The act of theft is defined as the unlawful taking of property, whether it be physical items such as money or a car, or a another individual's identity and personal information. Theft in the state of New Jersey, like many other crimes, is a graded crime that varies according to the severity of the circumstances and the resulting damages. At a maximum, it can be charged as a second degree crime, and yet it may also be charged as a disorderly persons offense. For theft to be regarded as a second degree crime, the property taken must a) exceed $75,000 b) the property is taken by extortion c) the property taken is a controlled substance greater than one kilogram d) the property stolen consists of an individual's benefits under Federal or State law, or from any other source, which the Department of Human Services or an agency acting on its behalf has budgeted for the person's health care and the amount involved is $75,000.00 or more e) the property stolen is human remains or any part thereof; except that, if the human remains are stolen by deception or falsification of a document by which a gift of all or part of a human body may be made pursuant to P.L.2008, c.50 (C.26:6-77 et al.), the theft constitutes a crime of the first degree.
Theft can be charged in the third degree if the property taken a) exceeds $500 but is no more than $75,000 b) the property stolen is a firearm, motor vehicle, vessel, boat, horse, domestic companion animal or airplane, c) the property stolen is a controlled dangerous substance or controlled substance analog as defined in N.J.S.2C:35-2 and the amount involved is less than $75,000 or is undetermined and the quantity is one kilogram or less, d) it is in breach of an obligation by a person in his capacity as a fiduciary, e) it is by threat not amounting to extortion, f) it is of a public record, writing or instrument kept, filed or deposited according to law with or in the keeping of any public office or public servant, g) the property stolen is a person's benefits under federal or State law, or from any other source, which the Department of Human Services or an agency acting on its behalf has budgeted for the person's health care and the amount involved is less than $75,000, h) the property stolen is any real or personal property related to, necessary for, or derived from research, regardless of value, including, but not limited to, any sample, specimens and components thereof, research subject, including any warm-blooded or cold-blooded animals being used for research or intended for use in research, supplies, records, data or test results, prototypes or equipment, as well as any proprietary information or other type of information related to research, i) the property stolen is a New Jersey Prescription Blank j) The property stolen consists of an access device or a defaced access device, k) the property stolen consists of anhydrous ammonia and the actor intends it to be used to manufacture methamphetamine.
Theft of the fourth degree constitutes the amount of money amounting to less than $500 but no less than $200. Theft is considered a disorderly persons should the property taken amounts to less than $200 or the property stolen is an electronic vehicle identification system transponder.
Theft is considered a very serious crime and if you or a loved one has been charged, you will need an expert attorney to help guide you through the legal system. Anthony Macri has the experience necessary, with a career as a New Jersey attorney spanning over 3o years. Macri has fought hard for the admiration of his colleagues, employing a proactive approach to representing all of his clients. As he describes, "aggression has its own value." Macri demands the respect of his adversaries. As an independent attorney, Macri has the ability to connect with each of his clients on a personal level, offering expert legal representation, counseling and guidance. For an ally in the courtroom, contact him today at 973-538-6200.