New Jersey Theft Law: What You Need to Know About Unlawful Taking

In New Jersey, theft charges can lead to serious consequences like jail time and fines. But the law recognizes that good people sometimes make bad choices when facing difficult circumstances. This article explains the basics of unlawful taking under Section 2C:20-3 so you can understand your rights and options if accused.

What is Theft by Unlawful Taking in New Jersey?

Theft by unlawful taking (or “larceny” in some states) is when someone takes movable property that belongs to someone else, without permission, with the intent to permanently deprive the owner of it[1]. For example:

• Taking jewelry, electronics, or other valuables from someone’s home
• Driving off in a car that doesn’t belong to you
• Shoplifting merchandise from a store
• Taking cash or equipment from an employer

In New Jersey, it’s also considered theft if you unlawfully transfer interest in immovable property – like real estate or land – to benefit yourself or someone else who’s not entitled to it[2].

The key is that the property belongs 100% to someone else. If you have any ownership rights, it may be a civil dispute rather than criminal theft.

What Are the Penalties for Theft by Unlawful Taking in New Jersey?

The penalties for theft depend on the value of the stolen property:

• Less than $200 – Disorderly persons offense. Up to 6 months in jail and up to a $1,000 fine[3].
• $200 to $500 – 4th degree crime. Up to 18 months in jail and up to a $10,000 fine[3].
• $500 to $75,000 – 3rd degree crime. 3-5 years in prison and up to a $15,000 fine[3].
• Over $75,000 – 2nd degree crime. 5-10 years in prison and up to a $150,000 fine[3].

In addition, if firearms, controlled substances, or prescription blanks are stolen, it’s a 3rd degree offense regardless of value. Breaching a fiduciary obligation (like an employee stealing from an employer) is also a 3rd degree offense[3].

First-time offenders may be eligible for pre-trial intervention (PTI) to avoid a criminal record[4]. But for serious or repeat offenses, jail time is likely.

What Are Some Common Defenses to Theft Charges?

There are several ways to fight a theft by unlawful taking charge[5]:

• You had permission – For example, a family member let you borrow the car or item.
• You didn’t intend to deprive the owner – You borrowed the property but intended to return it. Or you truly believed you had permission to take it.
• The property wasn’t solely owned by someone else – You had partial ownership or other lawful claim over it.
• Misidentification – Someone else committed the theft and you were wrongly accused.
• Duress – You felt threatened or coerced into taking the property against your will.

An experienced criminal defense attorney can evaluate the evidence and determine if any of these defenses apply in your case.

What Happens if You Are Convicted of Theft in New Jersey?

If convicted of theft, you’ll have a permanent criminal record. Jail time, fines, and probation are likely sentences. You may also have to pay restitution to compensate the victim.

A theft conviction can hurt your finances, career, education, and reputation. It can impact everything from housing and loans to professional licensing and immigration status.

That’s why it’s so important to have an aggressive defense to avoid conviction. An attorney may be able to get charges reduced or dismissed through plea bargaining, or win an acquittal at trial.

How Can a Lawyer Help With Theft Charges?

Don’t go through this alone. An experienced criminal defense lawyer can:

• Investigate the allegations and build a strong defense
• Negotiate with prosecutors for reduced charges or dismissal
• Advocate for diversion programs to avoid a conviction
• Suppress illegally obtained evidence
• Present your side of the story at trial if needed
• Guide you through the legal process and protect your rights

Even if you can’t afford private counsel, a public defender can be appointed. But hiring your own lawyer is wise if at all possible, as they can devote focused time and resources to your defense.

Take Action to Protect Your Future

Theft allegations shouldn’t be taken lightly, but they also shouldn’t ruin your life if you have a legitimate defense. Take action quickly to understand your rights and options. The lawyers at Rosenblum Law have successfully defended theft suspects for over 20 years. Contact them for experienced and compassionate counsel regarding your case.