From Shoplifting to Burglary: How a North Jersey Property Crime Lawyer Defends Your Future
Facing a property crime charge in New Jersey can feel overwhelming. A momentary lapse in judgment, a misunderstanding at a store, or being in the wrong place with the wrong people can suddenly turn into an arrest for theft, shoplifting, burglary, or vandalism. You may be worried about jail, fines, and a record that could follow you for years. In that situation, you need a seasoned North Jersey property crime lawyer who understands both the law on the books and how these cases move through Hudson County courts.
With over 35 years spent litigating serious matters, Attorney Anthony R. Gualano is recognized by the Supreme Court of New Jersey as a certified Criminal Trial Attorney. He has defended people in serious matters throughout North Jersey, from indictable theft and burglary cases in Superior Court to shoplifting and criminal mischief charges in municipal court. When you hire a property crime defense attorney in Jersey City, NJ, you work directly with Mr. Gualano. He reviews the discovery himself, talks you through your options, and stands beside you at every critical appearance.
This page gives a general overview of New Jersey property crime laws, the penalties you may face, and how Mr. Gualano approaches these cases. It is not legal advice, and every case is different. To understand your specific situation, you should speak directly with North Jersey property crime lawyer Anthony Gualano about your charges in a risk free consultation.
What Is a "Property Crime" in New Jersey?
"Property crime" is a broad category that includes offenses where the State claims someone took, damaged, or entered property without permission. In New Jersey, these offenses are found in Title 2C of the Criminal Code and may be charged as disorderly persons offenses (similar to misdemeanors) or as indictable crimes (felonies), depending on the facts.
Common New Jersey property crimes include:
- Theft by unlawful taking (N.J.S.A. 2C:20-3)
- Shoplifting (N.J.S.A. 2C:20-11)
- Criminal mischief, often called vandalism (N.J.S.A. 2C:17-3)
- Burglary (N.J.S.A. 2C:18-2)
- Criminal trespass (N.J.S.A. 2C:18-3)
- Arson and related offenses (N.J.S.A. 2C:17-1)
Penalties often depend on the value of the property, whether force or threats were used, whether a weapon was involved, and whether the incident occurred in a home, store, school, or other sensitive location. A North Jersey property crime lawyer must be fluent in these statutes and in the local practices of the courts where your case will be heard.
Theft and Shoplifting Charges
Theft by Unlawful Taking
Theft by unlawful taking is one of the most common property charges. Under New Jersey law, a person commits theft when they unlawfully take or exercise control over movable property of another with purpose to deprive the owner of it. The grading is largely based on value: under $200 is a disorderly persons offense; $200 to under $500 is a fourth-degree crime; $500 to under $75,000 is a third-degree crime; and $75,000 or more is a second-degree crime, with penalties ranging from a short sentence in county jail up to 5-10 years in state prison at the highest level.
Certain types of property, like firearms, controlled substances, or vehicles, can increase the severity of the charge even at lower dollar amounts. A property crime defense attorney in Jersey City, NJ, will carefully examine how the State reached its valuation and whether the property truly belonged to the alleged victim.
Shoplifting (Retail Theft)
Shoplifting is defined in N.J.S.A. 2C:20-11 and includes more than just walking out of a store with unpaid items. It can also involve concealing merchandise, altering price tags, under-ringing at the register, or switching items between containers to pay less.
Shoplifting penalties also depend on value: under $200 is a disorderly persons offense; $200 to under $500 is a fourth-degree crime; $500 to under $75,000 is a third-degree crime; and $75,000 or more is a second-degree crime, with possible jail or prison time at each level. Every conviction carries mandatory community service, and a third or subsequent conviction requires at least 90 days in jail.
A North Jersey property crime lawyer can challenge the store's valuation, the way loss prevention handled the stop, and whether the evidence shows intent to steal at all.
Criminal Mischief and Vandalism
"Criminal mischief" is New Jersey's term for many vandalism and property damage cases. Under N.J.S.A. 2C:17-3, a person is guilty of criminal mischief if they purposely, knowingly, or in some situations recklessly damage another person's property, or tamper with it so as to endanger people or property.
The grading again depends on the amount of damage and where it occurred: loss of $500 or less is a disorderly persons offense; more than $500 but less than $2,000 is a fourth-degree crime; and $2,000 or more is a third-degree crime, with potential state prison time. Higher degrees can apply when the damage affects public utilities, research facilities, airports, cemeteries, or other sensitive locations.
A property crime defense attorney in Jersey City, NJ, may focus on whether the damage was intentional or accidental, whether the dollar amount is overstated, and whether the State can prove you were the person actually responsible.
Burglary and Criminal Trespass
Burglary
Burglary is often misunderstood. You do not have to steal anything to be charged. Under N.J.S.A. 2C:18-2, burglary generally means entering or remaining in a structure without permission with the purpose to commit an offense inside.
Most burglaries are third-degree crimes, but the offense becomes second-degree if, during the entry or flight, the person inflicts or attempts to inflict bodily injury, or is armed with or displays what appears to be a deadly weapon. Because burglary can overlap with theft, assault, and weapons charges, having a North Jersey property crime lawyer who regularly tries serious cases is especially important.
Criminal Trespass
Criminal trespass is a related but separate offense. Under N.J.S.A. 2C:18-3, trespass can involve entering or remaining in a structure knowing you are not licensed or privileged to do so, ignoring "No Trespassing" signs or verbal warnings (defiant trespass), or peering into windows or openings of a dwelling to invade someone's privacy.
