New Jersey law establishes several theft-related offenses. All of these offenses carry fines and jail (or prison) time, and having a theft conviction on your record can negatively impact your life in many ways. As a result, if you have been arrested for theft, it is important to understand the specific risks you face and to discuss your case promptly with an experienced New Jersey criminal defense lawyer.
Theft Crimes in New Jersey
New Jersey’s theft crimes are outlined in Section 2C:20 of the Code of Criminal Justice. While “theft” is often thought of as a single offense, prosecutors can pursue a wide variety of charges under New Jersey law. Some examples of potential charges include:
- Theft by unlawful taking or disposition (Section 2C:20-3)
- Theft by deception (Section 2C:20-4)
- Theft by extortion (Section 2C:20-5)
- Theft of property lost, mislaid, or delivered by mistake (Section 2C:20-6)
- Theft of services (Section 2C:20-8)
- Theft by failure to make required disposition of property received (Section 2C:20-9)
- Theft of a motor vehicle (Section 2C:20-10.1)
- Shoplifting (Section 2C:20-11)
Again, these are just examples. New Jersey has separate robbery and burglary statutes as well, and, depending on the circumstances involved, theft allegations could also lead to charges for fraud and other crimes. When facing criminal charges in New Jersey, it is critical to have a clear and comprehensive understanding of all of the allegations against you, as this will be critical for determining what defenses you have available.
Penalties for Theft Crimes in New Jersey
If you have been charged with a theft crime in New Jersey, the penalties you are facing depend on the “degree” of the charge (or charges) against you. Broadly, the offenses outlined in the New Jersey Code of Criminal Justice fall into two categories: disorderly persons offenses and indictable offenses. But within each of these categories, there are multiple degrees of offense, and prosecutors can pursue theft charges at different degrees depending on the specific circumstances.
With this in mind, depending on the specific circumstances of your case, a theft conviction could lead to penalties including:
- Disorderly Persons Offense – Up to six months in jail and a $1,000 fine
- Fourth-Degree Indictable Offense – Up to 18 months in prison and a $10,000 fine
- Third-Degree Indictable Offense – Three to five years in prison and up to a $15,000 fine
- Second-Degree Indictable Offense – 5 to 10 years in prison and up to a $150,000 fine
Along with these penalties, a theft conviction can have other serious consequences. For example, not only could you find it much more difficult to find work, but if you have a child, if you are a licensed professional, if you are in the military, or if you are a non-U.S. citizen, you could face life-altering consequences regardless of the sentence you face in court.
Defending Against Theft Charges in New Jersey
While theft charges can take many forms and pose various risks, there are also a variety of potential defenses. If you are facing a theft charge in New Jersey, determining what defenses you can assert in your case will be critical for avoiding unnecessary consequences.
Crucially, while presenting evidence of your innocence is an option, you do not have to prove your innocence to avoid a theft conviction. In New Jersey, prosecutors have the burden of proving your guilt beyond a reasonable doubt. As a result, even if you engaged in theft, you may still be able to avoid a conviction by raising questions about the prosecution’s case against you.
With this in mind, some examples of potential defenses against theft charges in New Jersey include:
Alibi
If you have an alibi (i.e., if you can prove that you were somewhere else when the alleged theft was committed), your New Jersey criminal defense lawyer may be able to present evidence of your alibi to help you avoid a conviction. Text messages, cell phone data, receipts, eyewitness testimony, and various other forms of evidence can be used to prove an alibi in criminal court.
Lack of Intent/Mistake
In many cases, establishing criminal culpability for theft requires evidence of intent to steal someone else’s (or a business’s) property. If you did not intend to steal, or if you mistakenly believed that the property was yours or that you were allowed to take it, this could serve as a complete defense in criminal court as well.
Illegal Search, Seizure, or Arrest
Illegal searches, seizures, and arrests can render the prosecution’s evidence inadmissible in court. If the police violated your constitutional rights, your New Jersey criminal defense lawyer may be able to use this to protect you. If prosecutors can’t present their evidence in court, they won’t be able to prove your guilt beyond a reasonable doubt.
Prosecutorial Misconduct
Along with police misconduct, prosecutorial misconduct can provide grounds to seek dismissal of theft charges in some cases. For example, if the prosecutor assigned to your case withholds evidence that suggests you are not guilty of theft (this is known as “exculpatory evidence”), this is something that your lawyer may be able to use to protect you.
Insufficient Evidence
Regardless of the circumstances of your case, if prosecutors don’t have the evidence they need to secure a conviction, you are entitled to walk free. An experienced New Jersey criminal defense lawyer will be able to examine the prosecution’s evidence in light of the specific allegations against you to determine if prosecutors will likely be able to meet their burden of proof.
Discuss Your Theft Case with an Experienced New Jersey Criminal Defense Lawyer
At Helmer, Conley & Kasselman, P.A., we provide experienced legal representation for individuals facing theft charges throughout New Jersey. If you need legal representation, we encourage you to contact us promptly for more information. To discuss your case with an experienced New Jersey criminal defense lawyer in confidence as soon as possible, call us at 877-435-6371 or tell us how we can reach you online today.