Theft is a serious crime in New Jersey that can result in significant penalties. The distinction between misdemeanor and felony is important, especially when it comes to theft charges. Understanding how New Jersey law handles and penalizes these cases is crucial in protecting your legal rights and exploring all of your options. Continue reading for more information and work with a knowledgeable Mercer County theft lawyer to schedule your free case evaluation today.
What is a Felony?
New Jersey does not use the terms “misdemeanor” and “felony” to describe the severity of criminal charges. Instead, the state refers to these offenses as disorderly persons offenses and indictable crimes, respectively.
Indictable offenses are serious crimes categorized into first, second, third, and fourth degree. These charges are more serious than misdemeanors or disorderly persons offenses. They may involve violence, higher valued property, or other aggravating circumstances, and result in harsher penalties.
When Does Theft Become a Felony in NJ?
There are several theft statutes recognized in New Jersey, including theft by unlawful taking or disposition, theft by deception, theft by extortion, theft of services, and shoplifting. Any of these crimes can be charged as either disorderly persons offenses or indictable crimes, depending on the specific details of the situation.
Theft generally becomes a felony (indictable crime) once the value of the property involved exceeds $200. Theft of property or services under $200 is typically considered a misdemeanor-level offense, but $200 to $500 is a fourth-degree crime, $500 to $75,000 is a third-degree crime, and greater than $75,000 is a second-degree crime.
Regardless of the value of the property involved, some aggravating factors can automatically enhance any theft charge to felony level. Consider the following:
- Theft of a motor vehicle
- Theft of a firearm
- Theft of property from another individual’s person
- Theft of a controlled substance
- Theft of a particularly vulnerable victim
What Are the Consequences of Felony Theft in NJ?
The penalties for a theft conviction can be severe. If you are facing charges, it is imperative that you understand the potential penalties you will incur. Consider the following.
- Fourth-degree theft: Up to 18 months in prison and fines up to $10,000
- Third-degree theft: 3 to 5 years in prison and fines up to $15,000
- Second-degree theft: 5 to 10 years in prison and fines up to $150,000
Courts can impose additional consequences depending on the specific details of the offense, most notably restitution for victims.
Any theft conviction, but especially for an indictable crime, can have long-lasting effects on your life. It’s crucial that you take these charges seriously and secure experienced legal representation. Contact an attorney at the Law Office of Douglas Herring today to discuss your situation with a skilled professional.
