What is theft in criminal law?

Theft refers to the taking of the personal property of another person with the intention of denying that person the use of that property. Also known as larceny. It can be divided into grand theft and petty theft.

How do you win a theft case?

A common defense against a theft charge is to argue you didn't have the mental intent required to be found guilty. It is possible, however, that you took the goods, but you didn't have the fraudulent intention to commit theft. An example of theft with no intent is when you walk out of a shop with an item that you didn't pay for.

How serious are theft charges?

It is a serious offense to be charged with theft. You can be charged with a class one misdemeanor if the item stolen is less than $1000 and could be sentenced to up to 12 months in prison. Grand larceny is a Class U felony that can lead to up to 20 years in jail. If the item stolen is worth more than $1000, it is considered a Class U felony. A Class U felony is a charge of larceny with intent to sell. The maximum sentence is 20 years.

How do you prove theft?

The prosecution must present evidence and witness testimony to prove that the accused was the perpetrator of the crime. If there are no witnesses, surveillance footage, or fingerprints to prove the identity of the accused, these elements might be difficult to present in court. It may be possible, however, if there are other factors, such as no alibi or the person possessing multiple burglary tools, a history of theft, and burglary crimes.

Is theft a felony in New Jersey?

The state must prove that the item stolen is worth more than $200 to be charged with felony theft in NJ. A fourth-degree felony theft charge will be filed if you take an item valued at $201. This could lead to up to 18 months in prison and a $10,000 fine. Theft charges will be filed against you if you take something between $500 and $75,000, which can lead to a third-degree crime that could result in 3-5 years in prison.

Is the Degree of Theft Always Based on How Much Was Stolen?

Sometimes the theft offense charged is not affected by the value of an item. This means that the item's value will not be used to determine the theft offense's grade. Credit card theft, for example, is a third- or fourth-degree crime, regardless of how much the card's actual value is. A third-degree felony for stealing prescriptions is also possible.

Can you go to jail for shoplifting in New Jersey?

Shoplifting in New Jersey comes with a penalty based on the item's value. A shoplifting offense is one where the item's value is less than $200. This charge carries a maximum $1,000 fine and can result in up to six months in prison.

Can you expunge theft convictions in New Jersey?

Shoplifting and theft can both be expunged in New Jersey. The $200 threshold is used for theft cases. Shoplifting is a crime that is less than $200 and is classified as a disorderly person offense. It may be reduced to a lesser offense called a municipal ordinance violation in some cases. The penalty could include a fine or probation.

What is petty theft in New Jersey?

For it to be considered as petty theft, the item must be worth less than $200. A higher value will result in an indictable offense with harsher penalties and prison time.

How can I contact Lustberg Law Offices?

If you need the help of a New Jersey criminal defense attorney, you can call us at (201) 880-5311. You can also send us an email at adam@lustberglaw.com. Another way to contact us is by filling up the contact form on our website at https://www.lustberglaw.com/contact-us/

Experienced New Jersey Theft Defense Lawyer - Lustberg Law Offices

Taking something from another party without permission or consent is, at its most general, referred to as theft. Typically, the severity of theft charges is dependent on the value of the items that have been stolen, beginning with petty theft and ultimately working up to grand theft through a series of degrees. Beyond determining whether or not theft charges will be filed as a first through fourth degree, there are many other factors that will go into the court’s decisions on things like the penalties for a conviction and the impact that these changes will have on the defendant’s life.

If you have been charged with a criminal offense of theft of any sort in Hackensack or anywhere else in New Jersey, contact Lustberg Law Offices, LLC as soon as possible in order to schedule a free initial consultation. Criminal defense attorney Adam M. Lustberg and our team of NJ theft defense lawyers may be able to help you with your criminal case.

As your criminal defense team, we will be able to go through every detail of your criminal case and ultimately identify a few different paths that may be used for your defense. When you are facing an aggressive prosecuting attorney in New Jersey courts, working with an experienced and equally aggressive defense attorney is one of the most important steps for you to take.

Read more below to learn more about theft crimes in New Jersey, and contact us as soon as possible for your free initial consultation. Our team of theft lawyers at Lustberg Law Offices will be able to discuss the specifics of your charges and the possible consequences that you face for a conviction and help you understand how our experience can be such a significant help to your case.

Call us today at (201) 880-5311 to schedule a free consultation with an attorney at Lustberg Law Offices for your New Jersey criminal defense.

