Theft

Theft is defined by New Jersey law as the act of unlawfully taking or exercising control over someone else’s movable property with the intent to deprive the owner of access to the property. The unlawful takeover of interest or access to immovable property by one person from another is also classified as theft under New Jersey Law. New Jersey law also has provisions for theft by deception and by extortion.

In New Jersey, theft is charged depending on the value of the property or services stolen, and each charge carries different penalties.

• Disorderly Persons Offense: Theft of property or services valued at less than $200 falls under this category. Although not technically categorized as a felony, it is similar to a misdemeanor in other jurisdictions and can result in up to 6 months in jail and fines.

• Fourth-Degree Theft: This applies when the value of stolen property or services is at least $200 but less than $500. Conviction may lead to up to 18 months in state prison.

• Third-Degree Theft: Theft becomes a third-degree offense when the value is between $500 and $75,000. This degree can carry a sentence of 3 to 5 years in state prison.

• Second-Degree Theft: The most serious theft offense, second-degree theft involves property or services valued at over $75,000. This can result in 5 to 10 years in state prison and significant fines.

Robbery

Robbery Pursuant to New Jersey law (NJ Rev Stat § 2C:15-1 (2013)), a person is guilty of robbery if, in the course of committing a theft, he or she:

• Inflicts bodily injury or uses force upon another; or

• Threatens another with or purposely puts him in fear of immediate bodily injury; or

• Commits or threatens immediately to commit any crime of the first or second degree.

An act shall be deemed to be included in the phrase “in the course of committing a theft” if it occurs in an attempt to commit theft or in immediate flight after the attempt or commission.

In a nutshell, robbery is a theft, in which force or the threat of force is used to commit the theft. Physical force, no matter how minor, can elevate a theft to a robbery. Threats are defined as the implication of harm and enough to warrant a robbery charge. This includes verbal threats, gestures, or any other action that implies harm.

Difference between First and Second-Degree Robbery

Second Degree Robbery

Robberies are second degree felonies that can result in a sentence of 5 to 10 years in prison, while a first-degree robbery charge can lead to a prison term of 10 to 20 years. The state also employs the No Early Release Act (NERA) for second and first-degree robbery offenses, which requires that a person serve 85% of their sentence before becoming eligible for parole.

First Degree Robbery

A Robbery escalates to the first degree if the person committing the robbery attempts to kill, anyone, or purposely attempts to inflict serious bodily injury or is armed with, uses, or threaten the immediate use of a deadly weapon. The use of a deadly weapon elevates a robbery charge, the armed robbery.

The sentencing guidelines for a first-degree offense include:

• A term of imprisonment ranging from 10 to 20 years;

• Under the No Early Release Act (NERA), the convicted individual must serve 85% of the sentence before becoming eligible for parole;

• A fine that can reach up to $200,000

Theft and Robbery charges are very complex charges, especially, when it comes to Robbery. The harsh penalties warrant retaining a lawyer who understands the law when it comes to assessing your case and building a strong defense. Contact the Law Offices of Ravi Shah, LLC. for a free consultation. Our legal team will diligently work with you to prepare quality legal strategies to get you the best possible outcome. Contact us today.