New Jersey law categorizes theft offenses by severity, with penalties ranging from fines to years in prison. Understanding the distinctions is critical to building a strong defense.
Shoplifting (NJSA 2C:20-11)
Shoplifting charges depend on the value of the allegedly stolen merchandise:
- Disorderly Persons Offense (Under $200): Fines up to $1,000 and up to 6 months in jail.
- Fourth-Degree Crime ($200–$500): 18 months incarceration and fines.
- Third-Degree Crime (Over $500): 3–5 years in prison.
Even first-time offenders face harsh consequences, including a permanent criminal record that impacts employment and housing.
Burglary (NJSA 2C:18-2)
Burglary involves unlawfully entering a structure with intent to commit a crime. Charges escalate based on circumstances:
- Third Degree: No weapon, no injury (3–5 years prison).
- Second Degree: Weapon used or assault occurs (5–10 years prison).
Middlesex County prosecutors aggressively pursue burglary cases, but intent and evidence gaps can be challenged.
Robbery vs. Theft: Key Differences
Robbery (a second-degree crime) involves theft with force or threat of force—penalties are far steeper than standard theft charges.
Proven Defense Strategies to Reduce Penalties
At Fetky & Petty, we tailor defenses to the unique details of your case. Common strategies include:
- Challenging Intent: Proving you had no intention to steal (e.g., absent-mindedness in shoplifting cases).
- Mistaken Identity: Disputing surveillance footage or eyewitness reliability.
- Illegal Search: Suppressing evidence obtained without a warrant or probable cause.
- Plea Negotiations: Securing reduced charges (e.g., downgrading a felony to a misdemeanor) to avoid jail time.
For burglary cases, we scrutinize whether the prosecution can prove you entered a structure with the intent to commit a crime—a high legal burden.
Why Hire a New Brunswick Criminal Defense Attorney?
Theft cases hinge on nuanced facts and local legal precedents. Our team’s Middlesex County court experience ensures we know how judges, prosecutors, and law enforcement approach these charges. We fight to:
- Protect your constitutional rights during interrogations and searches.
- Negotiate alternatives to incarceration, such as PTI (Pre-Trial Intervention).
- Secure expungements where possible to clear your record long-term.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice.