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Charged with A Theft Offense in NJ? With Employee Theft We Can Help:

  • Eliminate Jail Time

  • Eliminate Probation

  • Eliminate Your Criminal Record
  • Over 12,000+ Satisfied Clients in NJ
  • All Crimes - All of NJ

When Your Freedom and Liberty is at stake a skilled New Jersey Theft Attorney may be the only thing separating you from being at home or in jail, The choice you make today is critical to your future.

Attorney H. Scott Aalsberg, Esq., P.C.

Attorney H. Scott Aalsberg has a 98%* Success Rate of Winning, Reducing or Eliminating the penalties you will face with a New Jersey Theft Charge. You have seen Attorney Aalsberg interviewed by both ABC News 20/20 and CBS News and he can help you. Call Now for a Free Consultation. The call is free the advise may be priceless!

New Jersey Employee Theft Defense Lawyer H. Scott Aalsberg, Esq.

Get the Best Defense for Theft & Embezzlement Charges in NJ

Have you been accused of stealing from your employer in New Jersey?

Whether the allegation involves missing cash, inventory shortages, payroll manipulation, or embezzlement, you could be facing serious criminal charges under the New Jersey Code of Criminal Justice. If the amount alleged to have been taken is over $500.00 you could spend years in Jail if your case is not defended properly.

But any conviction even for small amounts can still result in jail time, restitution, heavy fines, and a permanent criminal record that damages your future employment opportunities.

You need immediate legal protection. At the Law Office of Attorney H. Scott Aalsberg, Esq, we offer a free in office consultation for anyone charged with a theft defense and low cost options if your only think you will be charged so help is only a phone call away.

What Is Employee Theft in New Jersey?

Employee theft is typically charged under N.J.S.A. 2C:20-3 (Theft by Unlawful Taking) or related theft statutes. Prosecutors must prove that you:

  1. Took or controlled property belonging to your employer
  2. Did so without authorization
  3. Intended to permanently deprive the employer of it

The Most Common cases involve:

  • Cash register shortages
  • Accusations by loss prevention
  • Internal audit discrepancies
  • Embezzlement allegations
  • Unauthorized wire transfers
  • Misuse of company credit cards
  • Inventory or merchandise theft

Many employee theft cases are built on incomplete investigations, assumptions, or accounting errors.

Penalties for Employee Theft in NJ

The severity of the charge depends on the amount allegedly taken:

  • Under $200 – Disorderly Persons Offense (up to 6 months in jail)
  • $200 – $500 – Fourth-degree crime (up to 18 months in prison)
  • $500 – $75,000 – Third-degree crime (3–5 years in prison)
  • Over $75,000 – Second-degree crime (5–10 years in prison)

Additional consequences may include:

  • Restitution
  • Thousands of dollars in fines
  • Probation
  • Loss of professional licenses
  • Immigration consequences
  • Permanent criminal record
  • Community Service

Early legal intervention can dramatically change the outcome and mean you may face less of these penalties especially with Attorney H. Scott Aalsberg, Esq.'s 98% success rate to win, reduce or eliminate these penalties.

Not Charged Yet, But under Investigation? Do NOT Speak to Your Employer First.

Most employee theft cases begin with an internal investigation. You may be asked to:

  • Write a statement
  • Participate in an interview
  • Take a polygraph
  • Sign repayment agreements

Anything you say can later be used against you.

Before speaking to management, HR, corporate security, or law enforcement, contact our office the consultation fee starts at only $350.00 but it could save you tens or even hundreds of thousands of dollars in the long run

Strong Defense Strategies for Employee Theft Charges

Every case requires a tailored strategy. Potential defenses may include:

Lack of Intent : Mistakes, poor record-keeping, or misunderstandings are not crimes.

Insufficient Evidence : Employers often rely on circumstantial evidence.

Coerced Confessions : Loss prevention officers sometimes use aggressive tactics.

