The Legal Consequences of Shoplifting in New Jersey: What You Need to Know

Shoplifting is often dismissed as a minor offense, but in New Jersey, it carries serious consequences that can affect your finances, freedom, and future. Whether it’s your first offense or you’ve been charged before, a shoplifting conviction can lead to jail time, steep fines, mandatory community service, and a permanent criminal record.

If you’re facing shoplifting charges, understanding the legal process, potential penalties, and how a shoplifting defense lawyer can help is critical to protecting your rights. This guide provides a detailed overview of shoplifting laws in New Jersey and how skilled legal representation can mitigate the impact of these charges.

What Constitutes Shoplifting in New Jersey?

Shoplifting in New Jersey is classified as a theft crime under N.J.S.A. 2C:20-11. It includes more than just taking merchandise from a store without paying. You can also be charged with shoplifting for actions such as:

• Hiding Items: Concealing merchandise in your clothing or bag to avoid paying.
• Changing Price Tags: Altering or switching price tags to pay less than the original cost of the item.
• Under-Ringing at Checkout: Working with a cashier to intentionally scan items at lower prices.
• Switching Containers: Transferring items from one package to another to pay for a cheaper product.
• Removing Shopping Carts: Taking a store’s shopping cart off the premises without authorization.

New Jersey treats shoplifting as a serious offense, and even a minor incident can lead to significant penalties.

Understanding Shoplifting Penalties in New Jersey

In New Jersey, the penalties for shoplifting vary based on the total value of the goods or services taken. The law divides shoplifting offenses into four distinct categories, with increasing penalties as the value of the theft rises:

• Disorderly Persons Offense: Shoplifting items worth less than $200 is considered a disorderly persons offense. This level of offense may result in up to 6 months in jail, fines up to $1,000, and mandatory community service requirements.
• Fourth-Degree Crime: If the value of the stolen goods is between $200 and $500, the offense is treated as a fourth-degree crime. Those convicted face penalties including up to 18 months of incarceration and a maximum fine of $10,000.
• Third-Degree Crime: For thefts involving goods valued between $500 and $75,000, shoplifting is classified as a third-degree crime. A conviction at this level carries 3 to 5 years of imprisonment and fines as high as $15,000.
• Second-Degree Crime: When the value of the stolen merchandise exceeds $75,000, the shoplifting charge is elevated to a second-degree crime. Consequences include 5 to 10 years of imprisonment and fines reaching up to $150,000.

By examining these categories, it’s clear how the monetary value of stolen items determines the seriousness of the charges. A conviction, regardless of severity, can have significant and lasting repercussions on your future.

Additional Consequences of a Shoplifting Conviction

Shoplifting charges carry more than just legal penalties. Convictions can result in life-altering consequences that extend beyond the courtroom.

Criminal Record

A shoplifting conviction will appear on your criminal record, making it more challenging to:

• Secure employment
• Rent housing
• Apply for college or professional licenses

Mandatory Community Service

New Jersey requires community service for shoplifting convictions:

• First Offense: At least 10 days.
• Second Offense: 15 days.
• Third Offense: Up to 25 days.

Civil Liability

In addition to criminal penalties, shoplifting offenders may face civil lawsuits from retailers seeking compensation for damages, attorney fees, and other expenses.

Defenses Against Shoplifting Charges

Every shoplifting case is unique, and a skilled shoplifting defense lawyer can build a strategy tailored to your situation. Some common defense strategies include:

Mistaken Identity

Retail stores often rely on surveillance footage, which may be grainy or unclear. Your attorney can challenge the accuracy of this evidence if you’ve been misidentified.

Lack of Intent

Shoplifting charges require intent. For example, if you accidentally left a store without paying for an item, this lack of intent could serve as a valid defense.

Unlawful Search or Arrest

If store employees or law enforcement violated your constitutional rights during the investigation or arrest, any evidence obtained through illegal means could be excluded from your case.

How a Shoplifting Defense Lawyer Can Help

Facing shoplifting charges alone can be overwhelming. A knowledgeable criminal defense lawyer will guide you through the legal process and fight for the best possible outcome in your case.

• Challenging Evidence: Your lawyer will review all evidence against you, such as surveillance footage or witness statements, to identify weaknesses in the prosecution’s case.
• Negotiating Reduced Charges: If the evidence against you is strong, your lawyer can negotiate with prosecutors to reduce your charges to a lesser offense or avoid jail time.
• Exploring Diversion Programs: New Jersey offers pretrial intervention (PTI) programs for first-time offenders. Successfully completing the program can result in a dismissal of your charges and an opportunity to expunge your record.
• Protecting Your Future: A shoplifting conviction can have lasting consequences. Your lawyer will work to minimize the impact on your record and your life.

Why You Need a Shoplifting Defense Lawyer

Navigating the legal system without professional representation puts you at a disadvantage. A skilled shoplifting defense lawyer understands the complexities of New Jersey law and will advocate for your rights every step of the way.

Key Benefits of Hiring a Lawyer

• Knowledge of shoplifting laws and penalties.
• Ability to challenge evidence and secure dismissals.
• Negotiation skills to reduce charges or penalties.
• Guidance on clearing your record through expungement.

Steps to Take If You’re Charged with Shoplifting

If you’re facing shoplifting charges in New Jersey, here’s what you should do to protect your rights:

Stay Calm

Avoid making statements or admissions to store employees or police officers. Anything you say can be used against you in court.

Contact a Lawyer

A criminal defense lawyer will evaluate your case, explain your options, and help you build a strong defense.

Avoid Returning to the Store

Many retailers issue trespass notices banning shoplifting suspects from returning to their premises. Violating this ban can lead to additional charges.

Gather Evidence

If there are witnesses who can confirm your version of events, or if you have receipts proving your innocence, provide this information to your lawyer.

Follow Legal Advice

Your lawyer will guide you on how to handle court appearances, plea agreements, and other aspects of your case.

Frequently Asked Questions

Here are some of the most common questions about shoplifting in the state of New Jersey.

Can I be charged with shoplifting for switching price tags?

Yes. Altering or switching price tags is considered shoplifting under New Jersey law, as it is an attempt to deprive the retailer of the full value of their merchandise.

Will shoplifting show up on my record if I’m not convicted?

If you’re arrested for shoplifting but not convicted, the arrest may still appear on your record unless you take steps to have it expunged.

Can shoplifting charges be dismissed?

Yes. Charges can be dismissed if evidence is insufficient, your rights were violated, or you successfully complete a diversion program.

Call Stuart Law for Aggressive Shoplifting Defense in New Jersey

If you’ve been charged with shoplifting in New Jersey, don’t face the legal system alone. At Stuart Law, we understand the stakes and are committed to protecting your rights, your freedom, and your future.

A shoplifting charge doesn’t have to define your life. Call 856-205-4257 or fill out our online form to schedule a free consultation. We help clients in Haddonfield, Voorhees, Mount Laurel and throughout New Jersey.

Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.