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Serving Jersey City, Hudson County & all of New Jersey · Free Consultations · Se Habla Español
Theft in Jersey City is charged under N.J.S.A. 2C:20-3 and graded by value under 2C:20-2: under $200 is a disorderly persons offense heard at Jersey City Municipal Court; $200–$500 is fourth degree; $500–$75,000 is third degree; $75,000 or more is second degree, all prosecuted at Hudson County Superior Court. Certain property — a firearm, a car, a controlled substance — is graded by type regardless of value.
New Jersey consolidated its theft offenses into one chapter. 2C:20-3 covers theft by unlawful taking; other sections cover theft by deception, theft by extortion, receiving stolen property, theft of services and theft by failure to make required disposition. All of them are graded the same way, by 2C:20-2: under $200 is a disorderly persons offense, $200 to $500 is fourth degree, $500 to $75,000 is third degree, and $75,000 or more is second degree. Some property is graded by what it is rather than what it is worth — a firearm, a motor vehicle, a controlled dangerous substance, or property taken from the person of the victim.
Two rules drive most Jersey City cases. First, aggregation: amounts taken in a series of acts pursuant to one scheme or course of conduct are added together, which is how a series of small workplace thefts becomes a third-degree indictment. Second, valuation: the State’s number is an allegation, usually taken from a retail price tag or a complainant’s estimate, and it is contestable. Moving a case from $520 to $480 moves it from Superior Court to a fourth-degree charge; moving it under $200 moves it out of Superior Court entirely.
2C:20-11 · Newport Centre and Journal Square cases
2C:18-2 · entering to commit an offense · third or second degree
2C:15-1 · theft with force · second or first degree
2C:20-7 · knowledge is the contested element
2C:20-4 · false impressions and broken promises
Graded by type; also charged as unlawful taking of a means of conveyance
Aggregated over time; often charged with fraud
2C:20-8 · utilities, transit fare, hospitality
State charge, or federal if U.S. mail
Third degree regardless of value; robbery if force was used
| Value or property | Grade | Maximum exposure | Court |
|---|---|---|---|
| Under $200 | Disorderly persons | 6 months, $1,000 | Jersey City Municipal |
| $200–$500 | Fourth degree | 18 months, $10,000 | Superior Court |
| $500–$75,000 | Third degree | 3–5 years, $15,000 | Superior Court |
| $75,000 or more | Second degree | 5–10 years, $150,000 | Superior Court |
| Firearm, motor vehicle, or CDS | Third degree (or higher) | 3–5 years | Superior Court |
| Property taken from the person | Third degree | 3–5 years | Superior Court |
Most Jersey City theft cases are non-violent first offenses, and the Hudson County Prosecutor’s Office resolves them through Pretrial Intervention when the defendant has no record and restitution is addressed. The application should go in early, before any plea, with proof of employment, treatment where relevant, and a restitution plan. That combination has ended many of these cases in dismissal.
Where PTI is not available, the value fight is the case. Retailers report the full retail price; the statute uses fair market value. Employers estimate losses over a period; the State must prove each act and that they were one scheme. We have moved indictable cases back down to municipal court on both grounds.
It depends on the value. Theft under $200 is a disorderly persons offense heard in municipal court. From $200 up it is an indictable crime — fourth, third or second degree — heard in Superior Court, which is the New Jersey equivalent of a felony.
Restitution does not automatically end a criminal case, because the charge belongs to the State rather than the complainant. But paying restitution before sentencing strongly supports Pretrial Intervention, conditional dismissal, or a downgraded plea, and prosecutors weigh it heavily.
By fair market value at the time and place of the theft, not the retail price tag. Where value cannot be established, the statute treats the theft as under $200. Contesting valuation is one of the most effective defenses because the grade — and the courthouse — turns on it.
Yes. Under 2C:20-2(b)(4), amounts involved in thefts committed pursuant to one scheme or course of conduct may be aggregated. Whether the acts really were one scheme, rather than separate incidents, is a defense to the higher grade.
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Ibrahim & Ibrahim Law Firm
910 Bergen Ave, Suite 203
Jersey City, NJ 07306
Directions · a five-minute walk from Journal Square PATH; two blocks from the courthouse complex
