Theft & Burglary

Theft and burglary refer to a broad category of property crimes involving the unlawful taking of another person’s property or the unauthorized entry into a structure with intent to commit an offense. Under New Jersey law, theft offenses are codified in N.J.S.A. 2C:20-1 et seq. and burglary in N.J.S.A. 2C:18-2. The severity of these charges ranges from disorderly persons offenses for minor shoplifting to first-degree crimes for armed burglary, with penalties that can include years in state prison and a permanent criminal record.

New Jersey Theft Statutes

New Jersey’s theft statute (N.J.S.A. 2C:20-1 et seq.) consolidates what were historically separate offenses — larceny, embezzlement, fraud, extortion, and receiving stolen property — into a unified theft framework. The key theft offenses include:

• N.J.S.A. 2C:20-3 — Theft by Unlawful Taking: The most commonly charged theft offense. A person commits theft if they unlawfully take, or exercise unlawful control over, movable property of another with purpose to deprive the owner thereof.
• N.J.S.A. 2C:20-4 — Theft by Deception: Obtaining property by creating or reinforcing a false impression about a material fact, preventing another from acquiring information relevant to the transaction, or failing to correct a false impression previously created.
• N.J.S.A. 2C:20-5 — Theft by Extortion: Obtaining property by threatening to inflict bodily injury, commit a criminal offense, expose a secret, or take official action against another person.
• N.J.S.A. 2C:20-7 — Receiving Stolen Property: Knowingly receiving, retaining, or disposing of property of another knowing it has been stolen, or believing it has probably been stolen. A person who purchases property at a price far below its known value has grounds to believe it is stolen.
• N.J.S.A. 2C:20-7.1 — Fencing: Engaging in the business of buying and selling stolen property. This is a separate offense from receiving stolen property and is treated more seriously.
• N.J.S.A. 2C:20-9 — Theft of Services: Obtaining services by deception, threat, or other unlawful means, including absconding without payment from hotels, restaurants, or transportation providers.
• N.J.S.A. 2C:20-11 — Shoplifting: A specifically defined offense that includes purposely taking merchandise from a store without paying, concealing merchandise, altering price tags, transferring merchandise to different containers, and under-ringing at a register.

Grading of Theft Offenses by Value

New Jersey grades theft offenses primarily by the value of the property or services stolen:

• Second Degree (5–10 years, up to $150,000 fine): Amount involved is $75,000 or more; theft by extortion; or theft committed during a breach of an obligation by a person acting as a fiduciary.
• Third Degree (3–5 years, up to $15,000 fine): Amount is between $500 and $74,999; theft of a motor vehicle; theft of a controlled substance from a prescriber or pharmacy; theft from the person of another (pickpocketing).
• Fourth Degree (up to 18 months, up to $10,000 fine): Amount is between $200 and $499; shoplifting with a value between $200 and $500; theft of a firearm.
• Disorderly Persons Offense (up to 6 months, up to $1,000 fine): Amount is less than $200.

Shoplifting-specific penalties (N.J.S.A. 2C:20-11): In addition to the standard penalties, shoplifting convictions carry mandatory community service (at least 10 days for a second offense, at least 25 days for a third or subsequent offense). A third or subsequent shoplifting conviction carries a mandatory minimum of 90 days in county jail.

New Jersey Burglary Statutes

Burglary (N.J.S.A. 2C:18-2) in New Jersey is defined as entering or remaining surreptitiously in a research facility, structure, or separately secured portion thereof, with purpose to commit an offense therein. Importantly, burglary in New Jersey does not require the actual commission of a theft — the intent to commit any offense inside the structure is sufficient.

• Second-Degree Burglary (5–10 years): If the structure is a dwelling (any building adapted for overnight accommodation, whether occupied or not), the burglary is a second-degree crime. It is also graded as second degree if, during the burglary, the defendant purposely, knowingly, or recklessly inflicts or threatens bodily injury, or is armed with a deadly weapon or explosive.
• Third-Degree Burglary (3–5 years): Burglary of a non-dwelling structure without aggravating factors.

Related offenses include:

• N.J.S.A. 2C:18-3 — Criminal Trespass: Entering or remaining in any structure without permission. Fourth-degree crime if a dwelling; disorderly persons offense for other structures or for defiant trespass on posted or fenced property.
• N.J.S.A. 2C:18-4 — Possession of Burglar’s Tools: Possessing tools or implements adapted or designed for use in committing theft, with purpose to use them for burglary. A third-degree crime.

