Theft charges in New Jersey carry serious consequences ranging from disorderly persons offenses to second-degree felonies. Convictions can result in substantial prison sentences, significant fines, restitution obligations, and permanent criminal records that affect employment, professional licensing, and personal reputation.

At the Law Offices of Matthew Cohan, we represent clients facing theft, fraud, and property crime charges throughout New Jersey. Understanding how New Jersey defines and grades theft offenses under N.J.S.A. 2C:20 is essential to protecting your rights and future.

What Is Theft Under New Jersey Law?

In New Jersey, the term "larceny" is no longer used in the criminal code. The offense is legally designated as "theft" under N.J.S.A. 2C:20-3 through 2C:20-11. However, many people still refer to it colloquially as larceny.

At its core, theft involves unlawfully taking or exercising control over someone else's property with the intent to permanently deprive the owner of possession. The specific type of theft charged depends on how the alleged offense occurred and what type of property was involved.

Theft Grading and Penalties in New Jersey

New Jersey grades theft offenses based primarily on the value of property involved:

Second-Degree Crime: Property valued at $75,000 or more

• Prison: 5 to 10 years in state prison
• Fine: Up to $150,000
• Parole ineligibility period may apply

Third-Degree Crime: Property valued between $500 and $75,000

• Prison: 3 to 5 years in state prison
• Fine: Up to $15,000

Fourth-Degree Crime: Property valued between $200 and $500

• Prison: Up to 18 months in state prison
• Fine: Up to $10,000

Disorderly Persons Offense: Property valued under $200

• Jail: Up to 6 months in county jail
• Fine: Up to $1,000
• Not considered an indictable offense (handled in municipal court)

Types of Theft Offenses in New Jersey

1. Theft by Unlawful Taking or Disposition (N.J.S.A. 2C:20-3)

This is the most common theft offense in New Jersey. It covers unlawfully taking or exercising control over tangible movable property (such as money, jewelry, electronics, or vehicles) or transferring interests in immovable property (real estate) without the owner's consent.

Common examples: Shoplifting merchandise, taking someone's wallet or purse, employee theft of company property, unauthorized use of vehicles

Grading: Based on property value as described above

The prosecution must prove three elements beyond a reasonable doubt:

• The defendant knowingly took or unlawfully exercised control over property
• The property belonged to another person
• The taking was done with purpose to permanently deprive the rightful owner

2. Theft by Deception (N.J.S.A. 2C:20-4)

Theft by deception occurs when a person obtains property through fraud, lies, misrepresentation, or trickery. This includes creating false impressions about value, concealing information that would affect judgment in a transaction, or failing to correct false impressions intentionally created.

Common examples: Insurance fraud, fraudulent contractor schemes, selling counterfeit goods, misrepresenting facts to obtain money or property, embezzlement through false accounting

Grading: Based on property value using the same thresholds as theft by unlawful taking

3. Theft by Extortion (N.J.S.A. 2C:20-5)

This involves obtaining property by threatening harm, including physical violence, property damage, criminal accusations, exposure of secrets, or misuse of official authority. Because extortion involves threats or coercion, it is typically charged as a more serious offense.

Grading: Often charged as second-degree or third-degree crime depending on circumstances and property value

4. Theft of Services (N.J.S.A. 2C:20-8)

This charge applies when someone intentionally obtains services without payment, such as utilities, transportation, lodging, entertainment, or professional services.

Common examples: Dining and dashing, bypassing utility meters, obtaining cable or internet service without authorization, fare evasion

Grading: Based on value of services obtained

5. Receiving Stolen Property (N.J.S.A. 2C:20-7)

A person can be charged with receiving stolen property if they knowingly receive, retain, or dispose of property that was stolen, even if they did not personally commit the theft. The critical element is whether the person knew or should have known the property was stolen.

Grading: Based on value of stolen property received

6. Shoplifting (N.J.S.A. 2C:20-11)

Shoplifting is one of the most frequently charged theft crimes in New Jersey. It includes not only taking merchandise without payment, but also altering price tags, concealing items, under-ringing at checkout, or removing security devices.

Grading: Based on merchandise value using standard theft thresholds

Additional penalties: Convicted shoplifters must perform community service for at least 10 days and up to 25 days in addition to other penalties.

Civil liability: Merchants may also pursue civil penalties separate from criminal prosecution.

7. Identity Theft (N.J.S.A. 2C:21-17)

Identity theft involves using another person's personal identifying information, such as Social Security numbers, bank account details, credit card information, or driver's license data, to obtain money, goods, or services.

Grading:

• Fourth-Degree Crime: Benefit under $500 and involves one victim
• Third-Degree Crime: Benefit between $500 and $75,000, or involves 2 to 4 victims
• Second-Degree Crime: Benefit of $75,000 or more, or involves 5 or more victims

Identity theft cases often involve both state and federal charges, as these offenses frequently cross jurisdictional lines and implicate federal statutes.

Elevated Theft Charges

Certain circumstances elevate theft charges to third-degree crimes regardless of property value:

• The property is a firearm, vessel, boat, horse, domestic companion animal, or airplane
• The property is a controlled dangerous substance (one kilogram or less, value under $75,000)
• The theft occurred during a declared emergency
• The theft was committed in breach of fiduciary obligation (amounts under $50,000)
• The property consists of a New Jersey prescription blank
• The property consists of research materials, specimens, or data
• The property consists of anhydrous ammonia intended for methamphetamine production
• The property consists of a package delivered by a cargo carrier to a residence