New Jersey Theft Criminal Defense Attorneys

Lackey & Miller Defend Against Theft Charges in New Jersey

If you’ve been charged with a theft in New Jersey—whether it’s shoplifting, receiving stolen property, or a more serious allegation involving burglary or theft by deception—your freedom and reputation are on the line. A conviction for theft can lead to jail time, fines, restitution, and a permanent criminal record that follows you for life. You need an experienced criminal defense attorney to protect your rights.

At Lackey & Miller, LLC, located in Cherry Hill, our attorneys have over 20 years of combined experience as prosecutors. We use that knowledge and experience to advocate for our clients. That means we know how theft cases are built—and more importantly, how to take them apart. We’ve handled everything from low-level municipal theft charges to complex indictable (felony) theft and fraud investigations. Let us put that experience to work for you.

Types of Theft Charges in New Jersey

New Jersey law covers a wide range of theft-related offenses under N.J.S.A. 2C:20-1 and related statutes. We regularly defend clients against charges including:

• Theft by Unlawful Taking (2C:20-3) – Taking someone else’s property without consent.
• Shoplifting (2C:20-11) – Often charged based on security footage or store loss prevention reports.
• Receiving Stolen Property (2C:20-7) – Possessing or buying items you allegedly knew were stolen.
• Theft by Deception (2C:20-4) – Accusations of lying to obtain money or goods.
• Theft by Extortion (2C:20-5) – Being accused of obtaining property by extorting another individual or business.
• Burglary (2C:18-2) – Entering a structure with intent to commit a theft or other crime.
• Credit Card Theft or Fraud (2C:21-6) – Includes using, forging, or possessing stolen credit cards.
• Theft by Failure to Make Required Disposition of Property Received (2C:20-9) – Accused of keeping money or property you were legally obligated to use or return.

Whether you’re facing a disorderly persons offense or a second-degree felony, we provide strategic, aggressive defense tailored to the facts of your case.

What’s at Stake in a Theft Case?

New Jersey classifies theft offenses based on the value of the property involved and the nature of the conduct. For example:

• Under $200: Disorderly persons offense (municipal court), up to 6 months in jail.
• $200–$500: Fourth-degree crime, up to 18 months in prison.
• $500–$75,000: Third-degree crime, 3 to 5 years in prison.
• Over $75,000: Second-degree crime, 5 to 10 years in prison.

But prison or probation aren’t the only consequences. A theft conviction can cost you your job, your professional license, or your immigration status. If you’re a student, it can jeopardize scholarships and your future career. If you’ve been charged with theft in New Jersey, you need an experienced criminal defense attorney to represent your rights and challenge the state’s case.

Defense Strategies That Work

We don’t just look at the police report—we investigate. Was there video footage? Was it blurry, out of sync, or missing critical moments? Were you misidentified? Were your rights violated during a search or interrogation?

We know how to:

• Challenge unreliable eyewitness testimony
• Suppress evidence obtained through illegal searches
• Expose holes in the prosecution’s timeline or theory
• Negotiate downgrades to municipal court or dismissals when appropriate
• Push for diversionary programs like Pretrial Intervention (PTI) and conditional dismissals

Every case is different. That’s why we take the time to learn your story—and craft a strategy that fits.

Are There Additional Penalties for Shoplifting in New Jersey?

Yes. There are mandatory penalties associated with a shoplifting conviction beyond probation and potential jail time:

• First offense – 10 days of community service
• Second offense – 15 days of community service
• Third or subsequent offense – 25 days of community service

If convicted of a third or subsequent shoplifting offense, you would be subject to a minimum term of 90 days of imprisonment.

Charged With Theft Over a Contractor Deposit or Down Payment in New Jersey?

If you’re a contractor in New Jersey and a client has accused you of theft for not completing a job, you’re not alone. It’s common for homeowners or customers—especially in the middle of a dispute or delay—to contact the police and claim that you “stole” a deposit or down payment. Law enforcement often responds by filing theft charges, typically under N.J.S.A. 2C:20-9 (Theft by Failure to Make Required Disposition of Property).

But these cases are rarely black and white. Delays, miscommunications, or civil disagreements over the scope or timing of work should not be treated as criminal theft. If you’re a contractor facing theft charges in New Jersey, it’s critical to speak with a criminal defense attorney who understands how these cases work—and how to push back on unfounded or exaggerated claims.

Theft by Failure to Make Required Disposition of Property (N.J.S.A. 2C:20-9)

This charge arises when someone is alleged to have received money or property with a legal obligation to use it a certain way—but is later accused of keeping it or using it improperly. It often involves:

• Contractors or home improvement professionals accused of taking deposits without doing work
• Business partners accused of misusing company funds
• Clients accused of taking payments on behalf of someone else and not passing them along
• Anyone handling money “in trust” (escrow, deposits, etc.)

Under N.J.S.A. 2C:20-9, the State must prove that:

1. You received the property,
2. You had a legal duty to handle or return it a certain way, and
3. You intentionally failed to do so.