Common Scenarios Leading to Theft and Burglary Charges

• Retail shoplifting: The most common theft offense in New Jersey. Modern loss prevention techniques include video surveillance, electronic article surveillance (EAS) tags, and plainclothes store detectives. A first-offense shoplifting charge for merchandise under $200 is a disorderly persons offense, but repeat offenses carry escalating mandatory penalties including jail time.
• Employee theft and embezzlement: Employees who divert company funds, steal inventory, manipulate financial records, or misuse company credit cards face theft charges graded by the total amount taken. Employers often conduct internal investigations before referring the matter to law enforcement, meaning there may be a substantial evidentiary record by the time charges are filed.
• Residential burglary: Entering a home to commit theft or another crime. These cases frequently rely on forensic evidence (fingerprints, DNA, shoeprint analysis), surveillance camera footage from neighboring properties, cell phone location data, and possession of stolen items. Residential burglary is always a second-degree crime.
• Motor vehicle theft and joyriding: Theft of a motor vehicle is a third-degree crime regardless of the vehicle’s value. Joyriding — taking a vehicle without intent to permanently deprive the owner — may be charged as unauthorized use of a vehicle, which is a fourth-degree crime.

Defense Strategies for Theft and Burglary Charges

• Lack of intent: Theft requires proof that the defendant acted “with purpose to deprive” the owner of the property. Burglary requires proof of “purpose to commit an offense therein.” The absence of criminal intent is a complete defense. A person who mistakenly takes property believing it to be their own, or who enters a structure without intent to commit a crime, has not committed these offenses.
• Claim of right: Under N.J.S.A. 2C:20-2(c)(2), it is an affirmative defense to theft that the actor honestly believed they had the right to the property, even if that belief was mistaken. For example, a person who takes property in a genuine belief that it belongs to them or that they have authorization to use it may assert this defense.
• Challenging value calculations: Because the grading of theft offenses depends on the value of the property, challenging the State’s valuation can reduce the degree of the charge. The defense may argue that the State has overstated the fair market value of the property, included items that were not actually stolen, or aggregated separate incidents that should be charged individually.
• Insufficient evidence of entry or presence: Burglary charges require proof that the defendant entered or remained in the structure. When the State relies on circumstantial evidence such as fingerprints, DNA, or proximity, the defense may argue that the evidence is consistent with innocent presence or prior lawful access.
• Constitutional challenges to evidence: Evidence obtained through unlawful searches of the defendant’s person, vehicle, or residence may be subject to suppression. Confessions obtained without proper Miranda warnings or through coercive interrogation techniques are also subject to challenge.

Diversionary Programs for Theft Offenses

New Jersey offers several alternatives to traditional prosecution for eligible theft offenders:

• Pre-Trial Intervention (PTI): First-time offenders charged with third or fourth-degree theft offenses may be eligible for PTI under N.J.S.A. 2C:43-12. Successful completion of the supervisory period (typically 1–3 years) results in dismissal of the charges. The decision to admit a defendant to PTI requires prosecutor consent, though the court retains the power to override a rejection under certain circumstances.
• Conditional Discharge: For disorderly persons offenses (theft under $200, first-offense shoplifting under $200), eligible defendants may receive a conditional discharge that results in dismissal upon completion of the supervisory term.
• Municipal Court diversion: Some municipal courts offer diversion programs for minor theft and shoplifting offenses that may include community service, restitution, and educational programs in exchange for charge dismissal.

The Legal Process for Theft and Burglary Cases

• Arrest and charging: Depending on the degree of the offense, the defendant may be arrested on the scene (common in shoplifting cases), arrested after an investigation based on a warrant, or issued a summons to appear in court.
• Complaint and indictment: Disorderly persons offenses proceed directly to Municipal Court on a complaint. Indictable offenses (fourth degree and above) are presented to a grand jury in Superior Court for indictment.
• Pretrial proceedings: Under the Criminal Justice Reform Act, pretrial release decisions are based on a risk assessment rather than monetary bail. The defense reviews discovery including surveillance footage, witness statements, forensic evidence, and inventory records.
• Restitution: In theft cases, the court typically orders restitution as part of any sentence, requiring the defendant to repay the victim for the value of stolen property not recovered. Restitution may also be a condition of PTI or plea agreements.
• Trial or plea resolution: Cases may be resolved through plea agreements (potentially involving charge reductions, diversionary program admission, or sentencing recommendations) or proceed to trial in Municipal Court (for disorderly persons offenses) or before a jury in Superior Court (for indictable offenses).

Why Choose Spodek Law Group

Theft and burglary charges, even at the lower degrees, can create permanent criminal records that affect employment, housing, and professional licensing for the rest of your life. Spodek Law Group fights aggressively to protect our clients’ futures, whether that means challenging the State’s evidence at trial, negotiating admission to diversionary programs, or securing reductions in charges and sentences. We examine every piece of evidence, identify every viable defense, and advocate relentlessly on your behalf. Contact us for a free consultation — available 24/7.