NJ Theft Laws: Understanding Theft Charges, Laws, and Penalties in New Jersey

New Jersey theft charges and penalties can be complex, ranging from relatively minor situations to serious charges with lengthy prison terms. This is why it’s so important to gain a clear picture of NJ theft laws, so you can mount a legal defense if you are accused of a crime.

You’ll need a legal representative on your side, no matter which type of theft you are accused of in NJ. This guide is designed to give you a comprehensive overview of the laws applied here in the state — but for more specific information relating to your case, please reach out to our team directly.

How Does New Jersey Law Define Theft?

Under N.J. Stat. §§ 2C:20-1; 2C:20-3 to -11 (2024), theft is defined in a couple of ways:

1. Taking  unlawful control of the movable property of another person with the intent of depriving that person of their lawful property (for instance, taking someone’s cellphone without their consent)
2. Unlawfully transferring the ownership of another person’s immovable property or any interest in that immovable property (for example, taking control of someone’s home through deceit or fraud)

New Jersey Theft Charges: Types of Theft in NJ

While there are two main definitions of theft in New Jersey, there are actually several different types of New Jersey theft charges.

Theft by Unlawful Taking

Commandeering or controlling the property of another person without their consent. It can include physical property (such as a watch), a monetary amount, or intangible intellectual property.

Theft by Deception

Using misrepresentation, deceit, or fraud to take the property of another person. Deception theft may be conducted during a face-to-face interaction, or it may take place over the phone or computer. Cybercrime frequently falls under theft by deception.

Theft by Extortion

Similar to theft by deception but involves the threat of harm. This includes the threat of physical violence or the release of compromising images or messages.

Receiving Stolen Property

Accepting property known to be stolen or likely stolen. Knowingly receiving stolen property in NJ can also carry a theft charge, even if the recipient was not involved in the initial incident.

Shoplifting

Stealing an item from a place of business. Shoplifting laws in NJ also cover altering pricing information to deceive a business.

Theft of Services

Using a service without paying for it. This may include providing false billing information after using a service or piggybacking on someone else’s WiFi or satellite TV service.

Other Specific Theft Offenses

There are other forms of theft offenses under New Jersey law. For example:

• Robbery — Using physical force, weapons, or threats to take a property. This will usually carry a separate, more serious charge.
• Identity theft — Impersonating the identity of another person. This may involve a theft charge if there is an element of fraud or deception, but it may also carry its own separate charge.
• Petty theft — The taking of property without permission but without force or threat. Petty theft charges apply when the value of the property is $200 or less.
• Grand theft — A more serious version of petty theft. This involves a property of a higher value and incurs a greater penalty.
• Auto theft — Theft of an automobile or another vehicle. This type of theft may carry its own classification in New Jersey and its own penalty, such as revocation of driving licenses.

Classification and Penalties

Under NJ theft laws, the penalty depends largely on the value of the stolen goods or assets. However, if other crimes have been committed — such as physical harm inflicted on the victim — separate charges and penalties will also apply.

Disorderly Persons Offense

• Theft of property with a value below $200.
• The penalty is a jail term of up to 6 months and fines of up to $1,000.

Fourth-Degree Crime

• Theft of property with a value between $200 and $500.
• The penalty can be up to 18 months in prison and fines of up to $10,000.

Third-Degree Crime

• Theft with a property value between $500 and $75,000.
• The penalty is between 3 and 5 years in prison and fines of up to $15,000.

Second-Degree Crime

• Theft of property valued over $75,000.
• The penalty may be between 5 and 10 years in prison and a fine of up to $150,000.

Theft of Packages

• As of 2024, the theft of packages from residential properties carries a more severe classification.
• Essentially, the classification is moved up by one degree. So the theft of a package worth less than $200 is a fourth-degree crime, with the appropriate penalty attached. Theft of a package valued at between $200 and $500 is a third-degree crime and so on.

Additional Factors Influencing Penalties

As mentioned above, there are additional factors that can influence the penalty received. For example, if the victim experiences physical, psychological, or emotional harm, a higher penalty can be applied.

The perpetrator may also receive a higher penalty if they have prior convictions. New Jersey courts have the right to consider the specific circumstances of the offense when applying a penalty.

Legal Defenses and Rights

If you find yourself accused of one of the above offenses, there are certain steps you can take. Here are some of the most common legal defenses for theft charges in New Jersey:

Lack of Evidence

You may argue there is not enough evidence to uphold a conviction. This might include unreliable witnesses or low-quality surveillance footage.

Accidental Theft

Part of the definition of theft is that it is intentional. If you believe that the property ended up in your possession by accident, you may be able to avoid theft penalties in New Jersey.

Mistaken Identity

You may be able to prove that it was someone else who committed the theft and you are not to blame.

Unconstitutional Processes

If you believe that law enforcement did not act according to their constitutional requirements, you may be able to use this in your defense. Examples include entrapment, in which you commit a crime you would not otherwise have committed or if undue force was used during your arrest.

The first thing to do if accused of theft is seek legal representation. This is true whether you are guilty of the offense or not, as a lawyer may be able to help you get a lesser charge and a lesser penalty.

Never take any steps yourself before contacting a lawyer. Even if you are trying to put the situation right, you could make it worse — for example, attempting to replace a stolen item could incriminate you.

Understand NJ Theft Laws and Get the Defense You Need

Understanding should be the first step in the process if you find yourself accused of theft in New Jersey. By recognizing your rights and potential charges, you can mount the best defense possible.

Speak to our expert team today and learn more about what you can do to defend yourself. Our legal professionals are in your corner here in New Jersey.