If you have been charged with a theft crime in New Jersey, it will be categorized based on the value of the stolen property and the specific circumstances of the crime. There are two main types of theft crimes, misdemeanor disorderly persons offenses and felony indictable offenses. Theft crimes can include everything from shoplifting and burglary to identity theft and credit card fraud. The type of theft crime that has been committed as well as the amount that has been taken will be key determining factors in whether the crime will be considered a misdemeanor or a felony. Other things that will play a part will be whether a weapon was involved, whether this was a first-time offense and more. If you are charged with theft in New Jersey, it is always advised you speak with an experienced criminal defense attorney about the best way to proceed.
What Amount Constitutes a Felony Theft Crime in New Jersey?
In New Jersey, theft becomes a felony when the value of the stolen property exceeds a certain amount of money. There are different levels of theft felonies, from 4th Degree to 1st Degree, which are based on the amount of money or value of the goods taken, with 4th-Degree being the least severe and 1st Degree being the most severe. The level of felony you are charged with will also determine the associated penalties.
- Fourth-Degree Theft Felony – This occurs when the value of the stolen property is between $200 and $500. The penalties for a fourth-degree theft conviction can include up to 18 months in prison and fines up to $10,000.
- Third-Degree Theft Felony – This next classification of theft felony has quite a large spread in the amount the stolen property can be valued at, between $500 and $75,000. If you are convicted of third-degree theft, it can result in 3 to 5 years in prison and fines of up to $15,000.
- Second-Degree Theft Felony – When the value of the stolen property is more than $75,000, then the crime is classified as a second-degree theft felony. Penalties for second-degree theft can include 5 to 10 years in prison and fines up to $150,000.
- First-Degree Theft – This type of felony is rarer than the other three types of theft felonies but can occur under certain circumstances. To be a first-degree felony, the crime must include other aggravating factors such as extortion. This degree of theft felony can carry penalties of 10 to 20 years in prison and substantial fines.
On top of the penalties mentioned above, it is common that the person convicted of theft will be required to pay some sort of restitution to the victim of the crime as well.
Credit Card Theft and Fraud
One common type of theft crime that occurs is credit card theft or fraud. These are serious offenses in New Jersey, and they can be prosecuted under various statutes depending on the specifics of the crime. Credit card-related offenses are often treated as felony crimes, even if a lesser amount of money has been taken because of the potential for significant financial harm. Credit card crimes typically break into two categories, credit card theft and credit card fraud. They carry similar penalties but are seen as two different offenses in the eyes of the law.
- Credit Card Theft – Credit card theft involves taking someone else’s credit card that you do not have consent to use, whether that be a friend, family member, or stranger, with the intent to spend money on it fraudulently. If the stolen credit card is used to make unauthorized purchases, then the value of these purchases will determine the degree of the theft charges. Even if you don’t end up spending money on the stolen card but are in possession of it, with intent to use it, you can be prosecuted.
- Credit Card Fraud – Very similar to credit card theft, credit card fraud involves fraudulently using a credit card to obtain goods by pretending to be the owner of the card, but it can also include different aspects such as opening a new bank or credit accounts using the stolen credit card to do so, as well as other elements that would be considered identity theft.
Both credit card theft and credit card fraud are considered second, third, or fourth-degree felony crimes with the penalties being the same as that of other theft crimes. Although, credit card fraud cases often involve additional charges, such as identity theft or forgery, which can further increase the severity of the penalties. Depending on the circumstances of the case, credit card theft and fraud can also be prosecuted under federal law, leading to potentially harsher sentences if the crime crosses state lines or involves federal jurisdictions. If you are charged with this crime, it is imperative that you speak with a credit card fraud lawyer near you as soon as possible.
In New Jersey, theft becomes a felony based on the value of the stolen property, and that can be with a value of as little as $200. Credit card theft and fraud are particularly serious, because of the potential financial harm they can put their victims in, and as such are typically charged as felony crimes, rather than misdemeanors, even if the stolen card was never used. If facing theft charges of any kind, it is essential to seek legal counsel to help you fight the charges and craft an effective defense.
