Being accused of any criminal offense can lead to significant and long-lasting consequences, especially when you are charged with a felony instead of a misdemeanor or lower-level offense. Understanding what constitutes felony theft is imperative to preparing you for trial and protecting your rights in New Jersey, as the state handles theft crimes differently than many other places. Continue reading for more information and reach out to an experienced Bergen County criminal defense lawyer to schedule your free consultation today.
How is Theft Defined?
New Jersey recognizes several types of theft offenses, including:
- Theft by unlawful taking
- Theft by deception
- Theft by extortion
- Theft of services
- Receiving stolen property
- Shoplifting
Each of these offenses has unique definitions and elements. However, the general definition of theft is the unlawful taking of property with the intent to deprive the owner of the asset. This can apply to physical property, money, and services.
What Constitutes Felony Theft in NJ?
New Jersey legislation does not use the terms “misdemeanor” and “felony” to describe the severity or grading of criminal offenses. Instead, “disorderly persons offense” and “indictable crime” are comparable, respectively. A felony or indictable crime is a serious criminal offense generally punishable by time in prison, substantial fines, and severe, lasting consequences.
Theft can be charged as either a disorderly persons offense (misdemeanor) or an indictable crime (felony), depending on the specifics of the situation, most notably the value of the property involved.
- Property valued between $200 and $500: Fourth-degree indictable crime
- Property valued between $500 and $75,000: Third-degree indictable crime
- Property exceeding $75,000: Second-degree indictable crime
A theft charge can be considered an indictable crime when the property stolen exceeds $200 in value. Anything less than that is generally a disorderly persons offense. However, there are certain factors that can automatically result in felony level charges, regardless of the monetary value involved in the offense. Theft of a motor vehicle, firearm, or controlled substance can constitute an indictable crime. Additionally, if the property was stolen directly from the person of another individual, or if the victim was a member of a particularly vulnerable group, you may be charged with an indictable crime.
What Are the Penalties for a Felony Theft Conviction?
Being convicted of theft as an indictable crime in New Jersey can result in significant consequences. The outcome of these penalties depends on the level of severity the offense is being charged.
- Fourth-degree crime: Up to 18 months in prison and fines of up to $10,000
- Third-degree crime: 3 to 5 years in prison and fines of up to $15,000
- Second-degree crime: 5 to 10 years in prison and fines of up to $150,000
Because the penalties for a felony theft conviction are so severe, it is crucial that you work with a skilled attorney to explore your options and defensive strategies. Reach out to a knowledgeable legal professional today for more information.