[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/njcriminallawdefense.com\/blog\/deep-dive-into-the-specifics-of-theft-in-nj\/#BlogPosting","mainEntityOfPage":"https:\/\/njcriminallawdefense.com\/blog\/deep-dive-into-the-specifics-of-theft-in-nj\/","headline":"Deep Dive into the Specifics of Theft in NJ","name":"Deep Dive into the Specifics of Theft in NJ","description":"Key Information for Defendants in New Jersey Theft Cases Although theft appears to be a simple concept\u2014unlawful taking or controlling of another\u2019s property\u2014it can refer to many types of behaviors and crimes, and the way New Jersey charges and penalizes theft can be tricky. The criminal context determines the type and punishment of many types […]","datePublished":"2024-11-03","dateModified":"2025-12-10","author":{"@type":"Person","@id":"https:\/\/njcriminallawdefense.com\/blog\/author\/njcriminallawdefense\/#Person","name":"William Fay, Esq.","url":"https:\/\/njcriminallawdefense.com\/blog\/author\/njcriminallawdefense\/","identifier":8,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/8e9869b68803369cd82f0d8d684c730be056db7c94e3ce06af05f80bee316c35?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/8e9869b68803369cd82f0d8d684c730be056db7c94e3ce06af05f80bee316c35?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"The Law Offices of William C. Fay IV","logo":{"@type":"ImageObject","@id":"https:\/\/njcriminallawdefense.com\/wp-content\/uploads\/2025\/11\/Logo-footer-vector.svg","url":"https:\/\/njcriminallawdefense.com\/wp-content\/uploads\/2025\/11\/Logo-footer-vector.svg","width":0,"height":0}},"image":{"@type":"ImageObject","@id":"https:\/\/njcriminallawdefense.com\/wp-content\/uploads\/2025\/11\/deep-dive-into-the-specifics-of-theft-in-nj-blog-img.jpg","url":"https:\/\/njcriminallawdefense.com\/wp-content\/uploads\/2025\/11\/deep-dive-into-the-specifics-of-theft-in-nj-blog-img.jpg","height":426,"width":1000},"url":"https:\/\/njcriminallawdefense.com\/blog\/deep-dive-into-the-specifics-of-theft-in-nj\/","about":["Theft & Fraud Charges"],"wordCount":1301,"articleBody":"Key Information for Defendants in New Jersey Theft CasesAlthough theft appears to be a simple concept\u2014unlawful taking or controlling of another\u2019s property\u2014it can refer to many types of behaviors and crimes, and the way New Jersey charges and penalizes theft can be tricky. The criminal context determines the type and punishment of many types of theft, like shoplifting, carjacking, or robbery. Several New Jersey laws cover the range of theft offenses and knowing which one applies to your case is essential. Many definitions of theft include degrees of severity, exceptions, defenses, and conditions that defendants should understand. The complexities of theft laws in New Jersey can confuse any defendant in a theft case. This analysis will explore the unique aspects of theft crimes in New Jersey and associated implications.While it will provide you with a deep dive into New Jersey theft laws, it is not tailored to your circumstances. Each case is unique to the individual and circumstances involving the theft crime. Thus, you should seek a criminal defense attorney\u2019s perspective on where your particular case stands. At Proetta, Oliver, & Fay, our lawyers can evaluate the strength or weakness of your case from a prosecution and defense perspective and advise you on the best course of action.\u00a0Contact\u00a0us anytime for a free consultation.The Many Variations of TheftIn New Jersey, theft occurs when an individual intentionally takes or exercises control over another\u2019s property without the property owner\u2019s consent. To convict someone of theft, the prosecution must prove that the defendant intended to permanently take or exercise control over someone\u2019s property. The taking could take many forms, such as stealing merchandise by shoplifting, deceiving someone to acquire money or other property,\u00a0stealing someone\u2019s car, or extorting money, property, or services.Spectrum of Severity for Theft CrimesWhen someone steals valuable property, they risk prosecution for committing an indictable crime. In New Jersey, an indictable crime is the equivalent of a felony in other states. So, when an individual steals anything valued over $200.00, it is considered a felony theft. Felony thefts range from fourth to first degree indictable crimes.On the other hand, petty theft is a disorderly persons offense, which is like a misdemeanor. Stealing merchandise valued under $200.00 is a petty theft. However, some theft crimes may be charged as either a disorderly persons offense or an indictable crime. The charges depend on the type of theft and value of the stolen items.Grand theft refers to more serious theft crimes of greater value and consequences. For example, stealing a vehicle worth over $75,000.00. Violent theft crimes include carjacking and robbery or any theft accomplished with a gun or other weapon.Influential Factors in Determining Theft PenaltiesThe Type of Theft CrimeNew Jersey penalizes theft based on the type of crime, the value of the stolen property, and the defendant\u2019s criminal history. While many theft crimes are classified as fourth, third, second, or third degree crimes