission, and
• Intended to deprive the owner of the property permanently.

If you merely possess the property, it is not necessarily a crime. The State of New Jersey must prove beyond a reasonable doubt that you knowingly possess the property and intend to deprive the owner of it.

What Are Possible Defenses to a Theft by Unlawful Taking Charge?

Defending against a theft charge requires careful investigation and a clear strategy. Every case is different. Some of the most common defenses in these cases include:

• Lack of intent to permanently deprive the owner of the property
• Mistaken identity or false accusations
• Rightful ownership or permission to take the property
• Insufficient evidence.

The Law Office of Jason A. Volet will review all of the facts surrounding your theft charge, explore weaknesses in the prosecution’s evidence, and look for ways we can build your defense through our investigation. Depending on the facts of a case, the prosecution may agree to a dismissal or reduction of your charges.

How Can a Theft Defense Lawyer Help You?

An experienced theft defense lawyer in New Jersey can make all the difference in your case. At the Law Office of Jason A. Volet, our team can thoroughly investigate what happened in your case and use our in-depth knowledge of the law, criminal procedure, and the local court system to pursue the best outcome for you.

If we can’t get your charges dropped altogether, we’ll negotiate with prosecutors for reduced charges or alternative sentencing whenever possible. If your case goes to trial, our firm will build a tailored defense strategy to protect your rights and future.

Contact a New Jersey Criminal Defense Attorney

You deserve an aggressive and experienced legal advocate. Attorney Jason A. Volet offers over 19 years of experience in criminal law, and he is certified by the Supreme Court of New Jersey as a Criminal Trial Lawyer. He can work with you to build an effective strategy and defend against theft by unlawful taking charge.

Get started today. Contact us for a free and confidential review of your case.