Fourth Degree Shoplifting: A Guide for New Jersey Residents

Shoplifting is a common crime that many people may be tempted to commit at some point, especially around the holidays. However, in New Jersey, shoplifting is taken very seriously and can result in felony charges and jail time depending on the value of merchandise stolen.

One of the most common shoplifting offenses charged in New Jersey is Fourth Degree Shoplifting. This article will provide an overview of Fourth Degree Shoplifting charges in New Jersey, including the law, penalties, defenses, and what to do if you are facing charges.

What Constitutes Fourth Degree Shoplifting in New Jersey?

Under New Jersey law, shoplifting is graded based on the full retail value of the merchandise stolen (N.J.S.A. 2C:20-11). Fourth Degree Shoplifting applies when the full retail value of the merchandise stolen is at least $200 but does not exceed $500.

Some examples of Fourth Degree Shoplifting would include:

• Stealing a $300 designer purse from a department store
• Shoplifting $400 worth of DVDs from a retail store
• Taking $250 worth of cosmetics from a pharmacy

Any shoplifting under $200 is considered a disorderly persons offense in New Jersey. Higher value shoplifting over $500 can be charged as Third Degree or Second Degree crimes.

Penalties for Fourth Degree Shoplifting in New Jersey

A conviction for Fourth Degree Shoplifting is considered a felony offense in New Jersey. Potential penalties include:

• Up to 18 months in prison
• Fines up to $10,000
• Mandatory minimum penalties such as:
  • 10 days community service for a first offense
  • 15 days community service for a second offense
  • 25 days community service for a third or subsequent offense

In addition to fines and jail time, a felony conviction will result in a permanent criminal record that can affect future employment, education, and other opportunities. Those convicted may also be banned from the store or retail establishment they stole from.

Defenses to Fourth Degree Shoplifting Charges

There are several legal defenses that a knowledgeable criminal defense attorney can raise if you are facing Fourth Degree Shoplifting charges:

• You did not intend to shoplift: One defense is that you did not intentionally conceal merchandise or pass the point of sale with the intent of stealing. For example, you may have simply forgotten an item was in your cart or clothing pocket by accident.
• Incorrect value: The prosecutor must be able to prove the full retail value of merchandise stolen to support the charges. If there is evidence the stated value is incorrect or exaggerated, the charges may be reduced.
• Unlawful search: If police conducted an illegal search and seizure of your person or belongings, evidence found may be suppressed.
• Misidentification: Eyewitnesses or security footage may have mistaken someone else as the shoplifter.
• Duress: You may have been coerced into shoplifting by threats of harm from another party.

An experienced criminal defense lawyer can evaluate the details of your case and determine if any of these defenses apply.

Frequently Asked Questions

Can a Fourth Degree Shoplifting charge be downgraded to a disorderly persons offense?

Yes, prosecutors have discretion to downgrade some Fourth Degree Shoplifting charges to disorderly persons offenses. However, they cannot downgrade the charge if it is a third or subsequent shoplifting offense for the accused.

Is a Fourth Degree Shoplifting conviction eligible for expungement? Yes, Fourth Degree convictions in New Jersey are eligible for expungement after 5 years. An expungement can clear the offense from your criminal record.

What happens if I am convicted of multiple shoplifting offenses? The penalties and charges will increase with each subsequent shoplifting conviction. A third or subsequent Fourth Degree Shoplifting charge is subject to a mandatory 90 days of jail time.

Can I be banned from a store if I am convicted of shoplifting there? Yes, stores can issue ban letters prohibiting those with shoplifting convictions from entering their premises. Violating a ban letter could result in trespassing charges.

Should I just plead guilty and accept the consequences? Pleading guilty without consulting an attorney is rarely advisable. An experienced lawyer may be able to negotiate a better outcome such as getting charges downgraded or dismissed.