Theft of Movable Property Charge Under N.J.S.A. 2C:20-3A

Client charged in Saddle Brook Township in Bergen County, New Jersey

Lawyer needed for a theft charge in Bergen County? Contact the Tormey Law Firm now for immediate assistance. Here is a theft of movable property case we successfully handled for a client in 2018 who was charged in Saddle Brook Twp.

Our client was a 21 year old man with no prior criminal history. He was working for the NJ turnpike authority as a toll collector and it is alleged that he stole approximately $1900 in rolled coins while working at the Bergen Toll Plaza. This is a third degree felony offense under N.J.S.A. 2C:20-3A, punishable by 3-5 years in NJ state prison if he is convicted in addition to a permanent felony charge on his record.

First, we were able to get the felony charge downgraded and remanded back to the Saddle Brook Municipal Court as a disorderly persons offense (misdemeanor). That was a big deal as the client was no longer facing years in prison and a permanent felony charge on his record. Instead, he was facing a maximum of six (6) months in the Bergen County jail and a misdemeanor charge on his record.

Then, we appeared in Saddle Brook Municipal court several times to obtain the evidence and speak to the prosecutor. We were able to negotiate another downgrade and our client plead guilty to a local ordinance violation which results in a fine only and no criminal record.

What Is Theft of Movable Property Under N.J.S.A. 2C:20-3A?

Under New Jersey law, theft of movable property is committed when a person unlawfully takes or exercises unlawful control over movable property belonging to another person, with the purpose to deprive that owner of it. “Movable property” is broadly defined under the NJ Criminal Code to include virtually any tangible object capable of being physically moved — from cash and merchandise to tools, equipment, and personal belongings.

This offense falls under New Jersey’s general theft statute, N.J.S.A. 2C:20-3A, which is part of the broader Chapter 20 framework governing theft and related offenses. It is important to understand that theft of movable property is a distinct charge from theft by deception, theft of services, shoplifting, and receiving stolen property — all of which are charged under separate subsections of the theft statute. The specific charge depends on the manner in which the alleged theft occurred.

How Is Theft of Movable Property Graded in New Jersey?

In New Jersey, theft offenses — including theft of movable property — are graded based on the dollar value of the property allegedly taken. The grading determines the degree of the charge and the potential sentence a defendant faces if convicted:

• Second degree indictable offense: Property valued at $75,000 or more — punishable by 5 to 10 years in New Jersey State Prison
• Third degree indictable offense: Property valued between $500 and $74,999 — punishable by 3 to 5 years in New Jersey State Prison
• Fourth degree indictable offense: Property valued between $200 and $499 — punishable by up to 18 months in New Jersey State Prison
• Disorderly persons offense: Property valued under $200 — punishable by up to 6 months in the county jail

In the Saddle Brook case described above, the alleged theft of approximately $1,900 in rolled coins placed the charge squarely in third degree indictable territory — a felony-level offense carrying up to five years in state prison. The ability to negotiate that charge down through two separate reductions — first to a disorderly persons offense, then to a local ordinance violation — illustrates how the outcome of a theft case can change dramatically with effective legal representation.

The Long-Term Consequences of a Theft Conviction in New Jersey

Beyond the immediate sentencing exposure, a conviction for theft of movable property carries lasting collateral consequences that can affect nearly every aspect of a person’s life. These include:

• Permanent criminal record: An indictable conviction remains on your record and will appear in background checks conducted by employers, landlords, and licensing boards
• Employment barriers: Many employers — particularly in government, finance, healthcare, and any field requiring bonding or security clearance — will not hire individuals with theft convictions
• Professional licensing consequences: Certain professional licenses in New Jersey can be denied, suspended, or revoked following a theft conviction
• Immigration consequences: For non-citizens, theft offenses are frequently classified as crimes involving moral turpitude (CIMT) under federal immigration law, which can result in serious consequences including deportability even for lawful permanent residents
• Loss of civil rights: A felony conviction can result in the loss of certain civil rights during incarceration, parole, or probation

These consequences underscore why a theft charge — even when the dollar amount seems modest — must be taken seriously from the outset. Anyone facing a theft accusation in Bergen County or elsewhere in New Jersey should understand that an allegation is not a conviction, and that the outcome of a case is not predetermined.