depending on the value of the stolen items, like\u00a0shoplifting\u00a0and\u00a0theft by deception, the type of theft also determines the crime grade level. For example,\u00a0extortion\u00a0is always considered a second degree crime. First degree theft charges are reserved for the most severe forms of theft, like\u00a0carjacking\u00a0or armed robbery.The Value of the PropertySome penalties for theft consider the type of theft crime and the value of the stolen property in conjunction. For these situations,\u00a0theft of property\u00a0valued between $200.00 and $499.00 is a fourth degree crime. If the stolen property is worth between $500,00 and $75,000.00, it is a third degree crime. Second degree theft is the charge for stolen valuables worth over $75,000.00.The Defendants\u2019 Prior RecordHowever, regardless of the property\u2019s value or type of theft, a defendant\u2019s prior history of theft is a factor in sentencing. A defendant with two or three theft convictions may have a minimum prison sentence to serve regardless of the severity of the theft.Any Companion ChargesAdditionally, a theft crime case may include other legal violations. For example, stealing property from someone\u2019s home may lead to a theft charge, but if you broke into the house, a\u00a0burglary charge\u00a0may accompany theft charges. Moreover,\u00a0robbery\u00a0is a second or first degree crime consisting of theft and a violent crime. The theft alone may not rise to the level of a second-degree crime if the stolen property value is under $200.00, but the weapon increases the crime degree.Looking at Theft by DegreesTheft charges can be a disorderly persons offense or an indictable crime of the fourth, third, second, or first degree. A disorderly persons offense is punishable by up to six months in jail and a $1,000.00 fine. However, a fourth-degree crime is punishable by a potential 18-month sentence and a $10,000.00 fine, and a third-degree criminal conviction can result in three to five years in prison and a $15,000.00 fine. The punishment for a second-degree theft conviction is five to ten years in prison and a $150,000.00 fine. For a first-degree theft, someone could face 10 to 20 years in prison and a $200,000.00 fine for a conviction.First-Time Offender Programs for Theft ChargesFirst-time offenders may avoid jail or prison by entering a diversionary program that New Jersey offers for rehabilitation purposes. In municipal court,\u00a0conditional dismissal\u00a0is a diversionary program for misdemeanor theft offenses. It allows a defendant charged with petty theft to complete a probationary program, at the end of which they receive a dismissal of the charges.In superior court, a defendant facing an indictable criminal theft charge may be entered into the\u00a0Pre-Trial Intervention program, which is reserved for first-time offenders. The defendant must comply with the mandatory terms during their time in this probationary program. At its completion, the defendant has no conviction on their record.Other Options to Get a Theft Case Dismissed or ReducedThe state must prove the elements of a theft crime to convict a defendant. One of the primary elements is intent. If a defendant did not intend to steal but mistakenly thought the property allegedly stolen was a gift or free to take, they did not have the requisite intent for the crime. Other defenses include mistakes in identifying an accused, a faulty line-up, or an error by an eyewitness. Insufficient evidence or entrapment may also be defenses, especially if police mistakes or abuses led to an unlawful search or seizure of evidence necessary to prove the crime, such as stolen items. The state may not use evidence illegally obtained by law enforcement in most cases, as a judge can prohibit the evidence from being considered by the jury.You need a customized case evaluation to determine valid defenses to your theft charges, including if the police violated your constitutional rights. Our defense team will review and explain various approaches and strategies to defending the charges, negotiating a more favorable sentence, our using a court diversion. Most importantly, we can ensure that you get a fair trial and offer you a pathway to regaining your life beyond the criminal justice system.Talk to an Attorney at Proetta, Oliver, & Fay when Your Future is on the Line in a NJ Theft CaseIf you face theft charges in Burlington County or elsewhere in New Jersey, it is paramount to consult a legal professional. A criminal conviction for theft endangers your freedom and your future. Many employers will not hire someone with a criminal record, and you may even lose your job or professional license. Spending time in jail, paying heavy fines, and being forced to deal with the lasting effects of a theft conviction is simply not worth it. Call (732) 339-3897 to speak with an attorney at our Evesham, NJ law office about your case.Related Reading:Expunging a Theft Offense in NJ"},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/njcriminallawdefense.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Deep Dive into the Specifics of Theft in NJ","item":"https:\/\/njcriminallawdefense.com\/blog\/deep-dive-into-the-specifics-of-theft-in-nj\/#breadcrumbitem"}]}]