Theft Charges

If you are charged with shoplifting or theft you face the possibility of going to jail no matter how little you took, even a dollar store item. Only an experienced criminal lawyer can help you reduce or eliminate this penalty and win your charge. Unlike other firms, our office has handled over 11,000 cases in the Superior and Municipal Courts of the State of New Jersey. For all Shoplifting and Theft Charges in NJ we offer a free in office consultation with an experienced shoplifting / theft lawyer. Call 1-800-974-4487 today and set up your free consultation. Our founder and managing Lawyer: H Scott Aalsberg's has over 30 years of experience and a 98%* success rate of winning, reducing or eliminating the penalties in all theft and shoplifting cases. Put this success rate to work for you. In your free in office consultation, Attorney Aalsberg will discuss how he can help you win or reduce your theft or shoplifting charge. Because even if you did it, that does not mean that your guilty. Guilty is a legal standard not a factual standard. But to win your case we need time. The more time we have to work on your theft charge, the better the chance you have to Win, Reduce or Eliminate the penalties you face.

The 4 Degrees of Theft in NJ:

The Crime of Theft in NJ has 4 degrees. 2nd Degree is the worst with up to 10 years in jail and the disorderly person offense of theft being the best with only up to 180 days in jail. Theft is graded by three means. The first means is the amount stolen and the second is by how the object or money was stolen and the third is by the type of item stolen. Thus even if you stole only $1.00 on a credit card it is automatically a 3rd degree offense.

NJ Theft Penalties By Type and Grade

Disorderly Person Offense Sentence:
Jail: Up to 6 Months:
Fine: Up to $1000.00
Probation: As Determined by the Court
Restitution: As Determined by the Court

The Fine for a disorderly persons offense for theft in NJ is up to $1000.00 or double the monetary loss of the victim whichever is greater. Probation is up to 1 year.

In New Jersey a theft charge is classified as a disorderly persons charge (considered a misdemeanor in most states) under New Jersey law in general if the amount involved for the theft is under $200. However as noted above exceptions do apply (example credit card theft can be in the amount of only $.01 to be a third degree crime) But even if your theft charge is under $200.00 this will be marked on the NCIC database as a criminal offense even though it is not considered a criminal offense in the State of New Jersey. Because of this fact employers are free to consider a person charged with a disorderly person offense for theft a criminal.

Many theft charges in NJ are disorderly persons offenses. However, since disorderly persons theft offenses still involve all of the same criminal penalties for theft as listed below, the same strong defense is needed even for the smallest theft charge. It does not matter if you face 180 days in jail for theft or three years in jail for theft, one day in jail is too much to serve when you could have gotten none. Put Attorney H. Scott Aalsberg, Esq., high success rate to work for you today by calling 1-800-9-RIGHTS to setup your free in office consultation. The Call is Free the results, could be priceless.

4th Degree Offense Sentence:
Jail: Up to 18 Months
Fine: Up to $10,000.00 or Double Monetary Loss
Probation: As Determined by the Court up to 18 months
Restitution: As Determined by the Court

The Fine for a 4th Degree Theft Offense in NJ is up to $10,000.00 or double the monetary loss to the victim which ever is greater. Probation is up to 18 months.

Theft is a crime of the fourth degree if the value of the items are worth more than $200, but not more than $500 or if the theft is by means of a credit card in which case the crime could be a third degree crime depending on how charged by the police and prosecutor.

Examples of credit card theft include: having two or more credit cards in your possession that have names other than your own even if the cards are never used. Using a card that has someone else’s name on it , creating a false credit card, to use a credit card even though the account has been closed, or to sign a credit card when the signer is not the named person on the credit card.

In NJ Credit card theft is a specific form of a theft crime that is unrelated to the "value" of the theft.

3rd Degree Offense Sentence:
Jail: 3 to 5 Years in Jail
Fine: Up to $15,000.00 or Double Monetary Loss
Probation: As Determined by the Court up to 5 years
Restitution: As Determined by the Court

The fine for a 3rd degree theft charge in NJ is up to $15,000.00 or double the amount taken/monetary loss whichever is greater. The probation time is determined by the court with a maximum term of 5 years. The convicted defendant will also pay up to $25.00 per month to the probation department for each month he/she serves on probation.

