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NJ Shoplifting Charges

NJ Shoplifting Charges – What You Need to Know

Shoplifting charges in New Jersey can have serious consequences, so it’s important to understand the laws and potential penalties if you are accused. This article provides an overview of common questions and issues related to NJ shoplifting cases.

What Constitutes Shoplifting in New Jersey?

New Jersey law defines shoplifting broadly under N.J.S.A. 2C:20-11. You can face charges for more than just concealing merchandise and leaving a store. Shoplifting also includes:

  • Altering price tags or barcodes
  • Transferring merchandise to another container
  • Under-ringing items at checkout
  • Possessing devices to remove security tags

The key is that the state must prove you intended to deprive the merchant of the full value of the merchandise. If it was an honest mistake, you likely won’t face charges.

How Serious Are Shoplifting Charges in NJ?

Shoplifting charges range from a disorderly persons offense to a second-degree felony depending on the full retail value of the merchandise involved:

  • Less than $200 – Disorderly persons offense, up to 6 months in jail and $1,000 fine
  • $200 to $500 – 4th degree crime, up to 18 months in jail and $10,000 fine
  • $500 to $75,000 – 3rd degree crime, up to 5 years in prison and $15,000 fine
  • Over $75,000 – 2nd degree crime, up to 10 years in prison and $150,000 fine

The penalties get harsher if it involves organized retail theft with others. The store can also pursue civil damages.

What Happens if a Minor Shoplifts in NJ?

Juvenile shoplifting cases are handled in family court rather than criminal court. But penalties can still include fines, community service, counseling, and time in a juvenile detention facility depending on the value of merchandise stolen.

What Defenses Can I Raise Against Shoplifting Charges?

Some possible defenses include:

  • Lack of intent – If it was an honest mistake or misunderstanding
  • Mistaken identity – You weren’t the person caught shoplifting
  • Duress – You were coerced or threatened into doing it
  • Consent – The store gave you permission to take the item
  • Age-related defenses – If you are a minor

An experienced criminal defense attorney can evaluate the evidence and determine the best defense strategy for your specific case.

Can I Get the Charges Dismissed or Downgraded?

It may be possible to get shoplifting charges dismissed or downgraded to a lesser offense, such as a municipal ordinance violation. This depends on the circumstances of the case and your criminal history.A defense attorney can argue it was a de minimis infraction not warranting prosecution or try to negotiate a favorable plea deal with reduced penalties.

What Should I Do if Charged With Shoplifting in NJ?

If you are facing shoplifting charges in New Jersey, here are some tips:

  • Remain silent and avoid making statements to police – anything you say can be used against you
  • Hire an experienced criminal defense lawyer as soon as possible
  • Follow your lawyer’s advice about whether to fight the charges at trial or try to plea bargain
  • Compile evidence and witnesses that may help your case
  • Be prepared to pay fines, complete community service, attend counseling, or serve jail time if convicted

Shoplifting charges should not be taken lightly. The penalties can harm your finances, freedom, and future opportunities. An knowledgeable attorney can protect your rights and help achieve the best resolution of the case. Don’t hesitate to seek legal help if accused of shoplifting in New Jersey.

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