Monmouth County Theft Defense Attorney

If you’re dealing with theft charges in New Jersey, you might be wondering what comes next and how serious the consequences could be. It is important to remember that a charge does not mean a conviction.

New Jersey prosecutors strongly pursue convictions that can result in jail time, fines, and permanent criminal records. Whether you are facing a disorderly persons offense or a more serious theft-related offense, you need an experienced defense attorney who understands both sides of the courtroom and knows how to build an aggressive defense strategy.

Attorney Kristen Epifania brings nearly a decade of criminal defense experience and insight into how the state builds its cases and the most effective ways to defend against theft-related charges. When you choose us, you won’t be handed off to an associate you have never met; Kristen will personally take care of your case, giving it her full attention. Contact us for a free consultation today.

Successful Track Record Defending Against Theft Charges

​​Shoplifting Charges Dismissed and Record Sealed Through Strategic Defense

Our client was arrested and charged with misdemeanor shoplifting after being stopped by store security upon leaving the premises with stolen goods in their possession. Although the items were found in the client’s possession and surveillance footage corroborated the allegations, the client’s case was successfully dismissed, and the record was sealed following strategic negotiations with the prosecution.

Grand Larceny Charges Reduced and No Prison Time

Our client was charged with felony-level identity theft and grand larceny after the prosecution alleged that the client stole $35,000 by impersonating the victim at their bank. Upon submitting a comprehensive mitigation packet for consideration by the prosecutor, the defense successfully secured a reduced plea to one lower level offense and avoided incarceration for the client.

Theft Cases We Can Help With

Theft crimes in New Jersey can range from minor to indictable offenses. Here are some of the theft charges we frequently handle:

Theft by Unlawful Taking (N.J.S.A. 2C:20-3)

A person is guilty of theft if they unlawfully take someone else’s property without their consent and with the intent to permanently deprive them of it.

Theft by Deception (N.J.S.A.2C:20‑4)

Theft by deception occurs when a person purposely obtains another person’s property by creating or reinforcing a false impression about a present or past fact, or by preventing the other person from acquiring information that would affect their judgment about a transaction, or by failing to correct a false impression which the deceiver previously created or reinforced or otherwise knows to be influencing another.

Theft by Extortion (N.J.S.A. 2C:20‑5)

A person may be accused of theft by extortion through a number of circumstances, some of which involve obtaining property through the following acts: threatening to inflict harm, accuse someone of an offense, expose a secret tending to subject a person to hatred, contempt, or ridicule, or take action to harm another’s health, safety, business, career, financial condition, reputation, or personal relationships. In New Jersey, theft by extortion is classified as a second-degree crime, regardless of the property value.

Receiving Stolen Property (N.J.S.A. 2C:20‑7)

Involves knowingly taking possession of property that has been stolen or knowing that it has been stolen from the rightful owner.

Theft of Services (N.J.S.A. 2C:20‑8)

Theft of services takes place when a person intentionally obtains services that they know are available only for compensation by deception, threat, false token, or other means to avoid payment for the service.

Theft Penalties in New Jersey

In New Jersey, the penalties for theft crimes are generally determined by the value of the property or services involved, regardless of the specific type of theft (with a few exceptions):

• Disorderly Persons Theft: Property or services valued at less than $200 are charged as a disorderly persons offense in New Jersey with penalties of up to 6 months in jail and a $1,000 fine.
• Fourth-Degree Theft: Property or services valued at $200–$500 with penalties of up to 18 months in prison and a $10,000 fine.
• Third-Degree Theft: Property or services valued at $500–$75,000, or theft of a motor vehicle or firearm, with penalties of 3–5 years in prison and a $150,000 fine.
• Second-Degree Theft: Property or services valued at $75,000 or more, theft by extortion, or theft of large specified amounts of controlled substances, with penalties of 5–10 years in prison and a $150,000 fine.

Related Theft Crimes

There are other theft-related crimes in New Jersey that we can help with:

Carjacking N.J.S.A. 2C:15-2

Carjacking involves taking a motor vehicle directly from the person or presence of another by force or intimidation. Carjacking is a first-degree crime in New Jersey, carrying a sentence of 10 to 30 years in prison, with 85% of the term required to be served before parole eligibility under the No Early Release Act.

Burglary N.J.S.A. 2C:18-2

Burglary involves entering or remaining in a structure without permission with the intent to commit an offense inside. Burglary involves entering or remaining in a structure without permission with the intent to commit an offense inside, regardless of whether the structure is occupied at the time. The penalties for burglary depend on whether the offender was armed or caused/threatened injury during the crime.

Robbery N.J.S.A. 2C:15-1

Robbery involves taking property directly from another person by force or threat of force.  Robbery is a crime of the second degree, however it can be charged as a crime of the first degree if in the course of committing the theft the actor attempts to kill anyone, or purposely inflicts or attempts to inflict serious bodily injury, or is armed with, or uses or threatens the immediate use of a deadly weapon.

Identity Theft N.J.S.A. 2C:21-17

Identity theft involves using another person’s personal identifying information without their consent for the purpose of obtaining a benefit for himself or another or to injure or defraud another. The penalties for identity theft depend on the amount of money involved in the crime.

Theft Crime Defenses

Facing theft charges can be stressful, but remember – you are innocent until proven guilty, and there are many potential defenses an experienced criminal defense lawyer can use in your case.

Lack of Intent to Commit Theft

Theft charges require the prosecution to prove that you intended to steal or permanently deprive someone of their property. If it can be proved that you didn’t have this intent, the charges against you may be reduced or dismissed.

Consent or Authorization

If the owner of the property gave you permission to take it, this can be a defense to theft charges. We will need evidence of this consent, such as a written agreement or witnesses.

Insufficient Evidence

The prosecution must prove beyond a reasonable doubt that you committed theft. If there is not enough evidence to meet this standard, the charges against you could be dismissed.

Constitutional Violations

If your constitutional rights were violated during the investigation or prosecution of your case, this could lead to a dismissal of the charges. For example, if the alleged stolen items were discovered as the result of an illegal search, a suppression motion should be filed to challenge the legality of the search and to ultimately have the evidence suppressed.

Contact us for a Free Consultation

At the Law Office of Kristen Epifania, we understand the serious consequences of criminal charges and how to effectively defend against them.

Kristen knows how the state builds its cases and the most effective ways to challenge their evidence and strategies.

Unlike other law firms where your case is handed off, Kristen will handle your case personally from start to finish. When you hire our firm, you can expect personalized attention, aggressive representation, and a commitment to achieving the best possible outcome in your case. Contact us for a free consultation.