What are the penalties for shoplifting in New Jersey?

What are the Penalties for Shoplifting in New Jersey?

Shoplifting is a pretty common offense in New Jersey that many people don’t think is a big deal. But it can actually lead to some pretty serious penalties if you get caught and convicted. Let’s break down what shoplifting is, the different types of charges, and what kind of fines or jail time you could face if convicted.

What is Shoplifting in New Jersey?

Under New Jersey law, shoplifting refers to five different illegal acts [1]:

• Purposefully taking merchandise without paying for it
• Concealing merchandise
• Converting merchandise like changing a price tag
• Transferring merchandise to another container
• Under-ringing merchandise, charging less than the actual price

So shoplifting doesn’t just mean slipping something into your pocket or bag and walking out of the store. If you alter a price tag, hide an item in your clothes, or lie about what something costs at checkout, you could be charged with shoplifting in New Jersey.

Degrees of Shoplifting Charges

There are a few different degrees of shoplifting charges in New Jersey, depending on how much the stolen merchandise is worth [2]:

• Disorderly Persons Offense – For merchandise less than $200, this can lead to fines up to $1,000 and up to 6 months in jail
• 4th Degree – For merchandise between $200-$500, penalties can include up to 18 months in jail and fines up to $10,000
• 3rd Degree – For merchandise between $500-$75,000, penalties can include 3-5 years in prison and fines up to $15,000
• 2nd Degree – For merchandise over $75,000, penalties can include 5-10 years in prison and fines up to $150,000

As you can see, the penalties get a lot harsher as the value of the stolen merchandise increases. Even a minor shoplifting incident under $500 can land you in jail for over a year if convicted.

Fines and Community Service

In addition to potential jail time, shoplifting convictions often involve heavy fines. Even a disorderly persons offense for stealing less than $200 of merchandise can result in a $1,000 fine. The fines go up dramatically for higher degree offenses [3].

Many convictions will also require community service. For a first offense, you’ll likely have to perform at least 10 days of community service. For a second offense, expect at least 15 days, and even more for additional offenses [3].

Defenses Against Shoplifting Charges

There are a few potential defenses if you’ve been wrongfully accused of shoplifting [6]:

• You didn’t intend to shoplift – For example, if you simply forgot an item was in your cart or pocket by accident.
• You have evidence the merchandise was paid for – Like a receipt or bank statement.
• You were falsely accused – The store associates made a mistake in identifying you.
• Illegal search – You were searched without probable cause or consent.

An experienced criminal defense lawyer can review the details of your case and build the strongest defense to fight the charges. Don’t just plead guilty without exploring your options.

Diversionary Programs

New Jersey allows first-time shoplifting offenders to enter diversionary programs that can lead to avoiding a criminal conviction altogether. These programs require completing certain conditions, like paying restitution, performing community service, attending counseling, or writing an essay [2].

If you successfully complete the program, the charges are dismissed and you avoid having a permanent criminal record. This can help preserve your job prospects and avoid other collateral consequences of a conviction.

Expungement

If you do end up with a shoplifting conviction in New Jersey, you may be able to have your record expunged after 5 years. Expungement seals the record from your criminal background checks, allowing you to answer “no” if asked whether you have convictions [4].

This can open up educational and employment opportunities that may have been denied due to your criminal record. An experienced attorney can guide you through the expungement process.

Federal Charges

In some cases, New Jersey shoplifting offenses can also lead to federal charges, which can involve even harsher penalties. For example, this can happen if you cross state lines while shoplifting or use electronic means like disabling security tags [5].

A federal shoplifting conviction can remain permanently on your record and is very difficult to expunge. So it’s critical to hire a lawyer experienced in both state and federal criminal defense.

Immigration Consequences

Any criminal conviction can negatively impact your immigration status if you are not a U.S. citizen. Shoplifting is no exception. Even a minor shoplifting offense can potentially lead to deportation proceedings [6].

An experienced criminal defense attorney may be able to negotiate a plea deal that avoids negative immigration consequences. This is critical for non-citizens facing shoplifting charges in New Jersey.

Juvenile Charges

Shoplifting charges against juveniles are handled differently than adults in New Jersey. The penalties are typically less severe, focused on rehabilitation rather than punishment. However, the charges can still appear on a juvenile’s record and impact college applications and future job prospects [4].

It’s important for parents to hire an attorney experienced in juvenile defense to protect their child’s future. Diversion programs and record expungement are often good options for first-time youth offenders.

Getting Legal Help

As you can see, a shoplifting charge in New Jersey is not something to take lightly. Even a minor offense can carry life-long consequences. The penalties only get harsher as the degree of the offense increases.

Having an experienced criminal defense lawyer is critical to build the strongest case and pursue the best possible outcome. This includes getting charges reduced or dismissed, avoiding a permanent criminal record, and minimizing any fines or jail time.

Don’t wait to seek legal help if you or a loved one is facing shoplifting charges in New Jersey. A skilled attorney can review the details of your case and start building a defense strategy right away.