In a general sense, theft is when one party takes or exercises control over another party’s property. The key element here is that the one party must have intended to deprive the other party of rights over or access to their property. Even though an act of theft loosely follows this sequence of events, extenuating circumstances may make it more or less severe of a crime. With that being said, please read on to discover the different theft offenses observed by New Jersey law and how one of the seasoned Bergen County criminal defense attorneys at McNerney & McAuliffe can help you evade the one pinned against you.
What are the differing theft offenses in New Jersey?
The most common theft-related offenses observed and penalized by New Jersey criminal law read as follows:
- Shoplifting: intentionally stealing/avoiding payment for merchandise at an establishment.
- Theft by deception: intentionally misleading/deceiving someone to obtain their property.
- Theft by extortion: intentionally threatening/coercing someone to obtain their property.
- Receiving stolen property: intentionally receiving or possessing property you know is not yours.
- Identity theft: intentionally using someone else’s personal information for fraudulent activities.
By definition, some of these offenses may objectively appear more severe than others. But even still, each one may range from a disorderly persons offense to a second-degree indictable offense. When determining how to change you for your crimes, the New Jersey criminal court may look at the value of the property you were found guilty of taking. Namely, anything worth $200 or less may constitute a disorderly persons offense, and $75,000 or more a second-degree crime.
What types of theft are considered violent crimes?
We did mention that theft offenses can be charged as high as a second-degree indictable offense. However, there are extreme circumstances in which it may be upgraded further to a first-degree indictable offense. This applies particularly if this criminal offense was committed in conjunction with a certain violent crime. Specifically, a violent crime involves the threat or use of force against another party. Without further ado, below are theft-related offenses that may be considered violent:
- Robbery: stealing from someone else while threatening or using force against them.
- Carjacking: stealing a vehicle from someone else while threatening or using force.
- Aggravated robbery: stealing from someone else while using a weapon and seriously injuring them.
No matter which first-degree theft crime you are accused of, you may be up against a prison sentence of anywhere between 10 to 20 years, along with a fine of up to $200,000. At the very least, you should attempt to present a legal defense that reduces this charge to a second-degree indictable offense or even less. To conclude, to give yourself enough time to develop a solid case, please contact one of the competent Bergen County criminal defense attorneys from McNerney & McAuliffe as soon as possible. We look forward to hearing from you.