Shoplifting Attorney in New Jersey - N.J.S.A. 2C:20-11

Being charged with shoplifting does not mean your life is over. A shoplifting conviction could mean a jail term, a large fine, and the social stigma of having a criminal record – but a charge is not a conviction.

You could defend your case against a shoplifting charge and walk free with the right legal strategy. Working with an experienced New Jersey shoplifting attorney is an investment in your future liberty and social standing.

What Are the Penalties for Shoplifting in New Jersey?

Shoplifting penalties in New Jersey depend on the grade of offense, your prior convictions (if any), and aggravating factors. Jail time is possible at every level, even for a first offense involving low-value merchandise. If the case is an indictable offense (felony), it goes through the Superior Court, and the consequences are more serious. For example:

• Disorderly persons offense (under $200) – If the merchandise is worth under $200, you may face a disorderly persons charge. The case will go through the municipal court. It’s not an indictable (felony-level) offense. Still, the punishment depends on your prior shoplifting record. This charge is punishable by up to six months in jail, up to $1,000 in fines, and mandatory community service. If it is your first offense, you will likely face at least 10 days of community service. For a second offense, the required community service term is 25 days. You must serve at least 90 days in jail for a third or subsequent offense.
• Fourth-degree crime ($200–$500) – If the value of the stolen items is between $200 and $500, the offense is a fourth-degree crime. This charge is the lowest level of an indictable offense. It is heard in the Superior Court. Fourth-degree shoplifting is punishable by up to 18 months in prison and up to $10,000 in fines.
• Third-degree crime ($500–$75,000) – Shoplifting property worth over $500 but less than $75,000 is a third-degree crime. The charge can apply even in a first-time offense. The penalties can include fines and years in prison. A third-degree charge is punishable by three to five years in prison and up to $15,000 in fines.
• Second-degree crime (over $75,000 or part of organized retail theft) – If the value of the stolen items is between $200 and $500, the offense is a fourth-degree crime. This charge is the lowest level of an indictable offense. It is heard in the Superior Court. Second-degree shoplifting is punishable by five to 10 years in prison and up to $150,000 in fines.
• Aggregation of multiple thefts – Prosecutors can add the value of items from different incidents if they allege they were part of a single plan or scheme. This tactic can turn a lower-level charge into a more serious one.

A shoplifting conviction also carries collateral consequences. First, you risk a driver’s license suspension. A license suspension is not mandatory, but some judges include it as part of sentencing—especially if a person has prior offenses or has violated probation.

If you are not a U.S. citizen, you may face immigration consequences. A conviction could lead to deportation proceedings. Finally, a shoplifting conviction could make finding and keeping jobs harder, especially if you work in education, banking, or healthcare. A criminal record can create issues when applying for professional licenses or undergoing background checks.

Fortunately, a shoplifting charge doesn’t always lead to a conviction. You may have opportunities to challenge the evidence, negotiate the offense level, or resolve your shoplifting case through a diversion program.

What We Can Do To Help When You Face Shoplifting Charges in New Jersey

Many people underestimate how serious a shoplifting charge can be. When you work with us, we will immediately investigate and explore ways to challenge the charges, including:

• Reviewing police reports and charging documents
• Examining surveillance footage and other available evidence
• Evaluating witness statements
• Identifying procedural errors or constitutional violations
• Assessing whether the prosecution can meet its burden of proof

Every shoplifting case is different. In some situations, misunderstandings or mistaken identity can lead to reduced or dismissed charges. In others, insufficient evidence or law enforcement’s mistakes may provide grounds for challenging the charges.

Throughout the process, we will remain actively involved in your defense. You can expect our law firm to:

• Stay in contact with you throughout your case
• Explain your legal rights and available options
• Develop a defense strategy tailored to your circumstances
• Advocate for your interests during negotiations and court hearings
• Pursue every available opportunity to get a favorable outcome

With proper legal representation, you may be able to avoid a guilty verdict. In some cases, charges may even be dropped before trial.

If you have been accused of shoplifting in New Jersey, don’t wait to get legal help. The sooner we’re involved, the sooner we can protect your rights and begin building a strong defense on your behalf.

Why Hire The Law Office of Jason A. Volet for Your Shoplifting Case?

Even a minor shoplifting conviction can carry serious, life-changing consequences, including criminal penalties and loss of opportunities. With your future on the line, choosing the right attorney becomes critical.

The Law Office of Jason A. Volet has nearly 30 years of criminal law experience. Our founding attorney, Jason, has handled more than 4,000 cases throughout his career as a prosecutor and a criminal defense attorney, giving him an insider’s knowledge of how the prosecution evaluates evidence and builds cases. Today, he uses that knowledge to identify weaknesses in the state’s case and develop effective defense strategies.

In addition to his extensive experience, Jason Volet has earned certification by the Supreme Court of New Jersey as a Criminal Trial Attorney. This distinction reflects his advanced experience and proficiency in criminal law and trial advocacy. Few attorneys achieve this certification.

Clients also benefit from our strong professional reputation and industry recognition. Jason has received recognition from respected legal organizations and publications, including Super Lawyers and Martindale-Hubbell. His legal knowledge and commentary have also been featured by well-known media outlets, including:

• CBS News
• KSL.com
• ABA Journal

Most importantly, Jason has earned the respect and appreciation of clients who trusted him during some of the most difficult moments of their lives. Our firm has an impressive 4.9-star rating across more than 100 Google reviews.

