New Jersey Auto Theft Laws

Every state has auto theft laws. Many states include the crime of car theft in their general theft statutes, and New Jersey is no exception. However, like these other states, New Jersey lawmakers specify unique penalties for people guilty of auto theft.

Here, we’ll explain the auto theft laws in the State of New Jersey. We will also discuss the penalties and defenses to this crime. We will also briefly touch on related crimes in New Jersey, such as receipt of a stolen motor vehicle.

If you’re facing auto theft charges, you should contact a local criminal defense lawyer. They will review your case and help you decide how best to proceed. While auto theft may not qualify as a violent crime, that doesn’t mean the punishments are minor.

How Does New Jersey Law Define Auto Theft?

New Jersey law defines auto theft the same way most other states do.

For the state to convict a defendant of the crime of auto theft, it must prove the following three things:

• The defendant unlawfully took control

• Of a motor vehicle

• For the purpose of permanently depriving the owner of their property

The key here is intent. It is not enough that someone unlawfully took a car for a joyride. To be guilty of auto theft, the jury (or judge) must find that the defendant intended to permanently deprive the owner of their car, truck, or SUV.

This doesn’t mean a person who “borrows” another person’s vehicle isn’t guilty of a criminal offense. It just means that, without the intent to permanently deprive the victim of their property, the defendant would be guilty of a lesser offense.

As with many other crimes, New Jersey‘s criminal laws divide auto theft into several degrees, each carrying different penalties.

New Jersey Breaks the Crime of Auto Theft Into Degrees

Technically, New Jersey law recognizes three degrees of auto theft. Depending on the value of the vehicle and the defendant’s intent, a person faces charges for a second-degree crime, a third-degree crime, or a fourth-degree crime. We will discuss these in detail below.

According to N.J.S.A. 2C: 20-10.1:

• Second-Degree Auto Theft: A person is guilty of this offense if they steal a vehicle worth more than $75,000.

• Third-Degree Auto Theft: A defendant commits this offense if they steal a car worth anywhere from $500 to $75,000.

• Fourth-Degree Auto Theft: In New Jersey, this crime is referred to as the “Unlawful Taking of a Motor Vehicle” without the owner’s consent. This crime is different from second and third-degree auto theft in that the prosecutor doesn’t have to prove the defendant intended to permanently deprive the victim of their vehicle.

A person can be guilty of this offense if they borrow another person’s car with every intention of returning it. The key here is that the vehicle owner did not give the defendant permission to use their car.

Obviously, the penalties for second-degree auto theft are much more severe than the penalties for fourth-degree auto theft. If you’re facing second-degree auto theft charges, your criminal defense lawyer will try to get the prosecutor to reduce the charges to third or fourth degree.

Penalties for Auto Theft in New Jersey

The penalties for auto theft vary depending on two things: the value of the car and the degree of the crime. A person guilty of auto theft will face lengthy prison sentences and hefty fines. Depending on the facts of the case, the judge may impose additional penalties.

The criminal penalties for auto theft in New Jersey are as follows:

• Second-degree auto theft: 5-10 years in prison and fines of up to $150,000

• Third-degree auto theft: 3-5 years in state prison and fines of up to $15,000

• Fourth-degree auto theft: Maximum of 18 months in jail and fines of up to $10,000

Anybody convicted of the above crimes will also face a mandatory driver’s license suspension. The specific duration of the suspension depends on the level of the offense:

• First offense – One year suspension

• Second offense – Two years driver’s license suspension

• Third and subsequent offenses – 10-year license suspension

Some defendants will also have to pay restitution to the victim. The amount depends on the extent of the damage to the victim’s vehicle and any other harm resulting from the crime.

Additional Penalties for Special Circumstances

Depending on the facts of your criminal case, the judge may impose additional penalties on top of your prison sentence and fines. For example, if you damage or destroy the victim’s car, the court will order you to pay them restitution.

Some of the other penalties you’ll face if you commit auto theft in New Jersey include:

• If law enforcement or the state police do not recover the stolen vehicle, the judge will order you to pay the fair market value of the victim’s car.

• If a person is guilty of the related crime of carjacking, the state will sentence them to 10 to 30 years in prison, with a ban on parole for at least five years.

• If the defendant harms anyone while committing the crime, they may face charges for assault, battery, reckless driving, negligent homicide, or vehicular homicide.

Your attorney will work hard to negotiate an acquittal or plea bargain to help avoid these additional penalties.

