Under New Jersey law, shoplifting is a serious offense with potentially harsh penalties, including fines and incarceration. When you face a shoplifting charge, the consequences of a conviction may be one of many factors you consider when choosing a defense strategy. So, it will be essential for you to understand New Jersey’s shoplifting laws and penalties.
This article reviews the potential penalties of a New Jersey shoplifting conviction. To learn more about the consequences you could face and discuss your possible defense strategies, contact us today at The Law Office of Jason A. Volet. We can provide a free and confidential consultation.
How Does New Jersey Law Define Shoplifting?
Many acts can lead to charges under New Jersey’s shoplifting law, or N.J.S. § 2C:20-11. The law defines “shoplifting” as intentionally doing any of the following:
- Taking, moving, or causing someone else to take merchandise from a store without paying the full retail price for the merchandise
- Hiding goods to avoid paying and depriving the store of their use or value
- Changing or swapping price tags to buy items for less than their full price
- Moving merchandise into a different container to avoid paying the full value
- Intentionally under-ringing merchandise to pay less than its worth
- Taking a shopping cart without planning to return it.
How Does the Value of the Merchandise Affect Shoplifting Penalties in New Jersey?
New Jersey’s shoplifting penalties largely depend on the value of the merchandise. To determine the value, prosecutors use the combined total of all the merchandise you allegedly stole as part of a single scheme or course of conduct or in connection with an organized retail theft enterprise.
The following is the range of penalties you can face based on the merchandise’s value:
- Less than $200 (disorderly persons offense) – Up to six months in jail, a fine of up to $1,000, or both
- Between $200 and $500 (fourth-degree crime) – Up to 18 months in prison and a fine of up to $10,000
- More than $500 but less than $75,000 (third-degree crime) – Three to five years in prison and a fine of up to $15,000.
- More than $75,000 (second-degree crime) – Five to 10 years in prison and a fine of up to $150,000.
You may also need to pay restitution if you are convicted of shoplifting in New Jersey. In other words, a court may order you to reimburse a merchant for the value of the allegedly stolen merchandise.
Can I Go To Jail If It is My First Offense?
Whether you go to jail or prison for a first-time shoplifting offense depends on the specific facts of your case. For instance, if you are a first-time offender and/or the total value of the allegedly stolen merchandise is minimal, the court may order you to serve probation instead of time in custody. However, if you are convicted of stealing merchandise with a high value or as part of an organized retail theft enterprise, you could face incarceration.
If you are a first-time offender who qualifies for the New Jersey Pre-Trial Intervention Program (PTI), and you meet all the program’s conditions, you may be able to avoid a shoplifting offense altogether.
How Do the Penalties Differ If It Is My Second or Third Shoplifting Offense?
If you are convicted of a second or subsequent shoplifting offense in New Jersey, you will face more severe penalties than a first-time offender. For instance, a court can order you to serve at least 10 days of community service for a first offense. However, a court may order you to serve at least 15 days of community service if it is a repeat shoplifting offense, and at least 25 days of community service for a third or subsequent offense. Also, a court must impose a minimum 90-day sentence if you are convicted of a third or subsequent offense.
What Happens If the Shoplifter Is a Minor?
Even though a shoplifting case involving a minor, or “juvenile,” may be tried in Family Court in New Jersey, the consequences of a conviction can still be severe and carry long-term implications. Fortunately, New Jersey provides diversion programs that help young people avoid the harsh consequences of a shoplifting conviction. If you are a juvenile who agrees to undergo counseling, perform community service, make restitution, and complete all other requirements, you may be able to get your shoplifting charge dismissed.
What Are Some Possible Defenses for New Jersey Shoplifting Charges?
Attorney Jason A. Volet began his career as a prosecutor in cases involving adults and juveniles, including theft crimes. Today, as a criminal defense attorney, he uses that experience to fight for the rights of those charged with crimes such as shoplifting.
When you work with The Law Office of Jason A. Volet, you can count on us to explore all your possible shoplifting defenses, which could include the following:
- Lack of intent – If you left a store with merchandise because you mistakenly thought you’d paid for it or forgot you had it, you could argue you had no intent to steal the items.
- Mistaken identity – People who think they witnessed a person commit shoplifting may misidentify the person. Misidentifications can also occur when people view lineup photos or surveillance camera video footage.
- Constitutional violations – If police obtained any statements or other evidence against you in a way that violated your constitutional rights, that evidence could be excluded from your case and lead to a dismissal of your shoplifting charge.
- Entrapment – The idea to steal the merchandise may have come from a law enforcement officer or one of the store’s agents, not you.
Is It Possible to Have a New Jersey Shoplifting Charge Expunged?
Even if you are convicted of a shoplifting offense in New Jersey, you may be eligible to get the charge expunged if you:
- Wait at least five years after you have completed your shoplifting sentence
- Pay all related costs, fines, and restitution
- Have no other charges pending against you.
If you participate in the PTI program, you can seek expungement of the shoplifting charge six months after you complete the program’s requirements.
The expungement process can be challenging. So, having an experienced criminal defense lawyer guide you through the process is essential.
What Is the New Jersey Statute of Limitations for a Shoplifting Charge?
The statute of limitations that applies to a shoplifting charge in New Jersey depends on the level of the offense. The statute of limitations is one year for a disorderly persons charge and five years for a shoplifting charge that is an indictable crime. Once the deadline passes, you cannot be charged with that crime.
Contact a New Jersey Shoplifting Defense Lawyer
Your future is at stake when you are charged with shoplifting in New Jersey. Attorney Jason A. Volet is certified by the Supreme Court of New Jersey as a criminal trial attorney. He will know how to develop an effective defense strategy to seek the best possible outcome in your case. Get started on your shoplifting defense today. Contact The Law Office of Jason A. Volet for a free consultation.
