When facing a theft charge in New Jersey, understanding whether it qualifies as a felony (indictable offense) is paramount, as this distinction determines the potential severity of consequences. An indictable theft offense carries harsh penalties, including state prison time, a permanent criminal record, and a severe negative impact on professional licensing, employment, and immigration status. The classification of a theft offense hinges on the stolen property’s value and type, as well as the method of the crime. Please continue reading as we explain when theft transitions from a lower-level disorderly persons offense to a more serious indictable crime. For guidance and skilled representation, it is in your best interest to connect with an experienced Bergen County Criminal Defense Attorney.
When Does a Theft Offense Become a Felony in New Jersey?
First and foremost, it is important to understand that, unlike other states, New Jersey does not use the words “misdemeanor” and “felony” in its criminal code. Instead, it divides offenses into disorderly persons offenses and indictable crimes. The state categorizes theft offenses into different crime levels, primarily determined by the value of property stolen, through specific circumstances can elevate the severity. New Jersey’s theft grading statute is as follows:
- Value of stolen property is under $200: This is a disorderly persons offense, the least severe theft offense.
- Value of stolen property is $200 to $500: This is a fourth-degree crime, the lowest felony level offense.
- Value of stolen property is more than $500 up to $75,000: This is a third-degree crime, a serious felony.
- Value of stolen property is $75,000 or more: This is a second-degree crime, which includes theft by extortion or other specific serious scenarios.
Beyond monetary value, the theft of certain items can raise the charge to a third-degree crime, regardless of the monetary value. Examples of items that trigger this higher grading include firearms, motor vehicles, and packages stolen after delivery to a residence.
What Are the Penalties of Felony-Level Theft?
The consequences for felony-level theft offenses in New Jersey are severe and increase substantially based on the degree of the crime. Penalties ranging from a maximum of eighteen months behind bars and a $10,000 fine for a fourth-degree offense, to three to five years behind bars and up to 1 $15,000 fine for a third-degree offense, and peaking at five ot ten years behind bars and a $150,000 fine for a second-degree offense.
In addition to incarceration and hefty fines, New Jersey courts have the discretion to impose restitution, probation, community service, and various other stipulations. Beyond the immediate sentence, a felony theft conviction can profoundly impact your ability to secure employment, professional licenses, or housing. As such,
Given the potential penalties of a felony-theft conviction in New Jersey, it is in your best interest to consult an attorney at The Law Offices of Carl Spector. Our legal team is prepared to help you fight for the best possible outcome. Contact our firm today to explore all potential defense avenues.