Accounting or System Errors : POS system mistakes and bookkeeping discrepancies are common.

Authorization or Consent : Some alleged “unauthorized” transactions were permitted.

Our firm conducts independent investigations, reviews financial documentation, and challenges improper interrogation methods

First-Time Offender? You May Qualify for a diversionary program if you amount stolen is low enough

Many first-time defendants in New Jersey may qualify for Pretrial Intervention (PTI), a diversion program that can result in dismissal of charges upon successful completion.

Protecting your record from a conviction is often possible — but timing matters and your attorney must pursue this option for you if it is in your best interests early on.

Frequently Asked Questions

New Jersey does not use the term “felony.” Instead, serious theft charges are called “indictable crimes.” If the amount exceeds $200, you may be facing an indictable offense.

Yes. Depending on the amount involved, prison exposure ranges from 6 months to 10 years.

Even if you gave a statement, defenses may still exist. Admissions can sometimes be challenged if they were coerced or improperly obtained.

Courts often order restitution if there is a conviction or plea agreement.

Take Immediate Action to Protect Your Future

An employee theft charge can cost you:

  • Your job
  • Your professional reputation
  • Future employment opportunities
  • Your freedom

Do not wait until formal charges are filed.

Call Now for a Confidential Consultation

If you have been arrested or are under investigation for employee theft in New Jersey, speak with a defense lawyer immediately.

Your future deserves protection.

NJ Theft Facts:

  • Theft is a very broad criminal charge in NJ and includes everything from stealing, robbery, shoplifting or even using another persons credit card.
  • Except for drug related crimes, theft is the 2nd most frequently charged crime in most states.
  • The best defense to a theft charge is to hire the best theft Lawyer.
  • Theft charges have many defenses but these defenses must be brought to the courts attention at the soonest possible time to insure the most successful defense. Thus, the sooner you hire one of our experienced NJ theft lawyers the more he can do to help you!

What is a Theft Charge in NJ:

Note : Theft may be both a State and Federal Crime (Ex. using someone else's credit or credit car or any theft occurring across state lines) and you can be prosecuted by both the state and federal authorities. Below is a discussion of NJ Theft Charges and the Degrees NJ Theft charges/offenses are categorized in four different degrees depending on the amount alleged to have been unlawfully taken as indicated below.

The 4 Grades of Theft Charges in NJ

New Jersey Theft Charge, Second Degree (2nd Degree) Crime

Sentence: Up to 10 years in prison. Ordinary Terms: Jail 7 to 10 years, Fines and Probation

A theft charge is a second degree crime if the value of the items are worth $75,000 or more or if:

  • The property is taken by extortion;
  • The property stolen is a controlled dangerous substance or controlled substance analog and the quantity is in excess of one kilogram;
  • 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
  • The property stolen is human remains or any part thereof.

New Jersey Theft Charge, Third Degree (3rd Degree) Crime

Sentence: Up to 5 years in Jail. Ordinary Terms: 3 to 5 years in Jail, Fines and Probation

A theft charge is a third degree crime if the value of the items are worth more than $500, but not more than $75,000 or if:

  • The property stolen is a firearm (gun, rifle, pistol), or a motor vehicle, vessel, boat, horse, domestic companion animal or airplane;
  • The property stolen is a controlled dangerous substance or controlled substance analog and the amount involved is less than $75,000.00 or is undetermined and the quantity is one kilogram or less;
  • It is in breach of an obligation by a person in his capacity as a fiduciary;
  • It is by threat not amounting to extortion;
  • 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;
  • 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;
  • 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;
  • The property stolen is a New Jersey Prescription Blank as referred to in; or
  • The property stolen consists of an access device or a defaced access device.
  • Improper Use of Credit Card also may be charged as a 4th Degree Offense see below.