Trespass can be a petty disorderly persons offense, a disorderly persons offense, or a fourth-degree crime if it involves dwellings, schools, research facilities, or critical infrastructure. A property crime defense attorney in Jersey City, NJ, will look at whether you had permission to be on the property, whether the signs or warnings were clear, and whether the State can show that you knew you were not allowed to be there.
Arson and Serious Property Damage Offenses
Some property crimes are tied to fire and explosions. Under N.J.S.A. 2C:17-1, arson and aggravated arson involve purposely starting a fire or causing an explosion, whether on your own property or someone else's. Aggravated arson, a second-degree crime, can be charged when a person purposely or knowingly places another in danger of death or bodily injury, or when they intend to destroy someone else's building. Third-degree arson generally involves recklessly placing another in danger of death or bodily injury or placing a building in danger of damage, and arson can be elevated to a first-degree crime if it is committed for payment or financial benefit.
These cases often involve complex investigations and expert testimony. A North Jersey property crime lawyer with deep trial experience can scrutinize origin-and-cause reports, witness statements, and any alleged motive to challenge the State's theory.
Consequences Beyond Jail and Fines
Property crimes can carry serious collateral consequences, even when the immediate penalties seem manageable:
- Many theft and burglary offenses are considered crimes of dishonesty, which can significantly impact employment, professional licensing, and background checks.
- Certain theft, burglary, and arson convictions may be treated as crimes involving moral turpitude under federal law, with potential immigration consequences for non-citizens.
- Victims sometimes pursue restitution or civil lawsuits for alleged losses or damage.
- Prior convictions for property offenses can increase exposure in later cases.
A Jersey City criminal lawyer should be thinking not only about the immediate charges, but also about how any plea or conviction might affect the rest of your life.
Defense Strategies in Property Crime Cases
Because every case is different, there is no single approach that fits all property crime charges. As a North Jersey property crime lawyer, Anthony R. Gualano tailors strategy to the statute, the evidence, and your goals. Depending on the case, he may focus on:
- Identity and proof: Are eyewitness identifications reliable? Is there video surveillance, and does it clearly show you? Could someone else have used your car, your card, or been present at the scene?
- Intent and mistake: Many property crimes require proof that you intended to steal, damage, or enter unlawfully. You may have believed you had permission to be on the property or take the item, or intended only to borrow it.
- Value and ownership: Grading often depends on value, so disputes over appraisals or repair costs can be critical. In theft cases, the State must also prove the property belonged to "another," which can be complex when property is jointly owned or subject to contracts or security interests.
- Constitutional issues: As a property crime defense attorney in Jersey City, NJ, Mr. Gualano looks at whether there was a lawful basis for a stop, detention, or search, whether police obtained proper warrants or consent, and whether any statements were taken after you invoked your rights. If your constitutional rights were violated, key evidence may be suppressed.
How Attorney Anthony R. Gualano Handles Property Crime Cases
For many clients, a property charge is their first experience in the criminal justice system. Anthony R. Gualano approaches these cases with the same care he brings to homicide or major felony trials.
When you hire him as your North Jersey property crime lawyer:
- Direct access to experienced representation: You work with Mr. Gualano directly. He limits the number of matters he accepts so he can personally review discovery, meet with you, and prepare for court.
- Clear communication: He explains the law in plain English. You will understand the charges, the possible degrees, the sentencing ranges, and the realistic outcomes in Hudson County and nearby courts.
- Decades of experience to lean on: He brings decades of trial experience. With more than 35 years in criminal, civil, and family litigation, he knows how property crime allegations can affect your job, your family, and your future, and he builds strategy with that in mind.
As a property crime defense attorney in Jersey City, NJ, he focuses on giving you a clear plan rather than empty promises.
What to Do If You Have Been Charged With a Property Crime in North Jersey
If you have been arrested for theft, shoplifting, burglary, criminal mischief, trespass, or any other property offense, taking steps early can help protect you:
- Do not discuss the facts with anyone but a lawyer. Avoid talking about your case with friends, family, or on social media.
- Save all paperwork and information. Keep complaints, summonses, receipts, and any notices from the court, and write down your memory of what happened while it is still fresh.
- Preserve potential evidence. Save texts, emails, photos, store receipts, and contact information for potential witnesses.
- Follow release conditions. If the court has ordered you to stay away from a store, property, or person, comply strictly to avoid additional charges.
- Contact a North Jersey property crime lawyer promptly. Early representation gives your attorney more time to request discovery, identify defenses, and speak with prosecutors before positions harden.
If you or someone you care about is facing property crime charges in Hudson County, consider reaching out to the Law Office of Anthony R. Gualano. An experienced property crime defense attorney in Jersey City, NJ, can help you move from fear and confusion toward a clear, strategic plan to protect your rights, your record, and your future.
Take the Critical Next Step: Contact a Experienced North Jersey Property Crime Lawyer, Anthony R. Gualano, Today for a Risk Free Consultation
Facing a property crime charge, whether it's shoplifting, theft, burglary, or vandalism, is a serious matter that demands experienced legal counsel. The penalties are harsh, and the long-term impact on your life, from employment to immigration, is significant.
Luckily, you do not have to navigate the complex New Jersey court system alone. Anthony R. Gualano, a Supreme Court certified Criminal Trial Attorney with over 35 years of litigation experience, is ready to review your case and build a focused defense strategy personally.
If you are facing a property crime charge in Jersey City or anywhere in North Jersey, contact the Law Office of Anthony R. Gualano today. We offer a risk free, private consultation to discuss the specifics of your situation, understand your legal options, and begin developing a plan to protect your rights and future.