Defenses To Auto Theft Crimes

Once your defense attorney has a chance to review the state’s evidence, they’ll work on crafting a strong defense strategy. When it comes to auto theft charges, there are only certain defenses that apply.

New Jersey‘s theft laws recognize the following defenses:

• Consent – You may be able to prove that the vehicle owner gave you permission to use or even take ownership of the car.

• Necessity – This defense is difficult to prove. However, if your lawyer can demonstrate that you only took the car out of necessity, and to prevent a greater harm, the state may dismiss or reduce the charges.

• Mistaken Identity – If you can prove someone else stole the vehicle, you will escape conviction.

• Entrapment – As with necessity, it is hard to prove entrapment. This is true in all criminal cases. You will have to prove that the police put you in a position to commit a crime you otherwise would not have committed.

• Lack of intent – Auto theft requires that the defendant intend to permanently deprive the vehicle owner of their car. If your attorney can prove that you fully intended to return the vehicle, this defense may work.

While there is no rule saying that you must hire a criminal defense attorney, it may be in your best interest to do so. Experienced criminal law attorneys are familiar with the law and know how to craft a successful defense strategy. It can be difficult to do this if you handle things on your own.

How Does New Jersey Treat Juveniles Who Commit Auto Theft?

Whenever young people engage in criminal activity, they run the risk of receiving the same punishment as an adult. However, this isn’t always the case. Until recently, New Jersey faced an increase in juveniles being involved in auto theft rings specifically because people knew that younger offenders would face less severe penalties than adults.

As a result, lawmakers in New Jersey passed a new law that makes it a second-degree crime for anybody 18 years or older to employ someone under the age of 18 to assist or commit auto thefts.

These laws also increase the penalties for juveniles who commit auto thefts. Specifically, there is now a rebuttable presumption that juveniles guilty of auto theft will face incarceration pending trial. There are still some instances where the judge sentences the teen to home detention, but that is not the default punishment.

Related Crimes

As stated earlier, New Jersey law recognizes auto theft as a type of theft. There are no separate laws designated for auto theft as a stand-alone crime. However, the criminal laws in New Jersey also recognize several related crimes. The penalties for these crimes are just as severe (or more severe) than they are for auto theft.

We will discuss each of these related crimes in more detail below.

Carjacking

According to N.J.S.A. 2C: 15-2, a person is guilty of carjacking when they take a vehicle using force or under duress. Often, these crimes involve other offenses, such as robbery and assault.

The penalty for carjacking in New Jersey is a prison sentence of 10-20 years, five of which must be served without the possibility of parole. A person guilty of this offense will also face a fine of up to $200,000.

Unlawful Taking of Means of Conveyance

We briefly touched on this crime earlier. However, it is worth mentioning again. This crime is similar to auto theft but doesn’t involve the intent to permanently deprive the vehicle owner of their property.

Because a car is technically a conveyance, some prosecutors charge offenders with this crime. However, it is more common for a person to face charges under the state laws on theft instead.

Unlawful taking of means of a conveyance is usually a fourth-degree crime, carrying with it a penalty of up to six months in jail and a fine of up to $1,000. The courts typically treat this crime as a disorderly persons offense.

If a person commits this offense and causes a risk of injury or property damage, the charges increase to a third-degree crime, and the penalties increase as well. The penalties for this enhanced crime include up to five years in prison and fines of up to $5,000.

Note: Joyriding also falls under this offense.

Receiving Stolen Property

Most states, including New Jersey, have laws against receiving stolen property. Of course, to be guilty of this offense, the defendant must have known (or should have known) that the property was probably stolen.

In New Jersey, the crime of receiving stolen property is included in the state’s theft laws. A person is guilty of this offense when they buy or take ownership of a stolen car, knowing that it is probably stolen.

The court will make a common-sense judgment as to whether the defendant knew the vehicle was stolen. For example, if the car is worth $10,000 and they only pay $1,500 for the car, they should know something is wrong.

The same would be true if they buy a car that can only be started using a “hot shot.” This is what happens when a thief hotwires a car because they don’t have a key to start the ignition.

Contact a New Jersey Criminal Defense Attorney To Discuss Your Case

If the state has accused you of motor vehicle theft, you’re probably worried about what the future holds. The good news is that you don’t have to handle this alone. A skilled defense lawyer in New Jersey can help craft a strong defense strategy and work hard to achieve an acquittal or a favorable plea bargain.

Contact an experienced criminal defense attorney as soon as possible after your arrest. Things move quickly and you’ll want a seasoned attorney by your side throughout the process.