The Many Types of Theft, and the Differences Between Theft, Burglary, and Robbery

Many people use the terms “theft,” “burglary,” and “robbery” interchangeably. While each of these terms refers to taking property —or attempting to take property—without the owner’s consent, there are many different ways theft can occur. And, they have different definitions. 

Identifying theft

Theft is generally considered to be an umbrella term that refers to the unlawful taking of another person’s property with the intent to permanently deprive the owner of said property. Under New Jersey law, property includes anything of value. This can be physical belongings—anything from financial funds to antique artwork—but it can also include intangible property such as copyrights, intellectual property, or real estate. Of most importance, the State must prove beyond a reasonable doubt that you knowingly took or exercised unlawful control over movable property.  

Types of theft offenses identified by New Jersey laws include: 

Theft by deception (such as health care benefits obtained through fraud)

A person is guilty of theft if they purposely obtain property of another by deception. In order to be convicted of theft by deception, the State must prove the following elements beyond a reasonable doubt:

1. That defendant obtained the property of another
2. That defendant purposely obtained the property by deception 
3. That the victim relied upon the deception in parting with the property 

For example, a person deceives if he purposely creates or reinforces a false impression, including false impressions as to law, value, intention, or some other state of mind, and including, but not limited to, a false impression that the person is soliciting or collecting funds for a charitable purpose.    

Credit card crimes involving theft

A person who receives a credit card, with the knowledge that it has been taken from the person, possession, custody, or control of another without the cardholder’s consent, with intent to use, sell, or transfer it to a person other than the issuer or the cardholder, is guilty of a crime.

To find someone guilty, the State must prove the following elements beyond a reasonable doubt:

1. That the defendant received a credit card
2. That the credit card had been taken or obtained from the person, possession, custody, or control of another without the cardholder’s consent
3. That when the defendant received the credit card, they had knowledge that the credit card had been taken without the cardholder’s consent
4. That the defendant received the card with the intent to use, sell, or transfer it to a person other than the issuer or the cardholder

Theft by failure to make required disposition 

This includes any payment made with a subsequently dishonored negotiable instrument—for example, a bad check. A person who purposely obtains or retains property upon agreement or subject to a known legal obligation to make specified payments or other disposition whether from such property or its proceeds or from his own property to be reserved in an equivalent amount is guilty of theft if he deals with the property obtained as his own and fails to make the required payment or disposition. 

To find someone guilty of this theft offense, the State must prove each of the following elements beyond a reasonable doubt: 

1. That the defendant purposely obtained or retained the property
2. That the defendant did so upon agreement, or subject to legal obligation
3. That this agreement or legal obligation required the defendant to make a specified payment or other disposition from the property itself or its proceeds, or from his own property to be reserved in an equivalent amount
4. That this legal obligation was known to the defendant
5. That the defendant purposely dealt with the property as if it were his own
6. That the defendant purposely failed to make the required payment or disposition.

Identity theft (or impersonation)

For someone to be found guilty of this offense, the State must prove the following three elements of the crime beyond a reasonable doubt:

1. Defendant knowingly impersonated another or assumed a false identity
2. Defendant knowingly did an act in such assumed character or false identity
3. Defendant’s purpose in doing that act was to obtain a benefit for himself, or to obtain a benefit for another, or to injure another, or to defraud another

Theft from the person

A person is guilty of theft if he unlawfully takes, or exercises control over the movable property of another with the purpose to deprive him thereof. For someone to be guilty of this offense, the State must prove the following elements beyond a reasonable doubt: 

1. That the defendant knowingly took or unlawfully exercised control over movable property
2. That the movable property was the property of another
3. That the movable property was taken from the person of another
4. That the defendant’s purpose was to deprive the other person of the movable property

Theft by extortion or threat

A person is guilty of theft by extortion if he purposely and unlawfully obtained property of another by extortion. There are numerous ways this can occur. A person extorts if he purposely threatens to: 

