South Jersey Theft Crime Lawyers

Penalties for Theft Convictions in New Jersey

The penalties for a theft conviction in New Jersey are directly tied to the monetary value of the property in question. This value determines the "grade" of the offense, which can range from a disorderly persons offense (comparable to a municipal charge) for low-value thefts to a serious indictable crime (a felony) for high-value cases. As the value increases, so does the severity of the potential punishment.

For thefts under $200, the charge is a disorderly persons offense with a maximum sentence of six months in county jail. The penalties escalate significantly for indictable crimes. A fourth-degree crime (for property valued between $200 and $500) carries up to 18 months in prison. This jumps to a third-degree crime for values between $500 and $75,000, with a three to five-year sentence. The charge becomes a second-degree crime for thefts of $75,000 or more, punishable by five to ten years in state prison. Each of these offenses also carries the risk of substantial fines.

The consequences of a conviction extend far beyond incarceration and fines. A judge will likely order restitution to the victim, and shoplifting cases often include a mandatory period of community service and any person convicted of a third or subsequent shoplifting faces mandatory incarceration. Most importantly, a conviction for an indictable (felony) theft creates a permanent criminal record. This public record can present lifelong obstacles to passing employment background checks, obtaining professional licenses, securing loans, and finding housing.

Defending Against Theft Allegations

An accusation of theft is not a conviction. In every case, the State carries the high burden of proving each element of the offense beyond a reasonable doubt. A formidable defense is built upon a meticulous review of the prosecution’s evidence and a steadfast commitment to protecting your constitutional rights. This process often reveals weaknesses in the State's case that can be challenged through several effective strategies.

Possible defense strategies include:

• Lack of criminal intent. A central element of any theft crime is the intent to permanently deprive the owner of their property. A strong defense can be built by presenting evidence that the taking was an accident, a misunderstanding, or that you had a good-faith belief you were entitled to the property. Without proving criminal intent, the State's case cannot succeed.
• Disputing the valuation of property. The severity of a theft charge hinges on the monetary value of the goods. We carefully scrutinize the prosecution's valuation methods. By demonstrating that the State has inflated the value, it is possible to have the degree of the crime significantly reduced, leading to less severe potential penalties.
• Questioning witnesses and evidence. A defense also involves closely examining the credibility of the State's witnesses and the integrity of the evidence itself. This includes challenging how law enforcement collected evidence, identifying potential violations of your constitutional rights, and exposing inconsistencies in witness testimony.

Ultimately, a strong defense can introduce reasonable doubt and dismantle the prosecution's narrative by methodically challenging the evidence related to intent, value, and witness credibility. The goal is to protect your record and future from a conviction's lasting consequences.

To begin building your defense, contact our South Jersey theft crime lawyer online or call (609) 772-4218 today.