2C:20-2. b. Grading of theft offenses.

  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;

(d)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

(e)The property stolen is human remains or any part thereof.

(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.

(4)The amount involved in a theft or computer criminal activity shall be determined by the trier of fact. The amount shall include, but shall not be limited to, the amount of any State tax avoided, evaded or otherwise unpaid, improperly retained or disposed of. Amounts involved in thefts or computer criminal activities committed pursuant to one scheme or course of conduct, whether from the same person or several persons, may be aggregated in determining the grade of the offense.

c. Claim of right. It is an affirmative defense to prosecution for theft that the actor:

(1)Was unaware that the property or service was that of another;

(2)Acted under an honest claim of right to the property or service involved or that he had a right to acquire or dispose of it as he did; or

(3)Took property exposed for sale, intending to purchase and pay for it promptly, or reasonably believing that the owner, if present, would have consented.

d. Theft from spouse. It is no defense that theft or computer criminal activity was from or committed against the actor's spouse, except that misappropriation of household and personal effects, or other property normally accessible to both spouses, is theft or computer criminal activity only if it occurs after the parties have ceased living together.

Criminal Indictable and Disorderly Offense  Penalties

Disorderly person criminal offenses- ex Simple Assault, shoplifting & cases in Municipal Court

                                          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

            There are many other penalties that the court must impose in criminal case.  There are dozens of other penalties a court can impose, depending on the type of matter. Read www.njlaws.com/jail_for_crimes_and_disorderly_conduct.html

            If you or a family member are charged with a criminal offense, you should retain an experienced criminal attorney to argue to reduce the penalties! 

Copyright 2016 Vercammen Law

2C:20-3. Theft by unlawful taking or disposition

2C:20-3  Theft by unlawful taking or disposition
      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:18-2 Burglary. a. Burglary defined.

2C:18-2  Burglary. a. Burglary defined.  A person is guilty of burglary if, with purpose to commit an offense therein or thereon he:

(1)Enters a research facility, structure, or a separately secured or occupied portion thereof unless the structure was at the time open to the public or the actor is licensed or privileged to enter;

(2)Surreptitiously remains in a research facility, structure, or a separately secured or occupied portion thereof knowing that he is not licensed or privileged to do so; or

(3)Trespasses in or upon utility company property where public notice prohibiting trespass is given by conspicuous posting, or fencing or other enclosure manifestly designed to exclude intruders.

b. Grading.  Burglary is a crime of the second degree if in the course of committing the offense, the actor:

(1)Purposely, knowingly or recklessly inflicts, attempts to inflict or threatens to inflict bodily injury on anyone; or

(2)Is armed with or displays what appear to be explosives or a deadly weapon.

Otherwise burglary is a crime of the third degree.  An act shall be deemed "in the course of committing" an offense if it occurs in an attempt to commit an offense or in immediate flight after the attempt or commission.

39:4-98 .24 Speeding (.24 Indicates Exceeding by 20-24 MPH)

39:4-98 .24 Speeding (.24 Indicates Exceeding By 20-24 MPH) Fine $50 $200 plus court costs, jail not exceeding 15 days, or both when guilty. Fine doubled when driving 20 mph over.  Exceeding maximum speed 1-14 mph over limit             2points   Exceeding maximum speed 15-29 mph over limit    4  points  Exceeding maximum speed 30 mph or more over limit           5 points Rates of speed. Subject to the provisions of R.S.39:4-96 and R.S.39:4-97 and except in those instances where a lower speed is specified in this chapter, it shall be prima facie lawful for the driver of a vehicle to drive it at a speed not exceeding the following: a.Twenty-five miles per hour, when passing through a school zone during recess, when the presence of children is clearly visible from the roadway, or while children are going to or leaving school, during opening or closing hours; b. (1) Twenty-five miles per hour in any business or residential district; (2)Thirty-five miles per hour in any suburban business or residential district; c.Fifty miles per hour in all other locations, except as otherwise provided in the Sixty-Five MPH Speed Limit Implementation Act, pursuant to section 2 of P.L.1997, c.415 (C.39:4-98.3 et al.). Whenever it shall be determined upon the basis of an engineering and traffic investigation that any speed hereinbefore set forth is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place or upon any part of a highway, the Commissioner of Transportation, with reference to State highways, may by regulation and municipal or county authorities, with reference to highways under their jurisdiction, may by ordinance, in the case of municipal authorities, or by ordinance or resolution, in the case of county authorities, subject to the approval of the Commissioner of Transportation, except as otherwise provided in R.S.39:4-8, designate a reasonable and safe speed limit thereat which, subject to the provisions of R.S.39:4-96 and R.S.39:4-97, shall be prima facie lawful at all times or at such times as may be determined, when appropriate signs giving notice thereof are erected at such intersection, or other place or part of the highway. Appropriate signs giving notice of the speed limits authorized under the provisions of paragraph (1) of subsection b. and subsection c. of this section may be erected if the commissioner or the municipal or county authorities, as the case may be, so determine they are necessary. Appropriate signs giving notice of the speed limits authorized under the provisions of subsection a. and paragraph (2) of subsection b. of this section shall be erected by the commissioner or the municipal or county authorities, as appropriate. When designating reasonable and safe speed limits for a street under its jurisdiction pursuant to this subsection, as part of an engineering and traffic investigation, a municipality or county shall consider, but not be limited to, the following criteria: residential density; the presence, or lack, of sidewalks; the prevalence of entry and exit ways for business and commercial establishments; whether school children walk adjacent to the street on their way to and from school; and the proximity of recreational or park areas, schools, community residences, family day care homes, child care centers, assisted living facilities or senior communities. Nothing in this paragraph shall substitute for traffic count, accident, and speed sampling data as appropriate.

39:4-81 Observing Traffic Signals 39:4-81 Traffic signals, observance; rule at nonoperational signals. 39:4-81.  a.  The driver of every vehicle, the motorman of every street car and every pedestrian shall obey the instructions of any official traffic control device applicable thereto, placed in accordance with the provisions of this chapter, unless otherwise directed by a traffic or police officer. b.When, by reason of a power failure or other malfunction, a traffic control signal at an intersection is not illuminated, the driver of a vehicle or street car shall, with respect to that intersection, observe the requirement for a stop intersection, as provided in R.S.39:4-144. Fine   $50-$200 or jail to exceed 15 days, or both 2 MVC points 2 car insurance points Protect your Rights. Before you pled guilty and face potentially thousands of dollars in fees and surcharges, schedule an in office appointment with our attorneys experienced in handling these matters.

Minimum Mandatory Fines, Points, Jail and Penalties Relating to Selected Motor Vehicle Offenses