The state of New Jersey carries a broad definition of theft that covers a wide range of offenses, from unlawful taking and shoplifting to extortion and identity theft, and everything in between. Well, the criminal court may analyze the circumstances that contributed to your alleged offense and prosecute you for either a disorderly persons offense or an indictable crime, which other states commonly refer to as a misdemeanor or felony, respectively. Without further ado, please continue reading to learn when your supposed theft becomes an indictable offense and how an experienced Morris County theft lawyer at Macri Law Firm can fight to reduce it to a disorderly persons offense or dismiss the charge entirely.
When does theft become an indictable offense in the state of New Jersey?
Typically, the type of theft charge you receive may depend on the value of the property you prosecution proves beyond a reasonable doubt that you have stolen. To reiterate, your theft may be treated as a disorderly persons offense, but this is only if the stolen property was worth $200 or less. Otherwise, your criminal case may be passed on to the county superior court. Here, you may be tried for any one of the following indictable offenses:
- A fourth-degree indictable offense: the value of the stolen property was between $200 and $500.
- Punishable by up to 18 months in a state prison and fines of up to $10,000.
- A third-degree indictable offense: the value of the stolen property was between $500 and $75,000.
- Punishable by three to five years in a state prison and fines of up to $15,000.
- A second-degree indictable offense: the value of the stolen property was $75,000 or more.
- Punishable by five to 10 years in a state prison and fines of up to $150,000.
What are certain types of theft that are automatically indictable?
Besides the value of the stolen property, certain types of stolen property may make your theft automatically indictable. For example, the theft of a motor vehicle, firearm, or credit card is almost always charged as a third-degree indictable offense. But, say the stolen motor vehicle is determined to be worth more than $75,000, it may be upgraded to a second-degree crime. Overall, this is because the theft of these property types may be viewed as a threat to public safety.
In another example, theft involving extortion or a breach of fiduciary duty is typically classified as a second-degree indictable offense. Extortion is punished seriously because it entails aggravated factors like taking property from another party through threats or coercion. This is while a breach of fiduciary duty is usually the result of intentional misconduct, like embezzlement or fraud. Specifically, it is deemed seriously wrong if you misappropriate entrusted funds or public property from a government entity or nonprofit organization.
So, if you are ready to get on with your criminal defense strategy, there is no need to wait any longer to hire a skilled Morris County, New Jersey criminal defense lawyer. Reach out to our law firm, Macri Law Firm, at your earliest possible convenience.