New Jersey Theft Charge, 4th Degree Crime

Sentence: Up to 18 Months in Jail, Fines and Probation

Theft is a crime of the fourth degree if the value of the items are worth more than $200, but not more than $500 or if the theft is by means of a credit card in which case the crime could be a third degree crime depending on how charged by the police and prosecutor.

Examples of credit card theft include: having two or more credit cards in your possession that have names other than your own even if the cards are never used. Using a card that has someone else’s name on it , creating a false credit card, to use a credit card even though the account has been closed, or to sign a credit card when the signer is not the named person on the credit card. Credit card theft is a specific form of a theft crime that is unrelated to the "value" of the theft.

NJ Theft Charge (Municipal Court) Disorderly Persons Offense: Heard in Municipal Court

Attorney H. Scott Aalsberg, Esq., P.C.

Sentence: Up to 6 Months in Jail, Fine of up to $1000.00, Probation term to be determined by court.
A theft charge is classified as a disorderly persons charge under New Jersey law if the amount involved is under $200. However please note that this will be marked on the NCIC database as a criminal offense and as such employers are free to consider a person charged with a disorderly person offense a criminal. This is the most frequently issued theft charge as most theft crimes are for less than $200.00. Historically shoplifting was originally charged as theft until the legislature increased the penalties for shoplifting making shoplifting an offense with even more penalties than theft. (lawyers note: better to steal from a person than a store) In addition to a criminal record even a theft of $1.00 can still subject you to up to 180 days in jail, thus skilled legal representation is important to make sure you stay out of jail. Put Attorney H. Scott Aalsberg, Esq., 98%* Success Rate to Work for you in winning, reducing or eliminating the penalties of a theft offense.

Theft Charges in NJ Municipal Court Are:
The Most Commonly Charged Theft Offenses

Lawyers Note: Many NJ Theft charges are originally sent to Municipal Court and if the amount is over $200.00 then transferred to Superior Court as a Degree Theft Crime.

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Unbeatable Success: Over 12,000 cases won, reduced or downgraded since 1992
800-974-4487 to Setup a Free Consultation and Learn How To Win Your Theft Charge.

Why You Need a NJ Theft Defense Attorney Now — Even Before Charges Are Filed

Theft charges in New Jersey—other than shoplifting—are often handled differently than most criminal offenses. Police and prosecutors typically take their time, conducting detailed investigations before filing formal charges. Because of this, the first warning sign is rarely an arrest.

Instead, you may experience:

  • An employer asking questions
  • A request for internal records or interviews
  • A phone call from law enforcement asking you to “come in and talk”

If this happens, you may already be the subject of a theft investigation.

Why Are Theft Investigations Slow in New Jersey?

Under New Jersey law, prosecutors must prove every element of a theft offense, including intent, value of property, and unlawful control. Many theft cases—such as employee theft, fraud-based theft, or financial crimes—require extensive documentation, witness interviews, and financial analysis.

When police contact you, it often means:

  • They are missing a key element needed to file charges
  • They are unsure whether the evidence is strong enough
  • They are hoping to obtain an admission or statement to complete the case

Even a casual conversation with the police and investigator or your employer can provide the evidence needed to move forward with criminal charges.

Should You Speak to Police Before Theft Charges Are Filed?

No—not without an attorney. Speaking to law enforcement without legal representation can significantly increase your risk of being charged. Statements made early in an investigation are frequently used to justify:

  • Filing theft charges
  • Upgrading charges to higher-degree offenses
  • Increasing the alleged value of stolen property

A theft defense attorney can intervene early, communicate with investigators on your behalf, and protect you from making statements that could be used against you.

How a New Jersey Theft Defense Attorney Can Help Early On With Your Case:

With the Experience of handling over 12,000 cases across all of New Jersey Attorney Aalsberg understands exactly what the police and prosecutors need to charge and convict someone of a theft offense. But more importantly he knows how to win these cases.

