New Jersey Theft Lawyer — What Are Your Defense Options?
Theft charges in New Jersey, governed by N.J. Stat. § 2C:20-2, range from disorderly persons offenses to indictable crimes with severe penalties. A New Jersey theft lawyer from Law Offices Of SRIS, P.C. provides a strategic defense against larceny, shoplifting, and other property crime allegations. Our firm has extensive experience handling New Jersey courts to protect your rights and future.
New Jersey Theft Law and Penalties
Theft in New Jersey is defined under N.J. Stat. § 2C:20-2 as the unlawful taking or exercise of control over movable property of another with the purpose to deprive the owner thereof. The severity of the charge depends on the value of the property involved and the circumstances of the alleged act.
Last verified: April 2026 | New Jersey Superior Court | New Jersey Legislature
Founded in 1997 by former prosecutor Mr. Sris, our firm brings a deep understanding of both sides of the courtroom to every case. This background is critical when building a defense against theft allegations.
Official Legal Resources
For the official statute, refer to N.J. Stat. § 2C:20-2 (official New Jersey Legislature). For court procedures, visit the New Jersey Courts website.
Strategic Defense for Theft Charges in New Jersey
In New Jersey, prosecutors often pursue theft charges aggressively, especially in retail theft cases. An experienced theft attorney knows that early intervention can be key. Many cases hinge on proving the defendant’s intent to permanently deprive the owner, which can be challenged.
- Case Assessment: Immediately review the police report and complaint-summons for factual inaccuracies regarding the value of the property or the description of events.
- Evidence Review: Secure and examine any available surveillance footage, witness statements, and receipts that may contradict the prosecution’s narrative.
- Motion Practice: File appropriate pre-trial motions to suppress evidence obtained unlawfully or to dismiss the complaint if the state lacks probable cause.
- Negotiation Strategy: Engage with the prosecutor to seek a reduction to a lesser non-theft offense, such as a municipal ordinance violation, or entry into a diversionary program.
- Trial Preparation: If a favorable disposition cannot be reached, prepare a vigorous defense for trial, focusing on lack of intent, mistaken identity, or ownership disputes.
In New Jersey, theft can be charged as a disorderly persons offense with up to 6 months in jail or as an indictable crime (felony) with years of imprisonment, depending on the property’s value and other factors.
| Offense Level (By Value) | Classification | Incarceration | Fine |
|---|---|---|---|
| Under $200 | Disorderly Persons Offense | Up to 6 months | Up to $1,000 |
| $200 – $500 | 4th Degree Crime | Up to 18 months | Up to $10,000 |
| $500 – $75,000 | 3rd Degree Crime | 3-5 years | Up to $15,000 |
| Over $75,000 | 2nd Degree Crime | 5-10 years | Up to $150,000 |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Theft Defense
Law Offices Of SRIS, P.C. was founded in 1997. With over 120 years of combined attorney experience and more than 4,739 case results firm-wide, we have a documented history of advocating for clients. Our firm-wide favorable outcome rate is over 93%.
Our Approach to Theft Cases
Our firm has successfully defended numerous clients against theft and related charges in New Jersey. We focus on challenging the prosecution’s evidence, particularly the proof of intent and valuation.
Results may vary. Prior results do not aim for a similar outcome.
Contact a New Jersey Theft Lawyer Near You
Our New Jersey location serves clients across the state. If you are facing theft, larceny, or shoplifting charges, immediate action is crucial. A skilled property crime lawyer can begin building your defense from the first consultation.
Law Offices Of SRIS, P.C.
44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (609)-983-0003 | Local: (732) 651-3900
By appointment only.
We offer 24/7 phone consultations at (888) 437-7747. Meetings are held by appointment only at our Tinton Falls location.
Frequently Asked Questions
Is shoplifting a felony in New Jersey?
It depends. Shoplifting is graded based on the full retail value of the merchandise. Under $200 is a disorderly persons offense. Over $200 can be an indictable crime (felony), with penalties increasing with the value.
Can a theft charge be expunged in NJ?
Yes, in many cases. Most disorderly persons theft convictions are eligible for expungement after 5 years. Indictable theft crimes may be eligible after 6 years, depending on your criminal history and the specific statute.
What is the difference between theft and robbery?
Theft involves taking property without force. Robbery, under N.J. Stat. § 2C:15-1, is theft accomplished by using force or putting someone in fear during the act. Robbery is always an indictable crime with more severe penalties.
Should I talk to the police if I’m accused of theft?
No. You have the right to remain silent. Politely decline to answer questions and request to speak with a New Jersey theft lawyer. Anything you say can be used to establish intent, a key element of the crime.
What are common defenses to a theft charge?
Common defenses include lack of intent to steal (claim of right or mistake), mistaken identity, insufficient evidence of value, unlawful search and seizure, or ownership disputes. A larceny defense lawyer can identify the best strategy for your case.
For more information, see our pages on New Jersey Criminal Defense or Shrinkage Theft Defense. For related legal help, consider a New Jersey Fraud Lawyer.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.