Theft crimes vary in nature and severity, with penalties corresponding to the value of the stolen item and the gravity of the offense. To safeguard yourself and your future, it’s vital to understand the legal definitions and criteria that can lead to a theft conviction. If you are uncertain whether you can be charged with theft even if you planned to return the property, please continue reading and contact a skilled Bergen County Criminal Defense Attorney today.
How is Theft Defined in New Jersey?
Under New Jersey law, theft is broadly defined as:
- The unlawful taking or control of another person’s movable property with the intent to deprive them of it.
- The unlawful transfer of any interest in another person’s immovable property to benefit oneself or another person who is not entitled to it.
The standard definition is enshrined in N.J.S.A. 2C:20-3. The state recognizes various types of theft, including auto theft, theft by deception, theft by extortion, and computer criminal activity. The penalties for theft vary significantly depending on the value of the property stolen and the defendant’s prior criminal record. Theft offenses can range from disorderly persons offenses to a first-degree indictable offense, carrying potential penalties such as imprisonment, fines, probation, restitution, and community service.
Can You Be Charged With Theft if You Intended to Return the Property?
Theft requires the specific intent to deprive the owner of their property permanently. The prosecution is responsible for proving beyond a reasonable doubt that you intended to keep the property permanently, not just use it temporarily. Even if you didn’t intend to permanently deprive the owner of their property, you could still face criminal charges for unauthorized use if you used the property without their consent.
Can Lack of Intent Be Used as a Defense?
While the intent to return stolen property doesn’t absolve you of theft charges, it can be a strong defense and influence sentencing. Intent is crucial in theft cases; demonstrating a lack of intent to permanently deprive the owner can significantly impact the outcome by negating the intent to steal. Even if you are convicted of taking illegal possession, proving genuine intent or considerable effort to return the property may lead to a reduced sentence.
As you can see, theft charges are serious, and the state imposes harsh penalties. If you are facing theft charges in New Jersey, it’s in your best interest to consult with an experienced criminal defense attorney from The Law Office of Carl Spector, who can evaluate your case, safeguard your rights, and develop a strong defense strategy.