Shoplifting Defense 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. Jason A. Volet has more than 19 years of experience handling many types of criminal theft cases in New Jersey. As a former Monmouth County Assistant Prosecutor and certified Criminal Trial Attorney by the Supreme Court of New Jersey, Volet has an intimate understanding of both sides of the law. Today, he focuses exclusively on criminal defense law to serve the people of New Jersey. During his long career as a prosecutor and criminal defense attorney, Jason A. Volet has taken on more than 2,000 cases.
What Are Some Types of Shoplifting Crimes and Penalties in New Jersey?
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.
The potential punishment that you will face if you are convicted of shoplifting in New Jersey primarily will depend on the total value of the stolen items. Under N.J.S.A. 2C:20-11, you could face felony penalties if the value of the items is:
- $75,000 or more – This is a second-degree offense. Individuals convicted of this offense face up to 10 years in prison and a fine of up to $150,000.
- Between $500 and $75,000 – This is a third-degree offense. The penalties for this conviction are a fine of up to $15,000 and three to five years in prison.
- Between $200 and $500 – This is a fourth-degree offense. Individuals convicted of this offense face up to 18 months in prison and a fine of up to $10,000.
If you are found guilty of stealing items worth a combined total of $200 or less, then you would face the penalties for a disorderly persons offense. The severity of that punishment will depend on your prior shoplifting record. If it is a first offense, you may face at least 10 days of community service. For a second offense, the required community service term is 25 days and for a third or subsequent offense, the individual is required to serve at least 90 days in jail. The maximum penalties for this offense are 180 days in jail and a fine of up to $1,000.
What Are the Different Grades of Shoplifting Offenses in New Jersey?
New Jersey does not prosecute shoplifting the same way in every case. The charge depends on the value of the stolen goods. New Jersey law separates shoplifting offenses into different levels under N.J.S. § 2C:20-11. Each degree carries different consequences. Even the lowest grade can impact your record.
You need a defense strategy that fits your exact charges. For example:
- Disorderly persons offense (less than $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.
- 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 indictable offense. It is heard in the Superior Court.
- 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.
- Second-degree crime (over $75,000 or organized retail theft) – The most serious shoplifting charges involve merchandise worth over $75,000 or cases tied to an organized retail theft ring. These cases are charged as second-degree crimes and can lead to long prison terms.
- 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.
The specific charge also affects the potential sentence and how your case is handled in court. For example, if the merchandise’s value is questionable, your attorney may challenge the prosecution’s estimate as part of your defense.
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) – 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) – 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) – 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) – Second-degree shoplifting is punishable by five to 10 years in prison and up to $150,000 in fines.
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 About Detention & Interrogation for Shoplifting?
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.
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.
Is It Illegal to Possess Anti-Shoplifting Devices?
It is also a criminal offense to possess an anti-shoplifting device, even if the device is not used. These include keys to unlock merchandise cabinets and devices to remove or deactivate security tags from items as well as items that can be used to open packaging, such as small knives. New Jersey’s law is fairly broad in its definition of anti-shoplifting devices. Possession of an anti-shoplifting device is a disorderly persons offense.
What is the Penalty for Robbery Shoplifting?
Robbery is the act of theft committed through force or the threat of force. When an individual is accused of using force to steal from a retailer, he or she may be charged with robbery. This is a second-degree crime in New Jersey, punishable by five to 10 years in prison and a fine of up to $150,000.
What is Organized Retail Theft Enterprise?
When two or more people are involved in a scheme to transfer stolen merchandise, they may be charged with involvement in a retail theft enterprise. In many cases, involvement in an organized retail theft enterprise is a third-degree crime. If the merchandise stolen was worth $1,000 or more, it is a second-degree crime.
Should I Get a Lawyer for a Shoplifting Charge?
When you are facing a shoplifting charge, never make assumptions about how the jury will rule and never lose hope that you can demonstrate your innocence in court. You always have the right to work with an experienced shoplifting defense attorney and when you do, you significantly increase your chance of having your charge lowered or even dismissed completely. A shoplifting defense attorney in New Jersey can answer your questions today and can get started on your case. Contact The Law Office of Jason A. Volet today to schedule your initial consultation with our office. At The Law Office of Jason A. Volet, you can trust that your lawyer can help you build a strong defense.
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: Yes. A merchant, security personnel, or store employee can legally detain you if they have probable cause to believe you were shoplifting. They’re allowed to hold you in a reasonable manner, for a reasonable amount of time, until law enforcement arrives.
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 lawyer may be able to challenge the evidence or negotiate a plea.
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