Multiple factors will determine the degree of criminal offense you will be tried for if you go to court for theft, including the value of property involved and whether there was violence involved in the alleged crime.
For example, robbery is a crime of the second degree, but armed robbery a first-degree crime. Shoplifting may be charged as a disorderly persons offense if the full retail value of merchandise allegedly stolen is less than $200. But as the value of merchandise increases, shoplifting finally becomes a second-degree offense if the full retail value of the merchandise is $75,000 or more.
The degree of offense you are charged with dictates the amount of prison time or fine you may face. According to New Jersey law:
- A person convicted of a first-degree offense may face 10 to 20 years in prison and be ordered to pay a fine of up to $200,000.
- A person convicted of a second-degree offense may face 5 to 10 years in prison and be ordered to pay a fine of up to $150,000.
- A person convicted of a third-degree offense may face 3 to 5 years in prison and be ordered to pay a fine of up to $15,000.
- A person convicted of a fourth-degree offense may face up to 18 months in prison and be ordered to pay a fine of up to $10,000.
- A person convicted of a disorderly persons offense may be ordered to pay a fine of up to $1,000.
- A person convicted of a petty disorderly persons offense may be ordered to pay a fine of up to $500.
Because punishments for theft crimes vary so much, there is ample opportunity to negotiate a lesser charge or sentence. But prosecutors have a professional duty to seek a conviction. They will not and cannot point out opportunities to avoid being convicted of the harshest possible level of offense they believe they can obtain.
If your rights are to be fully protected as allowed by law, it is crucial to engage a criminal defense attorney experienced in New Jersey courts as soon as possible after being arrested for theft. Schedule a free consultation with the Pagliara Law Group.
How Our Attorneys Can Help You Fight Theft Charges
A person maybe found guilty of theft if he takes possession of or exercises unlawful control over another person’s property without consent and with the intent to either permanently deprive the rightful owner of access to the property or to return the property only after being paid a reward or other compensation. It is also a crime to receive stolen property or to possess burglary tools.
Regardless of the type of theft charges, without a guilty plea, prosecutors must prove their case beyond a reasonable doubt to obtain a conviction.
We thoroughly challenges the prosecution’s case and seeks the best available outcome. Our attorneys will provide that level of representation, fighting for your rights and a resolution to your case that preserves your freedom and your future.
Contact the Pagliara Law Group to:
- Immediately seek your release from custody on your own recognizance (ROR) or for the lowest bail available.
- Begin investigating the charges against you, including determining whether there was police or prosecutorial misconduct, or there are flaws in the prosecution’s case, such as:
- Illegal arrest
- Illegal search and seizure
- Mistaken identity
- Faulty suspect lineup
- Racial, ethnic, socio-economic, gender, sexual orientation, age or other bias
- Lack of credible witnesses
- Faulty or fabricated testimony
- Faulty forensic testing (particularly regarding DNA evidence).
- Make pre-trial motions to have the court exclude disputable evidence from further proceedings.
Because of our attorneys’ experience across the state, we have the professional relationships required to allow us to reach out immediately and begin negotiations to have theft charges dismissed or reduced as part of a plea bargain.
If a trial is necessary, we will proceed with a strong and persuasive defense. Potential defenses to charges of theft that may lead to reduced charges, a lighter sentence or exoneration include but are not limited to:
- Inability to establish ownership of the property in question
- Inability to establish the defendant’s possession of the property
- False value assigned to property
- Lack of intent to permanently deprive the rightful owner of the property
- Defendant’s honest claim of right to the property
- Entrapment, coercion or other inducement by another for the defendant to commit the alleged theft
- Mental impairment at the time of the alleged theft that prevented understanding of right versus wrong or the consequences of the defendant’s actions.
Theft cases often pit one person’s word against another’s when it comes to such issues as rightful ownership; agreement to transfer ownership, such as through an undocumented sale; or whether there was expressed or implied consent to borrow property that would have been returned in a timely manner.
Depending on the case, it may also be possible to make restitution to the alleged victim of a theft and persuade them to drop charges. Our attorneys and legal staff are skilled and compassionate negotiators who can make such overtures under the proper circumstances.
There are many opportunities to have theft charges reduced or dismissed before they go to court, and defendants who go to court for allegations of theft are found not guilty every day.
We may also be able to arrange a plea that leads to Conditional Discharge probation or Pre-Trial Intervention (PTI), either of which may be appropriate for certain nonviolent first-offenders.
Active military members and retirees accused of nonviolent crimes who have been diagnosed with mental illness or who have shown signs of mental illness in front of law enforcement, family members or friends may qualify for the N.J. Veterans’ Diversion program, which allows participants to avoid trial and a criminal record.
If you or a love on of yours has been arrested for an alleged theft, call the Pagliara Law Group. The sooner you get our legal team working for you, the sooner we can challenge the evidence against you or explore other possibilities for avoiding potentially harsh penalties available in a theft conviction.
Call our New Jersey Theft Crime Defense Lawyers Today
If you face charges of robbery, extortion, shoplifting, stealing a car, or another kind of theft in New Jersey, exercise your right to remain silent, and call our experienced criminal defense attorneys as soon as possible. Our team will move promptly to prepare a defense that is aimed at the best available legal outcome for you.
Don’t risk the potentially severe punishment allowed by New Jersey law for stealing, or a permanent record.
201-470-4181
