Understanding New Jersey’s Shoplifting Laws and Penalties

Understanding New Jersey’s Shoplifting Laws and Penalties

Shoplifting can happen for a variety of reasons – perhaps someone is struggling financially and steals out of desperation, or maybe a teen gets dared by friends and makes an impulsive mistake. But regardless of the circumstances, shoplifting is against the law in New Jersey and carries real consequences. This article will explain New Jersey’s shoplifting laws, typical penalties, and defenses that a skilled attorney may use to help accused shoplifters.

Overview of Shoplifting Laws in NJ

New Jersey’s shoplifting law is covered under N.J.S.A. 2C:20-11. This law categories shoplifting into three types of offenses based on the value of merchandise stolen:

• Disorderly Persons Offense – stealing items totaling less than $200
• 4th Degree Crime – stealing items totaling $200 to $500
• 3rd Degree Crime – stealing items totaling over $500

The exact penalties you face depend on which offense you are charged with. Let’s take a closer look at each category.

Penalties for Disorderly Persons Shoplifting

If you are accused if stealing merchandise worth less than $200, you would be charged with a disorderly persons offense. This is the least serious shoplifting charge in New Jersey.

However, don’t let the name fool you – a disorderly persons conviction can still carry fines up to $1,000, plus up to 6 months in jail. Many people are surprised that relatively minor shoplifting can potentially result in jail time.

In addition to fines and possible jail time, a disorderly persons conviction also goes on your permanent criminal record. This can impact future employment, housing applications, and other areas of your life for years to come.

Penalties for 4th Degree Shoplifting Crimes

If the total value of merchandise you allegedly stole is between $200 and $500, you would face a 4th degree shoplifting charge in New Jersey. This elevates shoplifting from a disorderly persons offense to an actual felony crime.

Potential penalties for 4th degree shoplifting include:

• Up to 18 months in prison
• Fines up to $10,000
• Permanent criminal record

In addition to the above penalties from the court, those convicted of shoplifting may also face civil demands from the store. Large retailers often hire lawyers who send letters demanding accused shoplifters pay fines of several hundred dollars. It’s best to have an attorney review any civil demand letters before responding.

Penalties for 3rd Degree Shoplifting

The most serious shoplifting charge in New Jersey applies when merchandise totaling over $500 is stolen. This elevates the crime to a 3rd degree offense.

Shoplifters convicted of 3rd degree crimes can face 3-5 years in state prison, fines up to $15,000, and a permanent felony record. Suffice to say, the consequences here are quite severe.

Aggravating Factors Mean Harsher Penalties

Keep in mind that there are certain circumstances that can enhance shoplifting penalties in New Jersey. For example, penalties will be more severe if:

• Violence or weapons were used
• An organized “shoplifting crew” was involved
• You have prior shoplifting convictions
• Stolen merchandise contains personal identifying info

Depending on the situation, enhanced charges like robbery may also come into play when violence or weapons are used.

Diversion Programs May Offer an Alternative to Jail

Luckily, experienced criminal defense lawyers can sometimes negotiate alternative programs in lieu of jail time for those facing shoplifting charges.

For example, first-time offenders may be eligible for Pre-Trial Intervention (PTI). This program places you on probation and requires completing certain conditions, such as community service, fines, and/or counseling. If successfully completed, charges are dropped without a conviction on your record.

PTI provides a second chance to avoid the lasting impact of a permanent criminal record. Restrictions apply, but an experienced attorney can advise if you may qualify.

Common Defenses to Fight Shoplifting Charges

The best defense against a shoplifting charge depends on the specific details of your case. An attorney will look at all angles to build the strongest defense. Some common defenses include:

You Didn’t Actually Steal Anything

Mistaken identity is more common than you may think when stores make shoplifting allegations. If you were wrongly accused but never actually stole anything, an attorney can fight the charges entirely.

Lack of Criminal Intent

In order to be convicted, the prosecution must prove you intended to steal merchandise. For example, if you simply forgot an item was on the bottom of your cart under other purchases, you lacked intent.

Unlawful Search or Detention

Stores cannot unlawfully search personal belongings or detain people without proper cause. Any evidence found in an unlawful search would be inadmissible.

Mental Health Issues

In cases where mental illness contributed to the offense, attorneys may use this as a mitigating factor to reduce charges to a lesser offense.

This is just a sample of defenses an experienced lawyer may use to fight shoplifting allegations. Defenses depend greatly on the specifics of each case.

What to Do If You or a Loved One Is Accused of Shoplifting

If you or someone you love has been accused of shoplifting in New Jersey, stay calm but act quickly. Shoplifting charges must be taken very seriously, as penalties can be severe even for first offenses.

Here are some steps to take:

Remain Silent

Do not admit guilt or make statements to police. Be polite but clearly invoke your right to remain silent until you speak to an attorney.

Hire an Attorney ASAP

Contact an experienced New Jersey shoplifting defense lawyer immediately. Do not delay. An attorney can negotiate with prosecutors, defend your rights, and potentially have charges lowered or dismissed.

Take It Step by Step

Your attorney will handle contacting the courts and prosecutors while keeping you informed each step of the way. Listen to their guidance as they fight for the best possible outcome.

While shoplifting allegations seem overwhelming at first, an experienced lawyer can make a huge difference in the outcome of your case. The penalties for shoplifting charges are no joke in New Jersey. Protect yourself and your future by getting top legal representation right away.