Theft by Unlawful Taking in New Jersey

N.J.S.A. 2C:20-3 · Theft, Burglary & Property Offenses

What the law says

A person commits theft by unlawfully taking or exercising unlawful control over another person’s movable property with the purpose of depriving that person of it. A person also commits theft by unlawfully transferring an interest in another person’s immovable property to benefit themselves or someone else who is not entitled to it.

Where this case is heard depends on how it's charged. We'll review your complaint and explain exactly which court you're in and what you face.

What the State must prove

To convict, the prosecutor must prove each element beyond a reasonable doubt. Under N.J.S.A. 2C:20-3, that means:

• The defendant unlawfully took, or exercised unlawful control over, movable property of another.
• The defendant acted with the purpose of depriving the other person of the movable property.
• The defendant unlawfully transferred an interest in immovable property of another.
• The defendant acted with the purpose of benefiting themselves or another person not entitled to the interest.

How the charge is graded

Theft offenses are graded by the value involved and other factors under N.J.S.A. 2C:20-2. See theft grading in New Jersey.

Common defense strategies

Every case turns on its facts, but defenses we often explore include:

• Lack of intent to deprive the owner, or a good-faith claim of right
• Disputing the value used to grade the offense
• Identification problems and gaps in surveillance video
• Restitution and diversion as paths to avoid a conviction

What to do right now

1. Don't discuss the facts with police, the alleged victim, or anyone on a jail phone or social media.
2. Write down everything you remember, including names, times, and locations.
3. Keep every document you received, such as the complaint, summons, and release conditions.
4. Follow all release and no-contact conditions exactly.
5. Call a New Jersey criminal defense lawyer before your first court date.

How we help

Edward G. Appel has defended New Jersey clients since 1988 in municipal and Superior Courts in all 21 counties. We review the discovery, look for weaknesses in the State's case, file motions where they're warranted, and push for dismissals, downgrades, or diversion before you face a trial. Call 856-856-2373 for a free, confidential consultation about your Theft by Unlawful Taking charge.

Related charges

• Burglary →
• Criminal Trespass →
• Arson →
• Criminal Mischief →
• Theft Grading in New Jersey →
• Receiving Stolen Property →
• Theft of Services →
• Shoplifting →

Disclaimer: This page is general information about New Jersey law, not legal advice, and doesn't create an attorney-client relationship. Prior results don't guarantee a similar outcome.