Theft Grading in New Jersey in New Jersey

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

What the law says

Conduct denominated theft or computer criminal activity in this chapter constitutes a single offense, although each episode or transaction may be prosecuted and result in a separate conviction. A theft or computer criminal activity charge may be supported by evidence that it was committed in any manner that constitutes that offense under the chapter, even if the indictment or accusation specifies a different manner.

Depending on how it's graded, this offense is either an indictable crime, prosecuted in the Superior Court in the county where it happened, or a disorderly persons offense heard in municipal court. Indictable charges go through grand jury review. Prosecutors sometimes downgrade them to municipal court.

What the State must prove

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

• The conduct constitutes theft or computer criminal activity under this chapter; this section does not set out the underlying conduct elements of those offenses.
• For the applicable grading provision, the amount involved or the specified property, manner, relationship, or other circumstance is established.
• The trier of fact determines the amount involved in a theft or computer criminal activity.

How the charge is graded

• Theft constitutes a crime of the second degree if: (a) the amount involved is $75,000 or more; (b) the property is taken by extortion; (c) the property stolen is a controlled dangerous substance or controlled substance analog as defined in N.J.S.2C:35-2 and the quantity is in excess of one kilogram; (d) 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; (e) the property stolen is human remains or any part thereof, except that, if the human remains are stolen by deception or falsification of a document by which a gift of all or part of a human body may be made pursuant to P.L.2008, c.50 (C.26:6-77 et al.), the theft constitutes a crime of the first degree; or (f) it is in breach of an obligation by a person in his capacity as a fiduciary and the amount involved is $50,000 or more.
• Theft constitutes a crime of the third degree if: (a) the amount involved exceeds $500 but is less than $75,000; (b) the property stolen is a firearm, vessel, boat, horse, domestic companion animal or airplane; (c) the property stolen is a controlled dangerous substance or controlled substance analog as defined in N.J.S.2C:35-2 and the amount involved is less than $75,000 or is undetermined and the quantity is one kilogram or less; (d) it is from the person of the victim; (e) it is in breach of an obligation by a person in his capacity as a fiduciary and the amount involved is less than $50,000; (f) it is by threat not amounting to extortion; (g) 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; (h) 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; (i) 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; (j) the property stolen is a New Jersey Prescription Blank as referred to in R.S.45:14-14; (k) the property stolen consists of an access device or a defaced access device; (l) the property stolen consists of anhydrous ammonia and the actor intends it to be used to manufacture methamphetamine; or (m) the property stolen consists of a package delivered to a residential property by a cargo carrier and the amount involved is less than $75,000 or is undetermined.
• Theft constitutes a crime of the fourth degree if the amount involved is at least $200 but does not exceed $500.
• Theft constitutes a disorderly persons offense if: (a) the amount involved was less than $200; or (b) the property stolen is an electronic vehicle identification system transponder.

General sentencing ranges

Unless a statute sets a different penalty, New Jersey's general sentencing laws (N.J.S.A. 2C:43-6, 2C:43-8, and 2C:43-3) set these maximums:

Other rules that can matter

• A charge of theft or computer criminal activity may be supported by evidence that it was committed in any manner that would be theft or computer criminal activity under this chapter, notwithstanding the specification of a different manner in the indictment or accusation. If the conduct of the defense would be prejudiced by lack of fair notice or by surprise, the court may ensure a fair trial by granting a bill of particulars, discovery, a continuance, or other appropriate relief.
• Each episode or transaction may be the subject of a separate prosecution and conviction.
• The amount involved shall include, but shall not be limited to, the amount of any State tax avoided, evaded or otherwise unpaid, improperly retained or disposed of.
• Amounts involved in thefts, thefts of motor vehicles, or computer criminal activities committed pursuant to one scheme or course of conduct, whether from the same person or several persons, may be aggregated in determining the grade of the offense.
• It is an affirmative defense to prosecution for theft that the actor: (1) was unaware that the property or service was that of another; (2) acted under an honest claim of right to the property or service involved or that he had a right to acquire or dispose of it as he did; or (3) took property exposed for sale, intending to purchase and pay for it promptly, or reasonably believing that the owner, if present, would have consented.
• It is no defense that theft or computer criminal activity was from or committed against the actor's spouse, except that misappropriation of household and personal effects, or other property normally accessible to both spouses, is theft or computer criminal activity only if it occurs after the parties have ceased living together.

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 Grading in New Jersey charge.

Related charges

• Burglary →
• Criminal Trespass →
• Arson →
• Criminal Mischief →
• Theft by Unlawful Taking →
• 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.