“I highly recommend Jason Volet to anyone seeking a skilled and reliable attorney. Jason always made himself available and answered all my questions promptly and honestly. Jason was a consummate professional during all our conversations and especially in the courtroom. Jason was able to secure the best possible outcome for my situation, and I truly appreciate his diligence for my case,” says  Matthew, a former client.

When you choose The Law Office of Jason A. Volet, you get a seasoned criminal defense attorney who understands the stakes and is committed to protecting your rights at every stage of the process.

Our Results in New Jersey Shoplifting Cases

After starting his career as a prosecutor, attorney Jason A. Volet has exclusively focused on criminal defense and fighting to protect the rights of those throughout New Jersey who have been charged with criminal offenses. His record includes numerous shoplifting cases, including: 

• Amended Shoplifting Charge

Our client faced a shoplifting charge. We worked with the prosecution to get the charge amended to an ordinance violation, carrying only fines. State v. J.M. (2025)

• Probation After Shoplifting Charge

Our client, facing a shoplifting charge, had a lengthy criminal history. The client received probation after we presented evidence of mitigating circumstances and treatment efforts. 

The case results do not guarantee similar outcomes in future cases. Instead, they show the depth of our experience in New Jersey shoplifting cases. Every case is different, and the result in any matter depends on the unique facts, applicable law, evidence, and other circumstances.

What Are Common Types of Shoplifting Crimes?

You can be charged with shoplifting for committing a number of different acts. Those acts include:

• Concealing small items within larger items (such as putting jewelry in a purse while you are shopping and then paying for only the purse at checkout)
• Changing price tags on items (typically, taking the tag from a similar, lower-priced item and putting it on the higher-priced item)
• Removing a shopping cart from its premises without the store’s permission
• Concealing items in one’s clothing or pockets and walking out of a store without paying for the items.
• “Under-ringing” an item (a cashier can commit this offense by purposely ringing an item up for less than its actual price)
• Damaging items or removing them from their packages so they appear to have been previously owned by the offender.

Common Places Where Shoplifting Charges Occur in New Jersey

Shoplifting allegations can happen at nearly any retail establishment in New Jersey. Major retailers and shopping centers often employ aggressive loss prevention tactics, which can lead to innocent shoppers being targeted due to simple misunderstandings or distracted behavior at self-checkout lanes.

At The Law Office of Jason A. Volet, we have successfully defended clients accused of shoplifting at a wide variety of locations across the state, including the following:

Large retailers have extensive resources and work closely with local law enforcement to prosecute these cases. Having an experienced shoplifting defense attorney by your side is the best way to level the playing field and protect your rights.

What Are Diversion Programs?

Although individuals charged with disorderly persons shoplifting cannot participate in diversion programs, those charged with second, third, and fourth-degree shoplifting who have otherwise clean records can participate in New Jersey’s Pretrial Intervention (PTI) program. Through this program, the individual avoids conviction by completing specific conditions, some of which are standard for all PTI program participants and others that are at the court’s discretion. Required conditions include random urine tests and assessment for fines. Additional conditions can include:

• Paying restitution
• Completing community service
• Psychological counseling
• Completing a drug or alcohol treatment program

A PTI program takes one to three years to complete, during which time the participant is monitored by a probation officer.

New Jersey Shoplifting FAQs

Here are some of the most common questions we receive about shoplifting charges in New Jersey:

 

Q: Can a store owner or merchant detain someone for shoplifting?

A: When a security guard, merchant, or law enforcement officer has probable cause to believe an individual has shoplifted, he or she can detain and interrogate the individual. There are specific conduct rules for this process, which include:

• The detention and interrogation must not take an unreasonable amount of time.
• An unreasonable level of physical force may not be used.
• The detention and interrogation must be done in a reasonable manner.

Detained individuals have rights, including the right not to speak with an officer or other detaining party without first consulting with a lawyer.

Q: Can I go to jail if I am convicted of shoplifting?

A: Yes. Jail is possible for any shoplifting conviction in New Jersey. Even a disorderly persons offense can result in up to six months in jail. If you’ve been convicted before, jail time is more likely.

Q: Does New Jersey consider shoplifting a felony or a misdemeanor?

A: It depends on the value of the merchandise. If it’s less than $200, it’s a disorderly persons offense (misdemeanor). Anything over $200 is considered an indictable crime (felony).

Q: What must the prosecutor prove to convict you of shoplifting?

A: The prosecution must show that you purposely took or attempted to take merchandise without paying for it. Alternatively, the prosecution must prove that you intended to deprive the store of the merchandise’s value by, for instance, concealing items, altering price tags, or walking out without paying.

Q: Can you be charged with shoplifting even if you didn’t leave the store?

A: Yes. Putting items in your bag, switching tags, or acting in a way that shows intent to steal an item can still lead to charges.

Q: What happens if I accidentally leave the store with an item?

A: If it was a mistake, it will likely be part of your defense. If there’s no evidence that you meant to steal, your lawyer may be able to get the charge dismissed.

Q: What happens if a minor faces a shoplifting charge in New Jersey?

A: Juvenile cases go through the Family Court. A minor could still face community service, counseling, probation, detention, and other consequences.

Q: What is the statute of limitations for shoplifting?

A: For disorderly persons offenses, prosecutors have one year to file charges. For indictable offenses, the statute of limitations is five years.

Q: Can I get my shoplifting charge dismissed or downgraded?

A: In some cases, yes. You may be eligible for alternative sentencing. Depending on the evidence, your theft lawyer may be able to challenge the evidence or negotiate a plea.

Visit Our New Jersey Shoplifting Defense Law Offices