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NJ Theft Defense Attorney Adam M. Lustberg Gives Examples of Theft Crimes in New Jersey

As you can imagine by the general definition of “theft,” there are many different situations that can warrant a theft charge in New Jersey. The following examples are just a few common situations that result in theft charges. The next section will explain how these crimes are charged to a certain degree.

Petty Theft

Petty theft in New Jersey is typically a misdemeanor but is filed as a “disorderly person’s offense” and is applied in situations where the value of the goods stolen is minor. This can be something like stealing money from a tip jar, pocket cash from someone’s home, or other goods of low value. When the value of the goods or money that you stole, or were caught attempting to steal, amounts to less than $500, you will likely be charged with petty theft.

Shoplifting

Shoplifting is another example of petty theft in New Jersey, although there are situations where a shoplifting charge could be elevated to a higher degree if the value of the goods stolen adds up to enough. You can be charged with shoplifting in New Jersey even if you are caught in the act of attempting to steal something, by being caught concealing merchandise in a store or tampering with price tags.

Auto Theft

Taking someone’s car without permission in New Jersey is the basis for an auto theft charge, but there are further distinctions that specify the actual charges. Carjacking occurs when the owner of the vehicle is in the “immediate presence” of the automobile, and the perpetrator takes the vehicle by force or threat of force. Grand theft auto is when a car is taken from someone else without permission, but the owner is not around to be threatened or harmed. Stealing a car that is idling in a parking lot is grand theft, but forcing someone out of their car and stealing it is carjacking.

Robbery

In New Jersey, robbery is the act of taking something that someone else owns or possesses through either violence or the threat of violence. This could be, for example, threatening someone with a knife and taking money from them that they have just withdrawn from an ATM, or forcing a cashier to hand over the money in their till. Armed robbery charges in New Jersey are applied when the person uses a weapon such as a knife or a gun during the act.

Extortion

New Jersey’s extortion statute, N.J.S.A. 2C:20-5, states that “A person is guilty of theft by extortion if he purposely and unlawfully obtained property of another by extortion. A person extorts if he purposely threatens to:

Inflict bodily injury on or physically confine or restrain anyone or commit any other criminal offense;
Accuse anyone of an offense or cause charges of an offense to be instituted against any person;
Expose or publicize any secret or any asserted fact, whether true or false, tending to subject any person to hatred, contempt, or ridicule, or to impair his credit or business repute;
Take or withhold action as an official, or cause an official to take or withhold action;
Bring about or continue a strike, boycott, or other collective action, if the property is not demanded or received for the benefit of the group in whose interest the actor purports to act;
Testify or provide information or withhold testimony or information with respect to another’s legal claim or defense;
Inflict any other harm which would not substantially benefit the actor but which is calculated to materially harm another person;
As you can see from this statute, there are a variety of ways that someone can commit and be accused of extortion in the state of New Jersey;

Facing a theft charge can make a huge impact on someone’s life. It may seem like a minor charge, however, a theft charge can actually carry serious consequences. This is why it’s very important to seek the help of a defense lawyer who can help you navigate the complexities of the legal system.

At Lustberg Law Offices, LLC, attorney Adam M. Lustberg and our team of theft defense attorneys may be able to help create a solid criminal defense for you.

Contact us today at (201) 880-5311 to schedule a free consultation with our NJ criminal defense attorneys.

Committed to providing clients with individual attention and crafting personalized defense strategies based on the facts of the case.

Different Types of Theft in New Jersey

New Jersey law defines theft as the unlawful taking or control of property owned by another person with an intent to seize it or deprive its owner. Theft may involve movable or fixed property or services.

New Jersey Law defines various types of theft as:

Theft by deception – Creating or strengthening a false impression to prevent another person from getting information that would influence their judgment of a transaction or correcting an impression already created or reinforced.

Theft by Extortion – Threatening to inflict injuries, accusing another person of charges, exposing a secret to subject a person to contempt or ridicule, or using other methods to cause harm and take the property of someone.

Theft of property that is lost or delivered by mistake – Taking control of property that has been knowingly lost or delivered by mistake.

Receiving Stolen Property – Knowingly receiving stolen property or property the offender has reason to believe is stolen.

Criminal lawyer Adam M. Lustberg and our team of New Jersey theft attorneys may be able to help you create a solid criminal defense strategy for your case. Our lawyers may be able to help protect your rights and your freedom.

Contact our law office today at (201) 880-5311 to schedule a free consultation for your criminal case in NJ.