With Early representation you may be able to:

  • Prevent charges from being filed altogether
  • Stop law enforcement contact or interviews
  • Result in downgraded or lesser charges
  • Protect your job, professional license, and reputation

In some cases, the most important legal work happens before a complaint or indictment is ever issued.

Serving Clients Throughout New Jersey

Our firm represents individuals facing theft investigations and charges in all New Jersey counties, including:

  • Bergen County
  • Essex County
  • Hudson County
  • Middlesex County
  • Morris County
  • Passaic County
  • Union County
  • Monmouth County
  • Somerset County

If you are under investigation anywhere in New Jersey, experience matters. Put Attorney Aalsberg's 98%* Success Rate to Work for you to Win, Reduce or Eliminate the penalties you may be facing. The sooner you call the more we can do to help you.

Don’t Wait Until You’re Charged

If you believe you may be involved in a theft investigation—or have been contacted by police or your employer—the earliest sign of trouble is the time to act.

Contact our office today at 1-800-9-RIGHTS for a confidential consultation.
That consultation starts as low as $350.00 but saves you tens or even hundreds of thousands later by helping you avoid charges entirely or significantly reduce the consequences if charges are filed.

Theft Charges in New Jersey – Frequently Asked Questions

Theft in New Jersey includes unlawfully taking or controlling someone else’s property with intent to deprive them of it. This can include employee theft, theft by deception, fraud, embezzlement, and other non-shoplifting offenses.

Yes. Many theft cases are filed weeks or months after an investigation begins. Police often build the case quietly before issuing a summons or warrant.

Police may contact you to gather missing evidence, clarify facts, or obtain a statement. Anything you say can be used to support criminal charges.

You should speak with a theft defense attorney before answering questions from your employer, especially if law enforcement is involved. Employer statements are often shared with police.

In some cases, yes. Early legal intervention can prevent charges, limit exposure, or result in reduced charges depending on the evidence and circumstances.

General Penalties for All Theft offenses is based on Value:

  • Under $200 – Disorderly persons offense Jail up to 180 days
  • $200–500 – 4th degree Jail up to 18 months
  • $500-75,000 - 3rd degree Jail 3 to 5 years
  • Over $75,000 – 2nd degree (5–10 years prison)

The Most common theft charges in NJ Are Listed Below:

We have listed below the most common theft charges in NJ. However you are not just limited to getting one charge. Many charges can be combined so you can have more than one charge. The Importance of Starting your Lawyer Representation Early can lead to reduced charges, reduced attorney fees and even a dismissal of your charges. In NJ all Theft Offenses carry severe penalties even for first time offenders and could subject you to jail time. Put Attorney H. Scott Aalsberg, Esq., 98%* Success rate to work for you and get the best defense for your theft offense. We handle all theft offenses including the ones listed below. Because a theft offense is a criminal offense in NJ, you need to speak privately with a lawyer in the lawyers office as all phone conversations today are subject to being recorded and monitored even by the government. Only an in office consultation assures you of that all important attorney client privilege. To protect you and to get the best result for your case, we only offer a free in office consultation if you are charged with a theft offense. The consultation is free but the results if you win or reduce your theft charge could be priceless and will last a lifetime!

Under N.J.S.A. 2C:20-3, theft by unlawful taking occurs when someone unlawfully takes or exercises control over another person’s movable or immovable property with the intent to permanently deprive the owner of it.

Key Elements:

  • Taking property without consent
  • Intent to permanently deprive the owner
  • Applies to physical property (money, vehicles, merchandise, etc.)

2C:20-3(b) applies when someone unlawfully transfers or exercises control over legal title or a partial interest in property (such as through forged deeds or fraudulent vehicle transfers).

Common Examples:

  • Forged property transfers
  • Fraudulent vehicle title transfers
  • Unauthorized sale of co-owned property

Charges and penalties are based on the value of the interest taken.

Theft by deception occurs when someone intentionally obtains property by lying, creating a false impression, or failing to correct a false belief.