This is different from a simple breach of contract. The State is alleging a criminal intent to steal—a much higher bar. Prosecutors often stretch this charge too far, turning a civil or business dispute into a felony-level theft case.

If you are a contractor or charged with this crime in New Jersey, we know how to push back. At Lackey & Miller, we’ve defended many clients accused under N.J.S.A. 2C:20-9, and we know how to challenge the State’s assumptions about “intent” and “legal obligation.” What sometimes looks like theft is really a misunderstanding, a delay, or a business deal gone sideways.

Do I Need a Lawyer for Theft Charges in New Jersey?

Yes. Whether you’re facing an indictable (felony) theft charge or a disorderly persons (misdemeanor) shoplifting in New Jersey, it is critical to contact an experienced criminal defense attorney as soon as possible. The early stages of the case—often within the first few days—can have the biggest impact on how it unfolds.

This is especially true in cases stemming from personal disputes—between roommates, romantic partners, or even contractors and clients. Police often make quick decisions based on limited information, and once charges are filed, it can be difficult to undo the damage without swift legal action.

As former prosecutors, we understand how theft cases are reviewed and filed. We know how important it is to get your side of the story in front of the right people—early. If there’s a chance to downgrade the charge or get it dismissed, that opportunity usually comes at the very beginning of the case.

The consequences of a theft conviction go far beyond fines, probation, or jail time. It can cost you your job, your professional license, and your reputation. Don’t take chances—speak with a defense attorney who knows how to protect your future.

What Should I Do If the Police Contact Me About a Theft Investigation?

If a police officer or detective contacts you about a theft investigation—do not speak to them without a lawyer. It doesn’t matter if you think you’ve done nothing wrong or that you can clear things up. Anything you say can be used against you, and often is.

Here’s what you should do instead:

• Invoke your right to remain silent. Politely say, “I am not answering any questions without my attorney.”
• Invoke your right to an attorney. Once you ask for a lawyer, questioning should stop. Don’t waive that right, no matter how friendly the officer seems.
• Do not hand over documents or receipts. Let a lawyer review them first. Sometimes what you think is helpful can actually support the State’s case.
• Get the detective’s information. Write down their name, badge number, the police department they’re with, and their phone number. Tell them your lawyer will be in touch.
• Call a criminal defense attorney immediately. The earlier we get involved, the more options we have to protect you—possibly even stopping charges before they’re filed.

At Lackey & Miller, LLC, we regularly deal with theft investigations before formal charges are filed. In many cases, the smartest thing we do is keep our client from ever being interviewed and, hopefully, never charged.

Can a Theft Charge Be Expunged in New Jersey?

In many cases, a theft conviction or dismissal can eventually be expunged—but eligibility depends on the outcome, your prior record, and how much time has passed since you completed probation, release from jail, or parole. Generally, for a felony conviction, the waiting period is five years. We help clients navigate this process and are prepared to help you get a clean record.

Am I Eligible for a Diversionary Program?

If it’s your first offense and you have never used a diversionary program in New Jersey or elsewhere, you may be eligible for the Pretrial Intervention program (PTI) or a conditional dismissal if handled in municipal court. Completing these programs can ultimately avoid a conviction and lead to expungement eligibility.

Why Hire Lackey & Miller for a Theft Charge in New Jersey?

At Lackey & Miller, LLC, we bring the perspective of former prosecutors to your defense. We’ve handled thousands of theft-related cases from both sides of the courtroom—so we know how these cases are investigated, charged, and how to find weaknesses.

Here’s why clients trust us when they’re facing theft accusations:

• We understand how theft cases are built—and how to break them down. Whether it’s shoplifting, employee theft, contractor deposit disputes, or complex financial allegations, we know how to challenge the evidence and protect your record.
• We act fast. In many theft cases, the best results happen early: before indictment, before your first court date, or before you’ve said a word to police. We move quickly to gather your side of the story and fight for dismissals or downgrades.
• We’ve handled theft cases across all New Jersey courts. From municipal court shoplifting to second-degree indictable theft in Superior Court—we’ve done it. We know what works with each judge, prosecutor, and courtroom.
• We take on tough cases. We’ve successfully defended contractors accused of theft, clients wrongly charged over family disputes, and individuals caught up in misunderstandings that never should have become criminal cases.

If you’ve been charged—or even contacted—about a theft investigation, don’t wait to see what happens next. Call Lackey & Miller, LLC today and speak with an experienced New Jersey criminal defense attorney. Let us step in and protect your rights before the situation gets worse.

Let the Criminal Defense Attorneys at Lackey & Miller Fight for You

The sooner you speak to an experienced criminal defense attorney, the better your chances of protecting your rights and limiting the damage. Don’t talk to the police or accept a plea until you talk to us. You can schedule a free consultation with a New Jersey theft defense attorney by calling 856-399-0089 or contacting us online.