2C:20-3a Theft Movable property.
a. Movable property. A person is guilty of theft if he unlawfully takes, or exercises unlawful control over, movable property of another with purpose to deprive him thereof.
b. Immovable property. A person is guilty of theft if he unlawfully transfers any interest in immovable property of another with purpose to benefit himself or another not entitled thereto.
Disorderly person criminal offenses- ex Simple Assault, shoplifting
& cases in Municipal Court
a. Movable property. A person is guilty of theft if he unlawfully takes, or exercises unlawful control over, movable property of another with purpose to deprive him thereof.
b. Immovable property. A person is guilty of theft if he unlawfully transfers any interest in immovable property of another with purpose to benefit himself or another not entitled thereto.
2C:20-2. b. Grading of theft offenses.
(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
(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.
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