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Theft Charges: Jail Time and Fines in New Jersey

March 21, 2024 Uncategorized

Theft Charges: Jail Time and Fines in New Jersey

Theft charges in New Jersey can lead to fines, probation, community service, restitution payments, or even jail time. With penalties this severe, it’s important to understand the state’s theft laws and potential defenses if you face allegations. This article provides an overview of common theft crimes and outcomes in New Jersey.

Types of Theft

New Jersey divides theft into different categories based on the value of property stolen and other factors. Some common theft charges include:

  • Shoplifting – Concealing store merchandise on your person and leaving without paying. Shoplifting under $500 is a disorderly persons offense. But it becomes a 4th degree crime if the goods are worth $500 to $75,000.
  • Theft by Deception – Using lies, false impressions or deception to obtain property or services. Punishment depends partly on the value stolen.
  • Theft of Movable Property – Stealing property that isn’t attached to land, like jewelry, electronics or collectibles. The charge level varies based on value.
  • Theft from a Vehicle – Breaking into and stealing items from a vehicle. This may lead to 3rd or 4th degree charges.
  • Theft of Services – Using a service without paying when payment is required. Includes things like utility theft or sneaking into concerts.
  • Receiving Stolen Property – Possessing goods you know or believe were stolen. The offense level reflects the market value.

Penalties for Theft

How severely you get punished for theft in New Jersey often correlates to the dollar value involved. However, judges also consider things like criminal history. Possible penalties per offense include:

Disorderly Persons Theft

Theft of less than $500 is a disorderly persons offense. This results in up to 6 months in jail and fines up to $1,000. Courts frequently impose probation and community service instead of jail for minor first offenses.

4th Degree Theft

This charge covers thefts of $500 to $75,000 and certain property crimes. Fourth degree theft carries up to 18 months in prison and fines up to $10,000. However, first-time offenders may get probation and restitution requirements instead of incarceration.

3rd Degree Theft

For thefts of $75,000 to $500,000, the charge becomes a 3rd degree felony. This potentially involves 3-5 years in state prison and fines up to $15,000. Defendants sometimes get probation with restitution on good behavior.

2nd Degree Theft

Theft of $500,000 to $1 million leads to a second degree theft conviction. This allows for 5-10 years in prison and fines up to $150,000. Second degree charges are quite serious, although penalties may reduce through plea bargains.

1st Degree Theft

Under N.J.S.A 2C:20-2.1, the theft of over $1 million gets treated as a first degree offense. This is punishable by 10-20 years imprisonment and fines up to $200,000.

Defenses Against Theft Charges

If you face allegations of theft or shoplifting, some possible defenses in New Jersey include:

Lack of Criminal Intent – If evidence shows you lacked intent to deprive the owner permanently, the charges may get dismissed. For example, forgetting to pay for an item or returning it right away.

Misidentification – Police may have arrested the wrong person, creating mistaken identity issues. An alibi could rebut the charges.

False Accusations – Theft allegations sometimes stem from grudges, misunderstandings or loss prevention errors. Your lawyer can probe for credibility issues.

Unlawful Search Issues – Improper store searches or seizures may enable suppression of evidence due to 4th Amendment violations.

Mental Health Factors – Diagnosed conditions like kleptomania may provide grounds for therapy instead of standard sentencing.

An experienced criminal defense lawyer can assess the prosecution’s case and advise you on the best defense strategies. Don’t hesitate to exercise your rights if accused. And know that even felony charges often result in probation or alternative sentencing, especially for first-time offenders.

Theft Conviction Consequences

Beyond direct penalties, a theft conviction can negatively impact your life in other ways:

  • Struggles finding employment, especially in finance, security and other fields requiring trustworthiness.
  • Potential loss of professional licenses and certifications.
  • Difficulties passing background checks for housing, loans and education programs.
  • Loss of voting rights until your sentence completes.
  • Deportation if you hold non-citizen immigrant status.
  • Probation requirements like random drug testing.
  • Mandatory therapy or shoplifting education classes.

The stigma of a theft conviction follows most people for years. The consequences spread beyond court fines and jail time. That’s why mounting an aggressive defense to fight the charges makes sense, even if you lack money for an attorney. Public defenders help those who cannot afford private lawyers.

Getting Legal Help

Don’t go through theft allegations alone. Consult a skilled criminal defense lawyer for personalized case guidance. Attorneys negotiate reduced charges, gather exonerating evidence, and advocate for the least punitive outcome possible. Every situation differs. So you need an advocate exploring options based on the unique circumstances.

Handling these cases well requires understanding New Jersey’s theft laws and court procedures. Few people grasp the intricacies without legal training. Let an expert shoulder the burden while you focus on other aspects of your life.

Summing Things Up

Theft charges shouldn’t get taken lightly, even for first-time offenders. New Jersey imposes harsh fines and penalties, especially for higher dollar amounts. While judges allow probation in some cases, you may serve months or years in prison if convicted.

Don’t leave the outcome to chance. Work with a skilled criminal lawyer to contest flawed charges or negotiate an alternative resolution. Understanding precisely what you face makes it easier to plan an effective strategy. No one deserves punishment for crimes they didn’t commit.

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Todd Spodek

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CLAIRE BANKS

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RAJESH BARUA

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CHAD LEWIN

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