New Jersey Theft Offenses and Charges


NJ Theft charges/offenses are categorized in four different degrees depending on the amount
alleged to have been unlawfully taken as indicated below.  The charge of Theft (2C:20-1) can
be anything from theft of property,
shoplifting (2C:20-11), receiving stolen property (2C:20-7)
theft by deception (2C:20-4), theft of services (2C:20-8),  fraud, writing bad checks, credit
card theft, or any means in which a person tricks, fools, extorts (2C:20-5) a person to part with
property under a false pretense or assumption.  Please note that
shoplifting has additional
community service penalties.  You deserve the best defense, Attorney Aalsberg has
thousands of satisfied clients call today and find out how we can help you.  The Call is Free
the advice may be priceless.

 New Jersey Theft, Second Degree (2nd Degree) Crime

Sentence: Up to 10 years in prison.  Ordinary Terms: Jail 7 to 10 years, Fines and Probation

A theft charge is a second degree crime if the value of the items are worth $75,000 or more or if:
•The property is taken by extortion;
•The property stolen is a controlled dangerous substance or controlled substance analog and the
quantity is in excess of one kilogram;
•The property stolen is a person's benefits under federal or State law, or from any other source,
which the Department of Human Services or an agency acting on its behalf has budgeted for the
person's health care and the amount involved is $75,000 or more; or
•The property stolen is human remains or any part thereof.


   New Jersey Theft, Third degree (3rd Degree) Crime

Sentence: Up to 5 years in Jail.  Ordinary Terms: 3 to 5 years in Jail, Fines and Probation

A theft charge is a third degree crime if the value of the items are worth more than $500, but not more
than $75,000 or if:
•The property stolen is a firearm (gun, rifle, pistol), or a motor vehicle, vessel, boat, horse, domestic
companion animal or airplane;
•The property stolen is a controlled dangerous substance or controlled substance analog and the
amount involved is less than $75,000.00 or is undetermined and the quantity is one kilogram or less;
•It is in breach of an obligation by a person in his capacity as a fiduciary;
•It is by threat not amounting to extortion;
•It is of a public record, writing or instrument kept, filed or deposited according to law with or in the
keeping of any public office or public servant;
•The property stolen is a person's benefits under federal or State law, or from any other source,
which the Department of Human Services or an agency acting on its behalf has budgeted for the
person's health care and the amount involved is less than $75,000;
•The property stolen is any real or personal property related to, necessary for, or derived from
research, regardless of value, including, but not limited to, any sample, specimens and components
thereof, research subject, including any warm-blooded or cold-blooded animals being used for
research or intended for use in research, supplies, records, data or test results, prototypes or
equipment, as well as any proprietary information or other type of information related to research;
•The property stolen is a New Jersey Prescription Blank as referred to in; or
•The property stolen consists of an access device or a defaced access device.
•Improper Use of Credit Card also may be charged as a 4th Degree Offense see below.



 New Jersey Theft charge Fourth degree (4th Degree) Crime

Sentence: Up to 18 Months in Jail, Fines and Probation

Theft is a crime of the fourth degree if  the value of the items are worth more than $200, but not more
than $500 or if the theft is by means of a credit card in which case the crime could be a third degree
crime depending on how charged by the police and prosecutor.

Examples of credit card theft include: having two or more credit cards in your possession that have
names other than your own even if the cards are never used.  Using a card that has someone else’s
name on it , creating a false credit card, to use a credit card even though the account has been
closed, or to sign a credit card when the signer is not the named person on the credit card.

Credit card theft is a specific form of a theft crime that is unrelated to the "value" of the theft.

 NJ Theft - Disorderly Persons Charge

Sentence: Up to 6 Months in Jail, Fines, Probation

A theft charge is classified as a disorderly persons charge (considered a misdemeanor in most states)
under New Jersey law if the amount involved is under $200.  However please note that this will be
marked on the NCIC database as a criminal offense even though it is not considered a criminal
offense in the State of New Jersey and as such employers are free to consider a person charged with
a disorderly person offense a criminal.
Free Consultation with an Experienced Theft Attorney
Call 1-800-9-RIGHTS or 1-800-974-4487
H. Scott Aalsberg, Esq., P.C.
Attorneys at Law
Main Office: 39 Milltown Road 2nd Floor, East Brunswick, N.J. 08816
1028 Route #23 North, Wayne, N.J. 07470
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