Exploring Possible Defenses to Theft of Movable Property Charges in New Jersey

Being charged with theft of movable property does not mean a conviction is certain. The prosecution bears the burden of proving every element of the offense beyond a reasonable doubt. As a former New Jersey prosecutor, Travis Tormey understands how the state builds its case — and where that case may be vulnerable. Depending on the specific facts, potential defenses may include:

• Lack of intent: Theft under N.J.S.A. 2C:20-3A requires purposeful conduct. If the accused did not act with the purpose to permanently deprive the owner of the property, the essential mental element of the crime may not be established
• Claim of right: A genuine belief — even if mistaken — that one owned or was entitled to the property in question can serve as a defense to a theft charge
• Insufficient evidence: Challenging the strength of the state’s evidence, including surveillance footage, witness testimony, documentary records, or chain of custody issues, may expose weaknesses in the prosecution’s case
• Constitutional violations: Evidence obtained through an unlawful search and seizure may be subject to suppression, potentially undermining the state’s ability to proceed
• Negotiated resolution: In many cases, a skilled defense attorney can negotiate a charge reduction, entry into a diversionary program, or a plea to a lesser offense that avoids a permanent criminal record — as was achieved in the Saddle Brook matter described above

Every case is different, and outcomes depend entirely on the specific facts and circumstances involved. What matters is that you have an attorney who knows how to evaluate the evidence, challenge the state’s case, and pursue every available avenue toward the best possible result.

How Bergen County Handles Indictable Theft Charges

Third degree and second degree theft charges in Bergen County are handled at the Bergen County Superior Court in Hackensack. The process typically begins with an arrest and complaint, followed by a grand jury proceeding (or waiver of indictment in certain circumstances), arraignment, pre-trial motions, potential plea negotiations, and ultimately trial if no resolution is reached.

The Bergen County Prosecutor’s Office is responsible for prosecuting all indictable offenses arising from municipalities throughout the county. By contrast, disorderly persons offenses and local ordinance violations are handled at the municipal court level — in whichever town the offense allegedly occurred. In the Saddle Brook case described above, one of the most significant achievements was securing the downgrade of the case from Bergen County Superior Court back to Saddle Brook Municipal Court. That single step eliminated the client’s felony exposure entirely, removing the threat of state prison and a permanent indictable conviction before any further negotiation even began.

Can a Theft Charge Be Expunged in New Jersey?

In some cases, depending on the final disposition and the defendant’s prior record, an expungement may be available after a waiting period. Under New Jersey’s expungement law, a municipal ordinance violation — the outcome achieved in the Saddle Brook case above — is generally eligible for expungement, and typically carries a shorter waiting period than an indictable conviction. This means the client may have a path to a completely clean record in the future.

Indictable convictions (felony-level offenses) are subject to longer waiting periods and more restrictive eligibility rules under New Jersey’s expungement statute. Disorderly persons convictions carry their own separate requirements. The specific eligibility and timing will depend on the nature of the disposition, any prior record, and applicable waiting periods. For more information on whether a prior theft charge may be eligible for expungement, visit our page on expungement of a municipal ordinance in NJ.

Frequently Asked Questions: Theft of Movable Property in New Jersey

What is theft of movable property under New Jersey law?

Theft of movable property under N.J.S.A. 2C:20-3A occurs when a person unlawfully takes or exercises control over tangible property belonging to another person with the intent to permanently deprive that person of it. The severity of the charge and the potential penalties depend on the dollar value of the property allegedly taken.

Is theft of movable property a felony in New Jersey?

It can be. When the value of the property allegedly taken is $500 or more, the charge is an indictable offense — New Jersey’s equivalent of a felony — prosecuted in Superior Court. Values between $200 and $499 result in a fourth degree indictable charge. Values under $200 are charged as a disorderly persons offense and handled in municipal court.

Can a theft charge be reduced or downgraded in New Jersey?

Yes. In many cases, through skilled negotiation with the prosecutor, a felony-level theft charge can be downgraded to a disorderly persons offense or even a local ordinance violation. As illustrated in the Saddle Brook case described on this page, a two-step reduction from a third degree indictable offense to an ordinance violation with a fine and no criminal record is achievable with effective legal representation.

What court handles indictable theft charges in Bergen County?

Third degree and second degree theft charges in Bergen County are prosecuted by the Bergen County Prosecutor’s Office and heard at Bergen County Superior Court in Hackensack. Disorderly persons offenses and municipal ordinance violations are handled at the local municipal court in the municipality where the offense allegedly took place.

How long does a theft conviction stay on your record in New Jersey?

A conviction remains on your record permanently unless and until it is expunged. New Jersey law provides a path to expungement for many types of dispositions, but specific waiting periods and eligibility requirements apply depending on the nature of the offense. A municipal ordinance violation — the result achieved in the case described above — may be expunged after a shorter waiting period than an indictable conviction, potentially allowing the defendant to clear their record in the future.

Arrested for a Theft Charge in Bergen County? Contact Us

This was a great result for our client and the Tormey Law Firm. Our client was originally facing a felony theft charge and ended up with a town ordinance violation, which results in a fine and no criminal record. If you or a loved one needs assistance with a theft offense charge in Bergen County, contact our offices anytime for a free initial consultation.