Blog
Defending Yourself Against Theft Charges in New Jersey
Oh boy, getting charged with theft can be scary. Believe me, I know. But don’t panic! This article will walk you through some key things to know if you’re facing theft charges in New Jersey.
First up: what exactly is “theft” under New Jersey law?
Basically, it’s when you take someone else’s property without permission, with the intention of permanently depriving them of it. Common examples are shoplifting, stealing a car, pickpocketing, etc. The degree of theft charge depends on the value of the stolen property.
Now, I know what you’re thinking – “But I didn’t mean to steal it!” Or maybe, “It was just a misunderstanding!” I hear ya. Sometimes mistakes happen. But under the law, intent doesn’t matter quite as much as you’d think. If you took property that didn’t belong to you, without permission, you could face charges.
That said, there are some defenses that could get the charges reduced or even dismissed. Let’s go through some of the main ones:
- You had permission or the right to take it. If the property owner gave you permission to take the item, or you had some other lawful right to it, that’s a solid defense. Gather any evidence you have – texts, emails, witnesses etc. – to show you had permission.
- You didn’t intend to deprive them of it permanently. If you borrowed something without asking but intended to return it, that may help your case. Like if you “borrowed” your roommate’s clothes but hung them back up later. Not the best move, but it shows you didn’t mean to permanently take them.
- Mistake of fact. If you genuinely believed the property was yours, or that you had the right to take it, that can be a defense. Like if you absentmindedly walked out with a store’s umbrella thinking it was yours. An honest mistake!
- Duress or necessity. If you took the item because you were forced to, or you had no other option, claim that. Like if you stole food because you were starving with no money. Not a free pass, but it can help.
- Mental illness. If a mental health condition kept you from understanding what you did was wrong or controlling your behavior, bring that up. The charges could potentially be reduced.
- False accusations. If you’re 100% innocent, don’t admit to anything! Make the prosecution prove their case. Poke holes in the evidence and witnesses.
Now let’s talk about the specific theft crimes in NJ:
- Shoplifting – Under $500 of merchandise is a disorderly persons offense. Over $500 bumps it up to a crime of the 4th degree. Big retailers like Walmart often have thresholds of $100 or less before pressing charges.
- Theft of moveable property – This covers taking things like cars, bikes, electronics, jewelry, etc. Under $500 is a disorderly persons offense. Over $500 is a crime of the 4th degree. Over $75,000 bumps it up to a 2nd degree crime.
- Theft by deception – This includes writing bad checks, cons, online scams, etc. Under $500 is a disorderly persons offense. Over $500 is a crime of the 3rd degree.
- Theft of services – Using a service without paying, like skipping out on a restaurant bill or taxi fare. Under $500 is a disorderly persons offense.
- Burglary & home invasions – Breaking into a home or business to steal things. Burglary of an unoccupied place is a 3rd degree crime. Home invasion of an occupied place is a 1st degree crime (that’s bad).
As for penalties if convicted, disorderly persons theft can get you 6 months in jail max. 4th degree crimes can get you 18 months in jail. 3rd degree can get 3-5 years in prison. 2nd degree can get you 5-10 years. And 1st degree can get you 10-20 years. Yikes!
But those are often the maximums. First offenders often get probation, especially for smaller thefts. The judge takes things case-by-case.
Oh, and you’ll probably have to pay back what you took. Restitution ain’t fun. The court may make you pay the victim back as part of your sentence.
What else can you expect if charged? Well, you’ll get a complaint filed against you, maybe have to turn yourself in and get booked, then head to court for an arraignment. That’s where you enter a plea – guilty, not guilty, or no contest.
After your arraignment the prosecution has to share all the evidence they have with you and your lawyer during the “discovery” phase. This lets you craft your defense strategy.
Many cases do end in plea bargains to avoid trial. But if you fight the charges, you’ll head to trial in front of a judge or jury. Then it’s up to the prosecution to prove you’re guilty beyond a reasonable doubt.
Whew, I know that’s a lot of info. The main takeaway is that theft charges are serious business in New Jersey. There can be stiff penalties if convicted. But there are also defenses that a skilled criminal lawyer can use to protect your rights.
Don’t just plead guilty without talking to a lawyer! Meet with someone experienced in NJ theft crimes who can advise you on the best legal strategies. Having a strong defense could make a huge difference in the outcome of your case.