Defenses Against Shoplifting Charges in New Jersey

Shoplifting Charges in New Jersey: What You Need to Know to Build Your Defense

Shoplifting is a common charge in New Jersey that can carry serious penalties if convicted. Even a first offense for a minor amount can land you in jail for up to 6 months. That’s why it’s critical to understand the law and potential defenses if you’re facing shoplifting charges. This article provides an overview of shoplifting laws in NJ, typical penalties, and strategies your defense lawyer may use to get charges reduced or dismissed.

New Jersey Shoplifting Laws

In New Jersey, shoplifting falls under the theft statutes in the criminal code (N.J.S.A. 2C:20-11). The severity of the charge depends on the value of merchandise stolen:

• Shoplifting merchandise worth $200 or less is a disorderly persons offense. This is the lowest level charge in NJ.
• Shoplifting between $200 and $500 is a 4th degree crime.
• Shoplifting between $500 and $75,000 is a 3rd degree crime.
• Shoplifting $75,000 or more is a 2nd degree crime. This is the most serious shoplifting charge in NJ.

A disorderly persons offense for a minor first shoplifting incident may qualify for a conditional dismissal program. But any 3rd or 4th degree charge is considered an indictable offense in New Jersey. This means it can result in jail time if convicted.

Penalties for Shoplifting in New Jersey

A disorderly persons offense carries up to 6 months in jail. Fines up to $1,000 may also apply.

4th degree shoplifting exposes you to up to 18 months in prison and fines up to $10,000.

A 3rd degree conviction can result in 3-5 years in state prison and fines up to $15,000.

A 2nd degree shoplifting conviction can lead to 5-10 years imprisonment and fines up to $150,000.

In addition to fines and jail time, a shoplifting conviction remains on your criminal record. This can impact college applications, employment, professional licensing, and more. New Jersey does allow expungement for certain offenses, but it’s still a long difficult process.

Common Defenses Against Shoplifting Charges

The best defense depends on the circumstances of your case. Below are some common strategies a knowledgeable New Jersey shoplifting lawyer may use:

You Didn’t Intend to Shoplift

Lack of intent is a valid defense against shoplifting. For example, if you simply forgot an item was in your cart or pocket, you didn’t have intent to deprive the owner. Your lawyer can argue there’s reasonable doubt you meant to steal.

False Accusation

Mistaken identity is another shoplifting defense. The prosecution must prove you are the person who committed the theft. If the store employee was wrong or dishonest in accusing you, this creates reasonable doubt.

Entrapment

This argues that police induced you to commit a crime you wouldn’t otherwise have committed. For example, undercover officers encouraging you to pocket merchandise. This type of police conduct makes the charge invalid.

Mental State Defense

If mental illness or diminished mental capacity prevented you from forming criminal intent, this may negate the charges. Your lawyer can argue you didn’t understand your actions due to psychiatric issues.

Procedural Challenges

Your attorney can argue the police violated your rights or proper procedures weren’t followed in your arrest. If evidence was obtained illegally, it may be excluded at trial.

Civil Demand Letter Defense

Many retailers send a civil demand letter requiring payment of a fine. But this doesn’t admit guilt in criminal court. Your lawyer can argue paying the penalty ended the matter.

Diversion Programs

First-time offenders may qualify for pre-trial intervention or conditional dismissal. These involve probation, fines, and counseling instead of jail time.

Finding the Right NJ Shoplifting Lawyer

Don’t go it alone against shoplifting charges in New Jersey. An experienced criminal defense attorney can thoroughly review your case and build the strongest defense. They know how to negotiate with prosecutors for reduced charges or diversion programs. This can help minimize penalties and protect your criminal record.

When choosing a lawyer, look for someone with extensive experience specifically handling shoplifting cases in your area. Be sure they have a proven track record of positive outcomes for clients facing similar charges. Defense lawyers who offer free consultations allow you to discuss your case at no cost or obligation. This gives you the chance to explore your options with an attorney before deciding to hire them.

Facing shoplifting charges isn’t easy, but the right lawyer can make a huge difference in the outcome. Take the time to understand the laws and potential defenses in New Jersey. Then partner with a skilled local attorney who knows how to fight these cases. With an effective legal strategy, you can move forward and put the charges behind you.