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Putterman Legal

New Jersey Theft Defense Attorney

Arrested for Theft in New Jersey? Contact Us Today for a Confidential Consultation

At Putterman Legal, our New Jersey theft defense attorney invests the time, resources, and attention to detail that you can rely on. Whether you are facing a misdemeanor theft charge or a felony theft charge, we are here to provide you with a strong, solutions-focused defense. If you or your loved one was arrested for theft, please do not hesitate to contact our New Jersey defense attorney today.

What to Know About Theft Charges in New Jersey

Theft is a property crime, potentially a very serious property crime depending on the specific circumstances of the case. Theft in New Jersey is prosecuted under N.J.S.A. 2C:20-3 and related provisions of Title 2C. A person commits theft if they unlawfully take, exercise control over, or transfer property belonging to another with the intent to deprive the owner of it. Theft includes both physical property and intangible items such as services, utilities, or even public benefits.

Understanding theft crimes requires knowledge of how New Jersey law categorizes different types of theft offenses. The value of the property taken and the circumstances surrounding the theft determine the severity of charges and potential penalties you face.

Here are some specific things to know about the criminal theft laws in New Jersey: 

  • There are Different Degrees of Theft: Theft is graded by the value of the property. Property worth less than $200 is a disorderly persons offense, handled in municipal court. Property worth $200 to $500 is a fourth-degree crime, punishable by up to 18 months in prison. Property valued between $500 and $75,000 is a third-degree crime with penalties of three to five years. Theft over $75,000 is a second-degree crime carrying five to ten years in state prison.
  • Common Theft Offenses: Theft charges in New Jersey include shoplifting, theft by deception, theft of services, and theft by unlawful taking. Notably, our state has a specific statute for shoplifting (N.J.S.A. 2C:20-11). Theft by deception involves obtaining property by lying or misleading another. Theft of services occurs when a person uses or benefits from services without paying, such as utilities or transportation.
  • Key Aggravating Factors: Certain circumstances enhance penalties for theft in New Jersey. Theft from the person of another, theft of a firearm, motor vehicle theft, or theft committed during a disaster elevates charges regardless of value. Beyond that, another key point to know is that repeat offenders face harsher sentencing exposure under New Jersey’s persistent offender provisions. That is most often an issue in shoplifting cases.

Understanding Different Types of Theft Crimes

Theft crimes in New Jersey take many forms beyond simple shoplifting. Receiving stolen property is a serious offense where a person knowingly accepts or buys stolen property. This criminal offense carries the same penalties as the underlying theft, based on the value of the property involved.

Theft by unlawful taking occurs when someone takes movable property or another’s property without permission and with the intent to permanently deprive the rightful owner. This offense applies to situations ranging from taking a neighbor’s bicycle to removing items from a workplace.

Deception theft, also called theft by deception, involves obtaining someone else’s property through lies, false promises, or misleading statements. These fraud crimes require proof that the person intended to deceive and actually did deceive the victim. Deception theft cases often involve more complex investigations than straightforward theft cases.

The Legal Process for Theft Charges in New Jersey

The legal process for theft charges begins with your arrest and booking. Law enforcement may question you about the stolen property or the circumstances of the alleged theft. You have the right to remain silent and request legal counsel immediately.

After arrest, you’ll appear in municipal court for a disorderly persons offense or superior court for indictable crimes. The prosecution must prove beyond a reasonable doubt that you committed theft. Your criminal defense attorney will challenge their evidence and present your defense strategy.

During the legal process, your defense attorney will review police reports, witness statements, and any video evidence. They’ll look for violations of your rights, inconsistencies in the prosecution’s case, and opportunities to negotiate reduced charges or dismissal.

Penalties and Consequences of Theft Convictions

Penalties for theft vary widely based on the degree of offense classification. A disorderly persons offense for theft under $200 can result in up to six months in county jail and fines up to $1,000. These cases are heard in municipal court and do not result in a state prison sentence.

A fourth-degree offense for theft between $200 and $500 carries up to 18 months in prison and a maximum fine of $10,000. Third-degree theft involving property valued between $500 and $75,000 can result in three to five years in prison. A second-degree theft over $75,000 carries five to ten years in state prison and heavy fines.

Beyond jail time and fines, a theft conviction creates a criminal record that affects employment, housing, and professional licenses. A criminal conviction for theft crimes can prevent you from working in positions that require bonding or handling money. The conviction may also impact immigration status for non-citizens.

How Theft Charges Affect Your Criminal Record

A theft conviction on your criminal record creates long-term consequences. Employers often view theft as a crime of dishonesty, making it harder to find work. Many professional licenses become unavailable to those with theft convictions.

Your criminal record follows you for years after serving any jail time or paying fines. Background checks will reveal your theft conviction to potential employers, landlords, and others. This is why fighting the charges with an experienced criminal defense attorney is so important.

Even a disorderly persons offense for theft appears on background checks. While less serious than a second-degree crime, it still signals to others that you were found guilty of taking someone else’s property. Avoiding a conviction should be your primary goal.

Defense Strategies for Theft Charges

Building a strong defense against theft charges requires examining every aspect of your case. Common defenses include lack of intent to permanently deprive the owner, mistaken identity, or permission to take the property. Your defense attorney will investigate whether police violated your rights during the arrest or search.

Challenging the value of the property involved can reduce charges from a higher degree offense to a lower one. If the prosecution cannot prove the property was worth more than claimed, charges may be reduced. Your criminal defense attorney will obtain independent appraisals when necessary.

In some theft cases, the evidence is insufficient to prove guilt beyond a reasonable doubt. Your defense lawyers may file motions to suppress illegally obtained evidence or dismiss charges due to lack of probable cause. Every criminal case requires a thorough review of the prosecution’s evidence.