New Jersey Theft Defense Attorney Adam M. Lustberg Explains the Degrees of Theft Charges

New Jersey does not adhere to the distinction of a “misdemeanor” or a “felony” charge when pertaining to theft charges. Instead, there are a series of degrees that are applied depending on specific factors of the case.

Value Totalling Less than $200

This is called a disorderly person’s offense, which can come with penalties of up to $1,000 in fines and up to 6 months in jail.

Value Totalling Between $200 and $500

This is a fourth-degree offense, which carries up to an 18-month sentence and $10,000 in fines.

Value Totalling Between $500 and $75,000

This is known as a third-degree offense and has possible penalties of up to 5 years in prison and $15,000 in fines.

Value Totalling More than $75,000

The theft of goods with over $75,000 in value is a second-degree offense and comes with up to 10 years in prison and $150,000 in fines.

We have years of experience in courts through NJ and NY and a proven track record of success in criminal cases.

Committed to providing clients with individual attention and crafting personalized defense strategies based on the facts of the case.

Challenging a Theft Charge in New Jersey

Once your lawyer has studied the facts surrounding your arrest, they will look into what the prosecution team must prove in order to convict you. Some of the defenses your lawyer may use include the following:

Insufficient evidence

For you to be charged with theft, the state must prove that you either stole something or intended to steal. You cannot be prosecuted if the state cannot clearly identify who stole the items. If there is no credible eyewitness or clear footage from the camera, it is possible that your attorney can successfully defend you from the charge.

Permission to the owner

The state must prove who the owner of the property being alleged stolen is, and the property’s value. They must also be able to establish that the accused has deprived another person of their property without permission. There is no theft if the person has permission. If you didn’t intend to take something (e.g., you took someone else’s stuff by mistake or were distracted while walking out of a shop with items unpaid for), or if the item belonged to you, then there may not have been an intent to steal.

Mistaken Belief

If you were under the influence of alcohol or drugs at the time you allegedly stole something, it is possible to show that you were misguided because of your intoxication. A person accused of stealing can also return the items and use that to support the defense that they only borrowed the items.

Duress or Entrapment

Your attorney may also raise duress or entrapment as a defense. An example is when someone is made to steal under threat of their own life or the lives of their family members. Your attorney may argue that you were forced to do so. Another example could be an undercover officer who might approach you at the shop and tell you that your daughters stole clothing. And the officer tells you that they won’t report your family members unless you agree to take the blame for them.

If you are facing theft charges, it is important to seek the help of an experienced NJ criminal defense lawyer right away. A skilled New Jersey attorney may be able to help you create a solid criminal defense strategy that may help you receive a more favorable income. Lustberg Law Office’s team of NJ criminal attorneys may be able to assist you.

Call our law office today at (201) 880-5311 to schedule a consultation.

Expunging Theft Convictions

Expungements can only be granted for certain lesser crimes. For more serious crimes like criminal homicide, sexual assault, kidnapping, or robbery expungement is not possible.

It is important to note that the severity of any crime can impact the penalties. New Jersey doesn’t use the terms “felony”, “misdemeanor”, or both. Instead, these crimes can be classified as “indictable offenses” or “disorderly person offenses.” For cases of theft, the cutoff between the two levels of offenses is $200. Shoplifting and theft are both eligible for expungement in New Jersey.

The crime of shoplifting falls under the $200 amount and is considered to be a disorderly person offense. Sometimes, the offense may be reduced to a municipal ordinance violation. In this case, the accused could face a fine and/or probation.

If the value of the property in question goes over $200, then it is considered theft which is an indictable offense. While it is possible to be prosecuted for theft, first-time offenders can be offered a pretrial intervention or PTI. This is a diversionary program that substitutes community service or probation for a traditional trial, sentencing, or incarceration. It also reduces the waiting time before expungement proceedings can take place.

At Lustberg Law Office, our team of experienced lawyers is ready to assist you if you are looking to have your theft conviction expunged. Our services include providing assistance for those who are looking to go through the process of expungement. To schedule a free consultation regarding your criminal case, contact our law office today.

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Experienced NJ Theft Lawyers Helping You Fight Theft Charges at Lustberg Law Offices, LLC

The sooner you contact our firm, the more time we will have to build a comprehensive criminal defense case for you. It is important that your case is represented by a qualified and aggressive defense attorney who is experienced as an NJ theft crime lawyer and can help you navigate the complexities of the New Jersey court system.

Call our law office today at (201) 880-5311 to schedule a free consultation with our defense attorneys.

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