A theft charge is a third degree crime if the value of the items are worth more than $500, but not more than $75,000 or if: The property stolen is a firearm (gun, rifle, pistol), or a motor vehicle, vessel, boat, horse, domestic companion animal or airplane; The property stolen is a controlled dangerous substance or controlled substance analog and the amount involved is less than $75,000.00 or is undetermined and the quantity is one kilogram or less; It is in breach of an obligation by a person in his capacity as a fiduciary; It is by threat not amounting to extortion; It is of a public record, writing or instrument kept, filed or deposited according to law with or in the keeping of any public office or public servant; The property stolen is a person's benefits under federal or State law, or from any other source, which the Department of Human Services or an agency acting on its behalf has budgeted for the person's health care and the amount involved is less than $75,000; The property stolen is any real or personal property related to, necessary for, or derived from research, regardless of value, including, but not limited to, any sample, specimens and components thereof, research subject, including any warm-blooded or cold-blooded animals being used for research or intended for use in research, supplies, records, data or test results, prototypes or equipment, as well as any proprietary information or other type of information related to research; The property stolen is a New Jersey Prescription Blank as referred to in; or The property stolen consists of an access device or a defaced access device. Improper Use of Credit Card also may be charged as a 4th Degree Offense see below.

2nd Degree Offense Sentence:
Jail: 5 to 10 Years
Fine: Up to $150,000.00 or Double Monetary Loss
Probation: As Determined by the Court up to 18 months
Restitution: As Determined by the Court

New Jersey Theft Charge: Second Degree (2nd Degree) Crime Sentence: Up to 10 years in prison. Ordinary Terms: Jail 5 to 10 years, The fine for a 2nd degree theft charge in NJ is up to $150,000.00 or double the amount taken whichever is greater. The probation time is determined by the court with a maximum term of 5 years which if given must be served after any jail time. The convicted defendant will also pay up to $25.00 per month to the probation department for each month he/she serves on probation.

A theft charge is a second degree crime if the value of the items are worth $75,000 or more or if: The property is taken by extortion; The property stolen is a controlled dangerous substance or controlled substance analog and the quantity is in excess of one kilogram; The property stolen is a person's benefits under federal or State law, or from any other source, which the Department of Human Services or an agency acting on its behalf has budgeted for the person's health care and the amount involved is $75,000 or more; or The property stolen is human remains or any part thereof.

Types of Theft in NJ:

Theft By Unlawful
Taking

2C:20-4
Theft by Deception

2C:20-5
Theft by Extortion

2C:20-6
Theft of Property lost,
mislaid, or delivered
by mistake

2C:20-7
Receiving Stolen
Property

2C:20-7.1
Fencing

2C:30-8
Theft of Services

2C:20-9
Theft by failure to
make required
disposition of
property received

2C:20-10
Unlawful taking of
means of
conveyance

2C:20-11
Shoplfiting

2C:20-13
Concealment of
Material from a
Library

2C:20-16
Operation of facility
for sale of stolen
automobile parts

2C:20-17
Use of Juvenile in
theft of automobiles

2C:20-18
Leader of auto theft
trafficking ring

Defenses for Theft Offenses:

The best defense to a theft offense is to get the best defense lawyer you can. Theft offenders are some of the most likely to serve time in jail, serve community service and pay high fines. The best defense to a theft charge is a factual defense or defense based around the states witnesses are weak or that the proof is lacking or was obtained by improper methods. What is generally not a defenses is intoxication, mental illness, drug or alcohol problems.

Types of Theft

NJ Theft charges/offenses are generally classified by the amount taken, except for theft crimes involving a credit or debit card. The most common theft charges in NJ are listed below with the degree of crime depending on the amount alleged to have been unlawfully taken: The charge of Theft (2C:20-1) can be anything from theft of property, retail theft, under ringing, shoplifting (2C:20-11), receiving stolen property (2C:20-7) theft by deception (2C:20-4), theft of services (2C:20-8), fraud, writing bad checks, credit card theft, or any means in which a person tricks, fools, extorts (2C:20-5) a person to part with property under a false pretense, false fact or assumption. Most theft charges will have an initial arraignment in Municipal Court or CJP Court and then heard in either the municipal court if under $200.00 in value or the Superior Court if over $200.00 in value alleged to have been taken. (again credit card or debit card cases are a minimum of 4th degree crimes so they will be heard in the CJP and Superior Court only unless downgraded.

Fact:

72% of all state court offenders were sentenced to jail and only 28% were sentenced to probation without jail.

Source: U.S. Department of
Justice. Don't Become A
Statistic! Put Attorney H. Scott
Aalsberg's 98% Success Rate
to work for you in winning,

NJ Theft FACT #1:

The theft crime not including shoplifting most often charged in NJ is employee theft. Employee theft is also called retail theft. Retail theft includes under ringing the price of an item or not ringing up the price of an item or simply taking an item from the store. Retail theft is most often found by the store rather than by the police and generally starts by the employer questioning the employee. If you believe that you have or may be charged with retail theft call our office immediately as we may be able to reduce or eliminate the penalties you face with immediate representation.

NJ Theft FACT #2:

The 2nd most popular theft crime to be charged in the State of NJ is theft by deception. 2C:20-4 Theft by deception in NJ is the act of purposely obtaining property or services of value from another by deception. Many times theft by deception is charged along with other theft crimes including, theft of services and theft by deception.

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