Why Rely On New Jersey Theft Defense Lawyer Bonnie Putterman

Theft charges are complicated. If you are facing a charge, your freedom could be at stake. Any person arrested for theft is presumed innocent until proven guilty. Bonnie Putterman is a New Jersey defense lawyer with a robust background in criminal justice. Our client testimonials tell the story of what we can do for you.

With nearly two decades of experience, our law firm has successfully defended clients against all types of theft crimes. Our legal team understands New Jersey law and knows how to build a robust defense strategy for each unique case.

When you reach out to our Atlantic County law office, you will have a chance to connect with a New Jersey theft defense attorney who can: 

  • Hear what you have to say and answer questions about your theft case; 
  • Investigate the theft charge—gathering all relevant evidence; 
  • Handle correspondence with police and/or prosecutors; and
  • Develop a personalized theft defense strategy focused on getting the best outcome. 

Our experienced criminal defense attorneys work to achieve a positive result in every case. Whether you face charges for receiving stolen property, theft by deception, or another theft-related offense, our criminal defense team provides dedicated representation.

Related Criminal Offenses in New Jersey

Theft crimes often overlap with other criminal offenses. Receiving stolen property charges may accompany theft charges when someone buys or accepts property knowing it was stolen. Both the person who committed the theft and the person who received the property involved can face charges.

Fraud crimes and deception theft cases sometimes involve identity theft, credit card theft, or check theft. These white-collar criminal cases require different defense strategies than traditional theft cases. Our experienced criminal defense lawyer handles all types of theft and fraud crimes.

Other charges that may appear alongside theft include aggravated assault if force was used during the theft, or burglary if theft occurred after unlawfully entering a building. Understanding how multiple charges interact helps in building the most effective defense strategy.

Diversion Programs and Alternative Sentencing

New Jersey law provides alternatives to traditional sentencing for eligible defendants. Pretrial Intervention (PTI) allows first-time offenders to avoid a criminal conviction by completing probation and meeting program requirements. Successfully completing PTI results in charges being dismissed.

Conditional discharge is another option for first-time offenders facing disorderly persons offense charges. This alternative to conviction requires completing probation without committing new offenses. Upon successful completion, the charges are dismissed, and you avoid a criminal record.

Veterans and those with mental health issues may qualify for specialized diversion programs. These programs focus on treatment rather than punishment, offering a path to avoid conviction while addressing underlying issues that may have contributed to the criminal offense.

Theft Charges in New Jersey: Frequently Asked Questions (FAQs)

Can a theft conviction be expunged in New Jersey?

Yes, but only in certain circumstances. Still, many theft convictions may be expunged after a statutory waiting period. The time frame depends on the degree of the offense and prior record. However, under New Jersey law, a repeat offender may be barred from expungement.

Will I go to jail for a first theft offense in New Jersey?

You might, but you also might be able to avoid any jail time. Ultimately, it depends on the degree of the charge and the facts of the case. Low-value theft may result in fines, probation, or conditional discharge. Larger thefts or repeat offenses can lead to jail or prison.

Are there Diversion Programs for Theft in New Jersey?

Yes. Diversion programs are available in New Jersey theft cases, but eligibility depends on the type of offense and the defendant’s background. For first-time, non-violent offenders, the most common program is Pretrial Intervention (PTI). Notably, veterans and defendants with mental health issues may also qualify for specialized diversion programs that are focused on treatment and services.

What is the difference between a second-degree crime and a third-degree offense?

A second-degree crime carries more severe penalties than a third-degree offense. Second-degree theft involves property over $75,000 and carries five to ten years in prison. A third-degree charge involves property between $500 and $75,000 with three to five years in prison.

Can I be charged with theft if I intended to return the property?

Intent to permanently deprive the rightful owner is a key element of theft. If you can prove you intended to return the movable property or had permission to use it, this may be a valid defense. Your criminal defense attorney will examine the circumstances to determine the best defense strategy.

What happens if I’m accused of receiving stolen property?

Receiving stolen property is a separate offense that carries the same penalties as theft based on the value of the property. The prosecution must prove you knew or should have known the property was stolen. Your defense attorney will challenge their evidence and protect your rights.

Why You Need Experienced Criminal Defense Attorneys

Facing theft charges requires immediate action from experienced criminal defense lawyers. Our New Jersey defense attorneys understand the New Jersey code and how prosecutors build their cases. We know how to challenge evidence, negotiate with prosecutors, and present compelling defenses.

Our law firm has handled hundreds of criminal cases involving theft crimes. We’ve achieved positive results for clients facing charges ranging from disorderly persons offenses to first-degree crimes. Our legal team works tirelessly to protect your rights and freedom.

Criminal lawyers with experience in theft in New Jersey cases know the local courts, judges, and prosecutors. This knowledge helps in developing strategies tailored to your specific situation. Don’t face theft charges without qualified legal counsel by your side.

Contact Our New Jersey Theft Defense Attorney Today

At Putterman Legal, our New Jersey theft defense lawyer provides solutions-focused legal advocacy to clients. Theft cases can be challenging. You do not have to go up against police or prosecutors alone. Contact our criminal defense firm today for a fully confidential, no obligation free consultation.

We defend theft charges all across New Jersey. Our law offices serve clients throughout the state, providing strong defense representation in municipal court and superior court. Call us today at (609) 625-8383 for your free consultation to discuss your theft case and learn how we can help.

Whether you’re facing charges for shoplifting, receiving stolen property, theft by deception, or any other theft-related offense, our experienced criminal defense attorney is ready to fight for you. Contact our law firm now for a free consultation and start building your robust defense strategy.

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