New Jersey Theft Attorney

Comprehensive Legal Defense for Theft Charges in New Jersey

The law distinguishes between many different kinds of theft: those relating to computer criminal activities, motor vehicle theft, theft from a grave site, theft of services, and racketeering, to name a few. The common connection linking all of the different theft crimes together is that theft involves an unlawful taking of another’s property with the intent to permanently deprive that person of the property.

How serious a theft charge is depends on the amount taken or, in some instances, on what is taken. Contact a theft attorney in New Jersey immediately if you've been charged with one of the following crimes.

A skilled New Jersey theft attorney is available to protect your rights. Call now or reach out online to schedule your free legal consultation and start building your defense.

Understanding Theft Offenses Under New Jersey Law

Theft-related offenses in New Jersey are governed primarily by N.J.S.A. 2C:20-3 to 2C:20-11. These statutes cover a broad range of conduct, from straightforward theft of movable property to more complex financial crimes.

Key theft crimes include:

• Theft of movable property – Unlawful taking or exercising control over someone else’s tangible belongings.
• Theft by deception – Obtaining property through misrepresentation or fraud.
• Theft of services – Failure to pay for services with intent to avoid payment.
• Theft by extortion – Threatening another person to obtain their property.

The grading of these offenses depends on the value of the property or service involved:

• Second-degree theft – Property valued at $75,000 or more (5–10 years in prison).
• Third-degree theft – Property valued between $500 and $75,000 (3–5 years).
• Fourth-degree theft – Property valued between $200 and $500 (up to 18 months).
• Disorderly persons offense – Property valued under $200 (up to 6 months in county jail).

A New Jersey theft attorney can analyze the facts of your case and determine whether the valuation is accurate or whether it can be contested to reduce the level of the offense.

Robbery: Theft with Force or Threat

Robbery is a more serious theft-related charge under N.J.S.A. 2C:15-1. Unlike simple theft, robbery involves an element of violence or threat of violence during the commission of the theft.

Degrees of Robbery:

• First-degree robbery – Occurs when the defendant is armed, inflicts serious injury, or attempts to kill someone during the theft (10–20 years in state prison).
• Second-degree robbery – All other robberies (5–10 years).

Sentences for robbery are governed by the No Early Release Act (NERA), requiring offenders to serve at least 85% of their sentence before parole eligibility. A skilled New Jersey theft lawyer can work to challenge the presence of force, the use of a weapon, or intent, which could significantly lower the charges or lead to an acquittal.

Burglary: Unlawful Entry with Criminal Intent

Burglary is addressed under N.J.S.A. 2C:18-2 and is often confused with robbery. However, burglary involves entering a structure or space unlawfully with the purpose of committing a crime inside—often theft, but not always.

Degrees of Burglary:

• Third-degree burglary – Basic unlawful entry with intent to commit a crime (3–5 years).
• Second-degree burglary – If the defendant is armed or inflicts/threatens bodily injury (5–10 years under NERA).

A New Jersey theft attorney can raise defenses such as lack of intent, mistaken identity, or a legal right to be on the premises, depending on the facts.

Motor Vehicle Theft in NJ

Theft of a motor vehicle prescribes mandatory fines and penalties for stealing a car beyond those normally allowable in the law. For a first offense, in addition to any other punishment, a person convicted of stealing a car shall be fined $500 and lose their driver’s license for 1 year. A second offense raises the fine to $750 and a 2-year suspension. A third offense imposes a $1,000 fine and loss of the right to drive for 10 years.

In addition to the fines and license suspension, those convicted may face incarceration, particularly for repeat offenses. An experienced theft crime attorney in New Jersey can review your case details, negotiate with prosecution, and work towards minimizing penalties or even achieving a dismissal.

Receiving Stolen Property

A person is guilty of theft if they knowingly receive property that they know (or should know) is stolen. This charge often hinges on the knowledge and intent of the accused. Demonstrating a lack of knowledge that the property was stolen or having a plausible explanation for the possession of such property can be critical in defense. 

Moreover, effective defense strategies may include scrutinizing the legality of how the property was discovered or if law enforcement violated any procedural protocols during the investigation. Being aware of your rights in these situations and seeking immediate counsel from a skilled theft crime lawyer in New Jersey is pivotal.

Theft of Services

A person is guilty of theft if they purposely obtain services that they know are available only for money, by deception or threat, fake coin, or through a fraudulent statement to avoid payment.

Common examples of such services include:

• Transportation – Not paying cab fare or bus fare
• Cable or internet
• Hotels and restaurants – Leaving without paying

Legal defenses might include a lack of intent, misunderstanding, or demonstrating financial capability and a history of intending to pay later. A strategic approach with dedicated legal support can help mitigate any potential legal repercussions, especially when a detailed examination of the specific context of the charge is employed.

Shoplifting

Whether it’s for the thrill of it, a compulsion you can’t control, or a real need, shoplifting occurs when a person takes, conceals, or alters merchandise or price tags in an attempt to purchase the item for less than the full retail value. In addition to any other sentence a court can impose based upon the value of the property taken, a conviction for shoplifting comes with a mandatory community services requirement of 10 days for a first offense, 15 days for a second offense, and for a third or subsequent offense, the law requires up to 25 days’ community service and a mandatory minimum period of imprisonment of not less than 90 days.

Carjacking Offenses

Carjacking is the unlawful taking of a motor vehicle by force, causing bodily injury, making threats of bodily injury, or driving off with an innocent person still inside the car. No matter the value of the car you steal, carjacking is a first-degree crime carrying a prison sentence of 10 to 30 years with a 5-year mandatory minimum sentence. Expert counsel will be required to avoid a long prison sentence for a carjacking charge.

Unlicensed Entry Charges

This is a fourth-degree crime similar to burglary, but the defendant does not have the intent to commit an offense once inside. Going in or remaining inside a structure is enough to complete the act. Although seemingly less severe than burglary, unlicensed entry can still result in legal repercussions such as fines, probation, or imprisonment. 

Defiant Trespassing in NJ

This is a petty disorderly persons offense that involves a person going onto any property, either clearly labeled NO TRESPASSING or enclosed with a fence.

Defiant trespassing may appear minor, but the implications can include criminal records that impact various aspects of life. When defending against such charges, it’s crucial to focus on apparent signage clarity, intent to trespass, and any potential access rights one might have misunderstood.

Privacy Invasion: Peering into Windows & Legal Defenses

2C:18-3c is a fourth-degree crime when the defendant, knowing they are not allowed to, peers into a window in order to invade another’s privacy under circumstances in which a reasonable person would not expect to be observed.

The existence of privacy invasion charges can have far-reaching effects on one's reputation. Having an adept understanding of what constitutes reasonable expectation of privacy, the legality of the surveillance, and the context of the act are crucial.

Impact of a Criminal Record in New Jersey

The consequences of a theft-related conviction extend far beyond immediate penalties. A criminal record can severely impact employment opportunities, housing applications, and professional licenses. In New Jersey, background checks are common across various sectors, and employers may regard a theft crime as a red flag indicative of potential employee fraud. Additionally, certain theft convictions could result in disqualification from holding certain positions, particularly those involving financial responsibilities or vulnerable populations.

Need legal help? Contact our firm online or call (732) 607-5553 to speak with our New Jersey theft attorney.

Commonly Asked Questions