Grading of theft
offenses and penalties
2C:20-2. b.
(1)Theft constitutes a crime of the second
degree if:
(a)The amount involved is $75,000.00
or more;
(b)The property is taken by extortion;
(c)The property stolen is a controlled dangerous substance or controlled substance
analog as defined in N.J.S. 2C:35-2 and the quantity is in excess of one
kilogram;
(d)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 $75,000 or more; or
(e)The property stolen is human remains or any part thereof.
(2)Theft constitutes a crime of the third degree if:
(a)The amount involved exceeds $500.00 but is less than $75,000.00;
(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 $75,000.00 or is undetermined and the quantity is one kilogram or less;
(d)It is from the person of the victim;
(e)It is in breach of an obligation by a person in his capacity as a
fiduciary;
(f)It is by threat not amounting to extortion;
(g)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;
(h)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;
(i)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;
(j)The property stolen is a New Jersey Prescription Blank as referred to in
R.S. 45:14-14; or
(k)The property stolen consists of an access device or a defaced access
device.
(3)Theft constitutes a crime of the fourth
degree if the amount involved is at least $200.00 but does not exceed $500.00.
If the amount involved was less than $200.00 the offense constitutes a disorderly persons offense.
(4)The amount involved in a theft or computer criminal activity shall be
determined by the trier of fact. The amount shall include, but shall not be
limited to, the amount of any State tax avoided, evaded or otherwise unpaid,
improperly retained or disposed of. Amounts involved in thefts or computer
criminal activities committed pursuant to one scheme or course of conduct,
whether from the same person or several persons, may be aggregated in
determining the grade of the offense.
c. Claim of right. It is an affirmative defense to prosecution for theft
that the actor:
(1)Was unaware that the property or service was that of another;
(2)Acted under an honest claim of right to the property or service involved
or that he had a right to acquire or dispose of it as he did; or
(3)Took property exposed for sale, intending to purchase and pay for it
promptly, or reasonably believing that the owner, if present, would have
consented.
d. Theft from spouse. It is no defense that theft or
computer criminal activity was from or committed against the actor's spouse,
except that misappropriation of household and personal effects, or other
property normally accessible to both spouses, is theft or computer criminal
activity only if it occurs after the parties have ceased living together.
Criminal Indictable and Disorderly
Offense Penalties
Disorderly person
criminal offenses- ex Simple Assault, shoplifting & cases in Municipal
Court
Jail 2C: 43- 8 jail
6 month maximum
probation
1-2 year
community
service 180 days maximum
mandatory
costs, VCCB and other penalties
Disorderly- fines: 2C:
43- 3 $1,000 Fine maximum
There
are many other penalties that the court must impose in criminal cases. There are dozens of other penalties a court
can impose, depending on the type of matter.
Drug
offenses: in addition to above penalties, mandatory minimum $500 DEDR
penalty, mandatory lab fee and other court costs over $200, mandatory 6 month-
2 year loss of license, Probation, drug testing and other penalties. If
attorney's Conditional Discharge motion is granted for first time offender.
penalty can be reduced. In certain drug cases, the fine can be up to $75,000.
-Petty Disorderly
person - 30 days jail maximum
Petty DP $500 max Fine, VCCB and other
penalties
Indictable Criminal Penalties [Felony type] [ Superior Court]
Jail
potential Fine max Probation
1st
degree 10- 20 years $200,000 [presumption of jail]
2nd
degree 5-10 years $150,000 [presumption of jail]
3rd
degree 3- 5 years $15,000 1 year- 5 year
4th
degree 0- 18 months $10,000 1 year- 5 year
There
are many other penalties that the court must impose in criminal case. There are dozens of other penalties a court
can impose, depending on the type of matter. Read www.njlaws.com/jail_for_crimes_and_disorderly_conduct.html
If
you or a family member are charged with a criminal offense, you should retain
an experienced criminal attorney to argue to reduce the penalties!
Research by: KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053
Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
More information on Fines, jail and penalties on website: www.njlaws.com
[rev 11/13/15 Fines, Jail penalty criminal]
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