How Prior Shoplifting Offenses Increase Penalties in New Jersey

How Prior Shoplifting Offenses Increase Penalties in New Jersey

Shoplifting is a common offense, but in New Jersey the penalties can quickly escalate for repeat offenders. Even a first-time minor shoplifting charge can result in fines, probation, community service, jail time, and a permanent criminal record[1]. With each subsequent offense, the consequences become more severe.

It’s important to understand how New Jersey law treats shoplifting crimes. The relevant statute is N.J.S.A. 2C:20-11[2], which breaks shoplifting into varying degrees based on the value of merchandise stolen. Charges range from a disorderly persons offense to a second or first degree felony.

For a first shoplifting offense under $200, the crime is a disorderly persons offense. This can result in up to 6 months in jail, a fine up to $1,000, probation, and community service[3]. The record can also be expunged after 5 years.

The penalties quickly escalate for higher value shoplifting crimes:

• $200 to $500 – Up to 18 months in jail[1]
• $500 to $75,000 – 3 to 5 years in state prison[2]
• $75,000 to $150,000 – 5 to 10 years in prison[4]
• Over $150,000 – 10 to 20 years in prison[4]

In addition to the above, all shoplifting crimes also carry a fine up to $10,000. The higher the amount stolen, the steeper the fine[2].

Now here is where prior convictions really increase the penalties. For a second shoplifting offense, the jail term and fines double[2]. For example, a second offense of $200 to $500 shoplifting becomes 3 to 5 years in prison instead of the normal 18 months.

The most severe escalation is for a third shoplifting offense, which mandates a minimum 90 day jail sentence regardless of amount stolen[5]. So even stealing an item under $200 leads to at least 3 months in jail on a third offense. Higher amounts lead to longer mandated minimums, such as 18 months for $500 to $75,000.

For minors charged with shoplifting, the penalties are slightly less severe. They still face fines, probation, and community service, but the mandatory minimum jail sentences for second and third offenses do not apply[5]. However, the offenses still count as priors and will enhance future sentences.

Civil Demands and Penalties

In addition to criminal penalties, shoplifting victims can also impose civil monetary penalties. Store owners can demand up to $150 in civil damages plus the higher of either the merchandise value or $500[3].

Large retailers commonly send civil demand letters requesting several hundred dollars to recover their costs. It’s unwise to pay these without legal guidance, as it can be viewed as admitting guilt. An attorney can negotiate a lower settlement or defend against the demand entirely.

Defenses to Shoplifting Charges

The penalties for shoplifting sound intimidating, but there are defenses an experienced attorney can raise on your behalf. Here are some of the most common ways a skilled lawyer can fight the charges:

• Illegal search – Evidence obtained through an improper search can be excluded
• Misidentification – You were wrongfully identified as the shoplifter
• Mistake – You forgot an item was in your cart or purse by accident
• False accusations – The store has no proof you intended to steal
• Unlawful detention – You were improperly stopped without probable cause

An attorney can also negotiate with the prosecutor for reduced charges or diversion programs, especially for first-time offenders. Programs like Pre-Trial Intervention (PTI) allow charges to be dismissed upon completion of probation and community service.

Don’t Face Shoplifting Charges Alone

Even a single shoplifting charge can carry life-long consequences. For repeat offenders, the penalties quickly compound to devastating levels. Never try to navigate these charges without an experienced criminal defense lawyer. The right attorney has the skills to protect your rights, keep penalties to a minimum, and even avoid a permanent criminal record. Act quickly to get experienced legal help on your side.