Examples:

  • Investment scams
  • Contractor fraud
  • Check fraud
  • False business representations

Penalties are graded by the amount involved.

Extortion involves obtaining property through threats. This may include threats to:

  • Cause bodily harm
  • Accuse someone of a crime
  • Expose secrets
  • Damage property

This is often charged as a second-degree crime, carrying 5–10 years in prison.

If someone finds lost property or receives money by mistake and fails to return it when they know the owner can be identified, they may be charged under this statute 2C:20-6.

Example: Keeping a bank deposit that was mistakenly credited to your account.

A person commits the offense of receiving stolen property if they knowingly receive or possess property that has been stolen.

Important Element:

The prosecution must prove the defendant knew or believed the property was stolen.

Penalties depend on value and circumstances.

“Fencing” involves trafficking or dealing in stolen property as part of a business operation.
This offense often carries enhanced penalties, especially when conducted as an organized enterprise.

When someone purposely obtains services without payment its generally theft of services this is a similar offense to shoplifting but generally does not occur in a store.

Examples:

  • Skipping out on a restaurant bill
  • Utility theft
  • Cable or internet service theft
  • Fare evasion

Grading depends on the value of services obtained the same as theft by unlawful taking noted earlier

This applies when someone lawfully receives property but fails to deliver it as required thus they failed to make a promised disposition of property.

Common Examplse:

  • Escrow agent or Executor of an estate misusing funds
  • Contractor misappropriating client funds

This charge frequently arises in white-collar investigations.

Commonly referred to as “joyriding.”

This offense occurs when someone takes a vehicle without permission but without intent to permanently deprive the owner.

It is typically a third- or fourth-degree crime.

New Jersey shoplifting law covers more than just taking merchandise.

It includes:

  • Concealment
  • Altering price tags
  • Under-ringing
  • Transferring items between containers
  • Leaving store without paying

The most frequent theft crime with repeat offenses having mandatory jail time, Although even first time offenders can go to jail it is just not mandatory by law and will be decided by the judge.

This statute criminalizes the removal or concealment of books or library materials without authorization.

Though less common, it can still result in criminal charges and fines.

Operating a “chop shop” or facility used to dismantle stolen vehicles for parts is a serious felony offense, typically graded as a second-degree crime.

This statute enhances penalties when an adult uses a minor to commit auto theft.
Courts treat this as an aggravating factor, often leading to substantial prison exposure.

This charge targets individuals who organize or lead auto theft rings.
It carries severe penalties similar to racketeering offenses and may result in long-term imprisonment.

Computer theft involves unauthorized access, alteration, destruction, or theft of data, computer systems, or digital property

Examples:

  • Hacking
  • Data theft
  • Ransomware attacks
  • Corporate data breaches

Penalties vary depending on financial loss and scope of damage  See Elements in 2C20-25.

This section outlines what the State must prove to convict someone of computer theft, including:

  • Unauthorized access
  • Intentional alteration or destruction
  • Financial loss
  • Fraudulent purpose

These cases often involve forensic evidence and expert testimony.

This statute criminalizes possessing or distributing another person’s identifying information (such as Social Security numbers or financial data) for fraudulent purposes.

Includes:

  • Identity theft schemes
  • Credit card fraud operations
  • Dark web sales of personal data

Penalties increase based on the number of victims and financial loss.

How to Win a Theft Charge in NJ

Now that you have read our website its time to learn how to win. The best and easiest way to win your New Jersey Criminal Charge is to get the best lawyer. Attorney H. Scott Aalsberg, Esq., has been chosen by the National Academy of Criminal Defense Attorneys as one its Top Ten Lawyer, Selected by The National Trial Lawyers to be one of the Top 25 Trial Lawyers and is rated as a Top Criminal Lawyer with a perfect 10.0 score by AVVO lawyer rating website. Get the Best Theft Defense - Get Not Guilty 1-800-9-RIGHTS

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