1. Inflict bodily injury on or physically confine or restrain anyone or commit any other criminal offense 
2. Accuse anyone of an offense or cause charges of an offense to be instituted against any person 
3. Expose or publicize any secret or any asserted fact, whether true or false, tending to subject any person to hatred, contempt, or ridicule, or to impair his credit or business repute 
4. Take or withhold action as an official or cause an official to take or withhold action 
5.  Bring about or continue a strike, boycott, or other collective action, if the property is not demanded or received for the benefit of the group in whose interest the actor purports to act 
6. Testify or provide information or withhold testimony or information with respect to another’s legal claim or defense
7. Inflict any other harm which would not substantially benefit the actor but which is calculated to materially harm another person

To convict someone of the charge, the State must prove the following elements beyond a reasonable doubt: 

1. That defendant obtained the property of another
2. That defendant obtained that property purposely and unlawfully
3. That defendant obtained the property by extortion 

Theft of lost or mistakenly delivered property

A person who comes into control of the property of another that he knows to have been lost, mislaid, or delivered under a mistake as to the nature or amount of the property or the identity of the recipient is guilty of theft if, knowing the identity of the owner and with the purpose to deprive said owner thereof, he converts the property to his own use. 

To convict someone, the State must prove the following elements beyond a reasonable doubt:

1. That defendant came into control of the property of another
2. That defendant knew that the property was lost, mislaid, or delivered under a mistake as to the nature, amount, or identity of the recipient
3. That defendant knew the identity of the owner
4. That defendant converted the property to his own use with the purpose to deprive the owner of the property

Theft of services

Services include labor, professional service, transportation, telephone, or other public service, accommodations in hotels, restaurants, or elsewhere, entertainment, admission to exhibitions, and use of vehicles or other movable property. 

A person commits theft if, having control over the disposition of services of another, to which he is not entitled, he knowingly diverts such services to his own benefit or to the benefit of another not entitled hereto. The State must prove, beyond a reasonable doubt, each of the following elements of the crime: 

1. That defendant had control over the disposition of the services
2. That defendant was not entitled to the services (nor was the recipient if other than the defendant)
3. That defendant diverted services of another to his own benefit or to the benefit of another
4. That defendant did so knowingly

What is robbery?

Robbery, also called aggravated theft, refers to theft using force, or threat of force, to take property directly from a person. Even if the crime doesn’t result in physical harm, it’s still considered a robbery if the property was taken with the threat of violence. If the robbery involves the use of a weapon, it’s considered armed robbery—even if the weapon was fake. 

Note that for a theft to be considered a robbery, it must involve force or fear. Otherwise, it falls into the category of theft. 

What is burglary?

Burglary refers to any crime—though it is typically associated with theft—committed after breaking and entering, or even simply entering a building through an unlocked door or grabbing something through an open window.  What is key is that the person entered the structure without permission with the purpose to commit an offense. 

Penalties for theft in New Jersey

New Jersey criminal law gives the following penalties for theft, which are determined based on the value of the crime: 

Disorderly persons offense

Stolen property or services valued at less than $200 constitutes a disorderly persons offense. Penalties can result in up to six months of jail time and a $1,000 fine. 

Crime of the fourth degree

Stolen property or services valued at $200-$500 constitutes a crime of the fourth degree. Penalties can result in up to eighteen months of jail time and a $10,000 fine.

Crime of the third degree

Stolen property or services between $500 and $75,000 constitutes a crime of the third degree. This also applies to theft of firearms, motor vehicles, animals, controlled dangerous substances, credit cards, and health care benefits obtained through fraud or deception. 

Penalties can result in 3-5 years of jail time and a fine of up to $15,000. 

Crime of the second degree

Stolen property or services exceeding $75,000 constitutes a crime of the second degree. This also applies to theft by extortion and theft of health care benefits by fraud or deception when the amount is higher than $75,000. 

Penalties can include 5-10 years of jail time and a fine of up to $150,000. 

Charged with theft in New Jersey? Our defense team can help 

Theft charges can vary from indictable crimes to disorderly persons offenses, both of which can affect your life with a jail sentence, restitution, fines, and beyond. The experienced attorneys at Dughi, Hewit & Domalewski can advise you of your rights if you have been charged with a crime. Contact us to schedule a free consultation with our trusted attorneys.