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There are several different kinds of theft according to New Jersey law. There is theft by unlawful taking (N.J.S.A. 2C:20-3), theft by deception (N.J.S.A. 2C:20-4) and theft by extortion (N.J.S.A. 2C:20-5). When most people think of theft, they are thinking of theft by unlawful taking (N.J.S.A. 2C:20-3). If you have or think you might have committed an act of theft, here is what you need to know.
What is Theft by Unlawful Taking?
Someone can be charged with theft if he/she unlawfully takes, or exercises unlawful control over, movable property of another with the purpose of depriving that person of that property. A person can also commit theft of immovable property (e.g., real estate). The charge would apply to any person who unlawfully transfers interest in immovable property of another person with purpose to benefit himself or another not entitled to it.
Some examples include:
- stealing jewelry from a neighbor’s home
- stealing a car from someone’s driveway
- stealing new sneakers from a store
- stealing a valuable painting from a museum
- transferring real estate assets to oneself or another person without the owner’s consent (theft of immovable property)
Penalties and Fines
The punishment for a conviction of theft by unlawful taking varies with the value of the goods stolen.
| Value of Goods | Severity of Charge | Incarceration | Fine |
| Less than $200 | Disorderly persons offense | Up to 6 months in jail | Up to $1,000 |
| $200 to $500 | Fourth-degree felony | Up to 18 months in jail | Up to $10,000 |
| $500 to $75,000 | Third-degree felony | 3 to 5 years in prison | Up to $10,000 |
| More than $75,000 | Second-degree felony | 5 to 10 years in prison | Up to $15,000 |
Other factors beyond the value of the goods stolen can affect the severity of the charge. For example, the following situations could result in a third-degree felony indictment even if the value is less than $500:
- The property stolen is a firearm;
- The property stolen is less than one kilogram of a controlled substance;
- The theft is a breach of obligation by a fiduciary;
- The property stolen is a New Jersey prescription blank.
Theft can also be charged as first-degree felony if the crime was committed in conjunction with a violent crime, such as aggravated assault, robbery, carjacking or rape. The penalties for a conviction of first-degree felony theft in New Jersey are generally between 10 and 20 years in prison and a fine of up to $200,000.
How to Beat Theft by Unlawful Taking
Regardless of the circumstances or the severity of the charge, it is urgent that you hire an attorney to help you avoid a conviction for theft. In order to be convicted, the prosecution must prove that you are not the lawful owner of the property, that you took the property without permission of the true owner, and that you intended to deprive the owner of the property in question. A charge of theft can be dismissed if evidence can be presented that disproves one or more of those factors.
In some cases, however, this may not be possible. When that happens, there are other ways to avoid a conviction and possible criminal record known generally as “diversion”:
Pre-Trial Intervention (PTI): If you are a first-time offender and otherwise eligible an attorney can help you enroll in a Pretrial Intervention Program. If you are accepted and complete the program, you can avoid having a criminal conviction on your record.
Conditional Dismissal: A conditional dismissal program is similar to PTI. Like PTI, it is only available to first-time offenders charged with disorderly persons offenses (not felonies), and those offenders cannot have participated previously in any other conditional dismissal or PTI program.
Clean Slate: The clean slate law allows a person who has not had a conviction in 10 years and has fulfilled all obligations of past convictions to have their criminal record cleared in full if they meet certain criteria. A person qualifies if they have been convicted of one or more disorderly persons offenses and/or indictable offenses which are eligible for expungement. Any specific offense on one’s record that is not expungeable, such as murder, sexual assault, and robbery, disqualifies one from the clean slate program. To find out more about the clean slate or expungement in general, please see this article.
Who Should I Contact?
If you or a loved one has been arrested for theft by unlawful taking or for any other criminal offense in New Jersey, you need the help of an attorney to examine your case and determine the best course to mitigate or avoid the consequences. The lawyers of the Rosenblum Law are skilled criminal defense attorneys with experience helping people in similar situations. Email Rosenblum Law or call 888-815-3649 today for a free consultation about your case.
FAQs
In order to charge a person with the crime, it would have to be proven that the item taken was not their lawful property, that they knowingly took the property from the rightful owner without their permission, and intended to deprive the owner of the property while benefiting themselves or a third party. If a person, for example, truly believed that the property they had unlawfully taken was actually theirs because they owned one just like it, that may be a legitimate defense and absolve them of wrongdoing.
Immovable property generally refers to property whose value is more intangible than a diamond ring or collectible sneakers. The deed to a home or a certain piece of real estate is certainly immovable because its value comes not from the paper itself, but from the value it confers. Things like stock ownership and other assets of a similar nature are all intangible properties, nonetheless they possess value. The taking of such assets without their rightful owner’s permission and attempting to benefit by selling it or transferring ownership to another person in exchange for compensation is considered theft of unmovable property.
Someone with little to no criminal record, and who has been accused of a theft of a minor status, such as a disorderly person’s offense, for example, will likely not face jail time, especially if they hire a good attorney. However, as the theft increases in severity, particularly when it occurs during high-level crimes and/or the value of the stolen property is hundreds of thousands or millions of dollars, jail time is much more likely. Still, the harshest consequences might be avoided depending on the circumstances and defense presented by an attorney.
Last updated: Oct 27, 2023
