New Jersey law classifies the unlawful taking of property, or theft, as either a disorderly persons offense or an indictable offense. Whether the crime is a disorderly persons offense (a misdemeanor in other jurisdictions) or an indictable offense (a felony in other states) depends in part on the value of the items the suspect allegedly stole.
If you face a charge of theft in New Jersey, don’t hesitate to contact a criminal defense lawyer with experience handling defense strategies for theft crimes. Whether a misdemeanor or felony, a theft charge can result in serious criminal penalties, including fines and imprisonment. However, you may be able to get your charge dismissed, secure an acquittal, or at least get the charge reduced to one that carries lesser penalties. If you are a first-time offender, your attorney may be able to get you into a diversion program that could lead the prosecution to dismiss the theft charge.
What Types of Factors Will Determine How a New Jersey Theft Crime Is Graded?
Typically, New Jersey law (N.J.S. § 2C:20-2b) treats theft of an item worth less than $200 as a disorderly persons offense. However, the prosecution can treat theft as an indictable offense, depending on the situation. New Jersey categorizes theft crimes as disorderly persons offenses or indictable offenses based on the following factors:
- Value of the stolen property
- If the item is a firearm, motor vehicle, boat, companion animal, horse, airplane, or controlled substance
- If there was any breach of a fiduciary duty
- If there was any use of threats or extortion
- If the stolen item came from the victim’s person
- If it was a federal or state benefit.
If a theft charge would typically be a disorderly persons offense in New Jersey due to the low value of the stolen items, the prosecution can still charge you with an indictable offense if you are accused of one of the other elements in this list.
What Effect Does the Value of the Property Stolen Have on the Severity of Theft Charge?
The value of the stolen property is the main factor in determining the severity of a New Jersey theft charge. Under N.J.S. § 2C:20-2b, theft of an item worth:
- Less than $200 is usually a disorderly persons offense.
- At least $200, but less than $500 is a fourth-degree indictable offense.
- At least $500, but less than $75,000 is a third-degree indictable offense.
- $75,000 or more is a second-degree indictable offense.
What Are the Penalties for Theft Crimes in New Jersey?
In New Jersey, the punishment for a disorderly persons offense, such as theft of an item worth less than $200, carries up to six months in jail and a fine as high as $1,000. If you are charged and convicted of theft as an indictable offense, the penalties you could face include the following:
- Fourth-degree — Up to 18 months in prison and a fine of up to $10,000. Theft of an item with a value between $200 and $500 is an example.
- Third-degree — Three to five years in prison and a fine of up to $15,000. Theft of an item worth between $500 and $75,000 is an example.
- Second-degree — Five to 10 years in prison and a fine of up to $150,000. Theft of an item worth $75,000 or more is an example.
Is a Diversional Program an Option Instead of Being Convicted?
In some cases, a diversion program may be an option that will allow you to avoid a criminal conviction. If you are a first-time offender, you can apply for Pretrial Intervention (PTI) through the New Jersey Courts. If you get approved for PTI, you will work with a probation officer to resolve issues that may have led to the charge. The goal is to acquire tools to help you avoid getting in trouble again. If you complete the six-month-to-three-year program successfully, the prosecutor will dismiss your charges.
Typically, to complete the PTI program, you must meet the following conditions:
- Obey all federal, state, and local laws.
- Answer any questions your probation officer asks you.
- Permit inspection of your home on request.
- Notify your probation officer within 24 hours if you are arrested or summoned.
- Report any change of address, including moving to a new address in New Jersey.
- Reside in New Jersey unless you have the court’s permission.
- Get and keep a job.
- Notify your probation officer if you lose a job.
- Complete all counseling or testing requested by your probation officer.
A conditional discharge may also be an option. With a conditional discharge, you must pay fines or fees, meet with a probation officer, and take drug tests.
You cannot participate in a PTI program for a disorderly persons offense. Also, only first-time offenders can be eligible for a PTI program. However, even if you are not a first-time offender, you may still apply for and obtain a conditional dismissal of your charge if you avoid any other arrest for one year.
Contact a New Jersey Criminal Defense Lawyer
If you face a theft crime charge in New Jersey, don’t take it lightly. A felony-level conviction for a theft offense could lead to up to 10 years in prison, and even a misdemeanor-range conviction could result in several months in jail and a fine as high as $1,000. You need a theft defense lawyer who will fight to beat your charges, get them reduced, or move your case into a pretrial diversion program.
Attorney Jason A. Volet has over 19 years of experience handling a wide range of indictable offenses and disorderly persons cases. He is a former Assistant Prosecutor in Monmouth County and is certified by the Supreme Court of New Jersey as a Criminal Trial Attorney. Don’t take any chances with your future and your freedom. If you need a New Jersey criminal defense attorney, contact the Law Office of Jason A. Volet immediately. We can provide a confidential and free consultation about your case.
