Can I Be Charged With Theft in New Jersey if I Intended to Return the Property?

Theft is an issue taken seriously in New Jersey and the state imposes a variety of laws and penalties depending on the circumstances of the theft. Understanding the legal definitions involved and the criteria that can result in a conviction is important in protecting yourself and your future. If you are wondering whether you can be charged with theft if you intended to return the property eventually, continue reading and reach out to an experienced Bergen County theft attorney today.

How is Theft Defined in New Jersey?

There are many types of theft recognized under New Jersey law ranging from theft and computer criminal activity to auto theft, theft by deception, theft by extortion, and more. The standard and general definition of theft in New Jersey is enshrined in N.J.S.A. 2C:20-3, which defines theft as the following.

• A person unlawfully taking or exercising unlawful control over movable property of another with the purpose of depriving the owner of the property
• A person unlawfully transferring any interest in immovable property of another with the purpose of benefiting themselves or another person who is not entitled to the property

A key element of theft is the offender’s intent to deprive the owner of the use or possession of the property.

Can I Be Charged With Theft in NJ if I Intended to Return the Property?

As stated above, one of the most important elements of theft in New Jersey is the defendant’s intention to deprive the owner of the property. However, the law does not require that the individual intended to permanently deprive the owner. Even if you intended to return the property, you can still be charged with theft because you exercised control over the property without permission.

Can Lack of Intent Be Used as a Defense?

Although you can still be charged and convicted of theft even if you intended to return the stolen property, it can be used as an effective defense depending on the details of the circumstances. Because intent is one of the most important factors in determining whether theft was committed, a lack of intent could sway the court or influence sentencing.

If you can prove that you genuinely intended to or made a valiant effort to return the property, you could argue that there was no intent to permanently deprive the owner of the property. While you can still be convicted for taking illegal possession of the property, a judge may be inclined to issue a lesser sentence due to your lack of intent.

It is important that you work with an experienced attorney and legal team for assistance during your theft case. Even if you were truly going to return the property, you still committed a crime and can face a variety of penalties. Reach out to a skilled lawyer today to discuss your case and possible defenses.