Shoplifting Charges in New Jersey

In New Jersey, shoplifting falls under the theft statutes. The law establishes degrees of shoplifting charges based on the full retail value of the merchandise taken. Prosecutors tend to take a tough stance on retail theft offenses, but an experienced criminal defense attorney can often negotiate a better outcome.

Some key things to know:

• Shoplifting is a crime in NJ regardless of the value of the items taken. Even stealing an item worth a few dollars can lead to criminal charges.
• The penalties get more severe as the value of the goods increases.
• Juveniles face the same shoplifting penalties as adults in criminal court. However, youths may have more diversion options.
• The value of the merchandise determines whether shoplifting is a disorderly persons offense or more serious indictable offense.

Disorderly Persons Shoplifting Charges

The lowest level shoplifting charges in New Jersey fall under the disorderly persons statute. This applies when the full retail value of the goods stolen totals less than $200.

Disorderly persons shoplifting is still a criminal offense, but it is a less serious misdemeanor charge compared to indictable crimes. Penalties can include:

• Up to 6 months in jail
• Fines up to $1,000
• Community service
• Probation

The prosecutor must prove the defendant purposely took merchandise without paying with the purpose of keeping it for themselves or others.

Indictable Shoplifting Charges

In New Jersey, shoplifting merchandise worth $200 or more leads to more serious “indictable” criminal charges. Indictable offenses were previously called felonies. Unlike disorderly persons charges, indictable shoplifting charges come with the possibility of state prison time.

3rd Degree Shoplifting

When the full retail value of the shoplifted goods totals between $200 and $500, defendants face 3rd degree shoplifting charges. This is the lowest level indictable charge. Penalties can include:

• 3-5 years in NJ state prison
• Fines up to $15,000
• Restitution

2nd Degree Shoplifting

Shoplifting merchandise worth anywhere from $500 up to $75,000 leads to 2nd degree shoplifting charges. This is a more serious indictable offense. Defendants face stiffer penalties:

• 5-10 years in prison
• Fines up to $150,000
• Restitution

1st Degree Shoplifting

The most serious shoplifting charge in New Jersey applies when the full retail value exceeds $75,000. First degree charges come with longer prison exposure:

• 10-20 years in prison
• Fines up to $200,000
• Restitution

As you can see, the shoplifting penalties quickly escalate based on the value of the merchandise stolen. The thresholds were set by the state legislature to impose harsher punishment for large-scale retail theft crimes.

Defenses to Shoplifting Charges

Facing shoplifting charges can be an overwhelming experience. The penalties seem designed to intimidate people into accepting plea deals that lead to a permanent criminal record.

However, working with an experienced New Jersey shoplifting defense attorney can help you avoid being convicted in many cases. There are a number of legal defenses that apply to retail theft allegations:

You Didn’t Take the Items – Mistaken identification is common. Store personnel may accuse the wrong person of stealing items. Without strong proof you committed the theft, the charges can often be beat.

You Intended to Pay – Essential elements the state must prove are you purposely concealed merchandise and intended to steal it. If you simply forgot items in your cart or encountered issues at checkout, it weakens the criminal charges.

Mental Health Issues – Shoplifting crimes frequently involve people suffering from mental illness like kleptomania. This can provide grounds for counseling or diversion programs instead of jail.

Wrong Value Amount – Overcharging the value is another common prosecutor tactic aimed at enhancing penalties. Successfully challenging monetary amounts can reduce the shoplifting degree.

Juvenile Diversion Programs – First-time youth offenders often qualify for pretrial intervention or diversionary programs resulting in dismissed charges after completing all requirements.

Getting Legal Help for Shoplifting Charges

Don’t take chances with your future if you or a loved one faces shoplifting allegations in New Jersey. The penalties seem designed to intimidate people into pleading guilty without a fight.

However, an experienced criminal defense lawyer can carefully examine the accusations and build an aggressive defense challenging flawed evidence and procedural errors. In many cases, we’ve been able to get charges significantly reduced or dismissed entirely through effective legal representation.

To discuss your best defense options, contact our shoplifting defense attorneys online or call our office to set up a confidential case review. We represent clients facing retail theft charges throughout New Jersey. Our firm has successfully defended thousands of theft crimes in municipal courts statewide.