If you have been accused of shoplifting in New Jersey, you might wonder how serious the charge against you is. In most instances, shoplifting in New Jersey is categorized as a “disorderly persons offense,” roughly the equivalent of a misdemeanor in other states. But if the value of the stolen merchandise is over $200, the charge is elevated to an “indictable offense,” the equivalent of a felony in other states.
Being convicted of an indictable crime in New Jersey can wreak havoc on your life. Beyond jail time and fines, a conviction can also impact your employment opportunities, ability to secure housing, and even your right to vote. Therefore, when facing an accusation of shoplifting, it is important that you consult with an experienced criminal defense lawyer as soon as possible. The Law Office of Jason A. Volet is here to make sure you know your rights and help you craft a robust defense. Contact us today for a free, confidential consultation.
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What Are the Penalties for Shoplifting in New Jersey?
Under New Jersey law, shoplifting and associated penalties are divided into four categories depending on the value of the stolen merchandise. They break down as follows:
| Value of Merchandise | Classification | Jail Time | Maximum Fines |
| Less than $200 | Disorderly persons offense | Up to 6 months | $1,000 |
| $200–500 | Fourth-degree indictable crime | Up to 18 months | $10,000 |
| $500–75,000 | Third-degree indictable crime | 3-5 years | $15,000 |
| Over $75,000 | Second-degree indictable crime | 5-10 years | $150,000 |
Can I Be Charged with Shoplifting If I Did Not Remove an Item from the Store?
Yes. In New Jersey, an individual can be charged with shoplifting even if they did not physically remove an item from a store without paying. In general, any act committed with the clandestine purpose of acquiring a piece of merchandise for less than the value listed by its merchant runs the risk of a shoplifting accusation.
For example, the following acts also constitute shoplifting even though the merchandise remained in the store:
- Hiding merchandise within a store with intent to remove it without paying.
- Altering, transferring, or removing price tags from merchandise to pay less than its listed price.
- Moving merchandise from its original packaging to pay less than its listed price.
What Is a De Minimis Infraction in New Jersey?
New Jersey recognizes a category of crimes known as de minimis infractions, which may become relevant in cases involving minor forms of shoplifting. If certain criteria are met, a judge may recategorize and dismiss relatively harmless crimes as de minimis if they are so inclined. The governing statute allows judges to dismiss charges in this way if:
- The alleged offense was within the bounds of normal behavior and consistent with the purpose of the law;
- The offense did not cause the harm that the governing law intended to prevent; or
- Extenuating circumstances show that further prosecution of the offense is somehow unreasonable.
Contact a New Jersey Criminal Defense Lawyer
You could face significant legal consequences if you are convicted of shoplifting in New Jersey, including jail time and hefty fines. However, you do not need to face a shoplifting accusation alone. The Law Office of Jason A. Volet is standing by to make sure you know your rights and build a strong defense on your behalf. In many cases, we may even be able to have the charge reduced or dropped altogether. Contact us today for a free, confidential consultation with an experienced criminal defense attorney.
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About the Author
Jason A. Volet
Certified by the Supreme Court of New Jersey as a criminal trial attorney, Jason A. Volet focuses his practice exclusively on criminal and municipal defense in New Jersey and New York. He earned his B.A. in political science from Rutgers College in 1995 and his J.D. from the Hofstra University School of Law in 1998. Mr. Volet began his career in the Monmouth County Prosecutor’s Office, where he gained extensive experience prosecuting both juvenile and adult offenders. Now, as a criminal defense attorney, he uses that experience to fight for the rights of individuals who have been charged with a crime.
