A theft charge in New Jersey can range from a disorderly persons offense carrying a few hundred dollars in fines to a second degree indictable crime that carries up to ten years in state prison. The difference often comes down to the dollar value of what was allegedly taken — and the specific circumstances involved. Here’s what you need to know if you or someone you know is facing theft charges in New Jersey.
How New Jersey Classifies Theft Charges
New Jersey’s theft laws are consolidated under N.J.S.A. 2C:20-1 through 2C:20-34. Rather than separate statutes for every type of theft, the law groups them by the value of the property or services involved:
- Less than $200: Disorderly persons offense — up to 6 months in jail, fines up to $1,000
- $200–$499.99: Fourth degree crime — up to 18 months in prison, fines up to $10,000
- $500–$74,999.99: Third degree crime — 3–5 years in prison, fines up to $15,000
- $75,000 or more: Second degree crime — 5–10 years in prison, fines up to $150,000
There are exceptions. Motor vehicle theft is always at least a third degree crime regardless of value. Theft of a firearm is also elevated regardless of value. And theft from a person (like pickpocketing) is automatically a third degree crime even if the amount is under $500.
Common Types of Theft Charges in New Jersey
Shoplifting (N.J.S.A. 2C:20-11) is one of the most frequently charged theft offenses in New Jersey. Shoplifting doesn’t just mean taking merchandise — it also includes concealing items, altering price tags, transferring items to different containers, or under-ringing at a self-checkout. The grading follows the same value thresholds above. Repeat convictions carry mandatory minimum jail time: 10 days for a second offense, 90 days for a third.
Theft by deception (N.J.S.A. 2C:20-4) covers situations where someone obtains property through false impressions, misrepresentation, or fraud — including scams, bad checks written with knowledge of insufficient funds, and contractor fraud where payment is taken but work is never completed.
Theft by unlawful taking (N.J.S.A. 2C:20-3) is what most people think of as traditional theft — taking movable property with intent to permanently deprive the owner of it.
Theft of services (N.J.S.A. 2C:20-8) applies to situations like leaving without paying for a meal, diverting utility services, or obtaining labor or professional services under false pretenses.
Receiving stolen property (N.J.S.A. 2C:20-7) can be charged even when a person didn’t steal anything themselves. If you knowingly receive or possess property that you know or reasonably should know was stolen, you can be charged just as seriously as the person who took it.
Can Theft Charges Be Resolved Without a Conviction?
In many cases, yes — particularly for first-time offenders. New Jersey offers several paths that can lead to a dismissal of charges:
- Pre-Trial Intervention (PTI): Available in Superior Court for first-time offenders facing indictable (felony-level) theft charges. Successful completion leads to dismissal. Learn more about PTI in New Jersey.
- Conditional Dismissal: Available in municipal court for first-time disorderly persons offenders, including lower-level shoplifting. Charges are dismissed after completing a probationary period.
- Negotiated plea to a downgraded charge: An experienced attorney may be able to negotiate a lesser offense that avoids the most serious consequences.
Whether any of these options are available depends on your prior record, the specific charges, and the circumstances of the case.
Why a Theft Conviction Has Consequences Beyond the Courtroom
Theft is considered a crime of moral turpitude, which means a conviction can follow you in ways that go far beyond fines and jail time. A theft conviction on your record can affect:
- Employment — many employers conduct background checks, and theft charges are red flags
- Professional licenses — nursing, teaching, financial services, and other licensed professions often treat theft convictions as grounds for denial or revocation
- Immigration status — non-citizens may face serious immigration consequences
- Future criminal charges — a prior theft record affects sentencing if you’re ever charged again
This is why how a theft case is resolved — not just whether you’re convicted — matters enormously.
Jenna Casper Bloom is a criminal defense attorney based in Flemington, NJ, who handles theft and shoplifting charges throughout Hunterdon County, Somerset County, Morris County, Warren County, and Mercer County. If you’re facing a theft charge, contact Casper Bloom Law for a free, confidential consultation.
