New Jersey JCPenney Shoplifting Attorney

Being accused of shoplifting from JCPenney can lead to serious legal consequences that affect your future. In addition to fines, a shoplifting conviction can result in jail time, community service requirements, and a permanent criminal record that follows you for years.

At the Law Office of Jason A. Volet, we understand the stress and uncertainty of facing shoplifting charges. With years of experience in criminal law and a background as a former Monmouth County Assistant Prosecutor, attorney Jason A. Volet has unique insights into both sides of New Jersey’s criminal justice system. Our firm focuses exclusively on criminal defense, allowing us to employ battle-tested strategies that protect your rights and achieve the results our clients deserve. Call us today or contact us online for a free consultation.

What Is the Definition of Shoplifting?

Under New Jersey law (N.J.S. § 2C:20-11), several different actions constitute shoplifting, including the following:

• Concealing merchandise — Hiding store items in clothing, bags, or other merchandise, with intent to deprive the merchant.
• Price tag switching — Altering, removing, or switching price tags to pay less than full value.
• Under-ringing — Purposely charging less for an item than its actual price (often committed by cashiers).
• Cart removal — Taking a shopping cart from store premises without permission.
• Package tampering — Transferring merchandise to different containers or removing anti-theft devices.
• Leaving without payment — Exiting the store with merchandise without paying the full retail value.

Like other major retailers, JCPenney actively monitors customers for these behaviors through security personnel and surveillance systems.

Is Shoplifting Considered a Felony or a Misdemeanor?

In New Jersey, shoplifting can be classified as a disorderly persons offense (similar to a misdemeanor) or an indictable crime (equivalent to a felony). The charge depends on the value of the merchandise:

• $200 or less — Disorderly persons offense
• Between $200 and $500 — Fourth-degree indictable crime
• Between $500 and $75,000 — Third-degree indictable crime
• $75,000 or more — Second-degree indictable crime.

JCPenney sells a wide range of merchandise, from clothing to jewelry and electronics, making it easy to exceed the $200 threshold, which elevates the charge to an indictable crime.

What Happens If I Am Caught Shoplifting at a New Jersey JCPenney?

If JCPenney’s loss prevention staff suspects you were shoplifting, they will likely:

• Detain you in a private area.
• Ask for the return of the merchandise.
• Request identification.
• Call the local police to come to the store.
• Provide police with surveillance footage and witness statements.

Like many large retailers, JCPenney employs trained security personnel who carefully document suspected shoplifting incidents. They may have been monitoring you through surveillance cameras before approaching you.

During detention, you have rights. The store cannot use excessive force, hold you for an unreasonable time, or conduct an illegal search. Most importantly, you can remain silent and request an attorney before answering questions.

What Are Some Common Defenses for a JCPenney Shoplifting Charge?

Effective defenses against JCPenney shoplifting charges depend on the facts and circumstances of each case. They may include the following:

• Lack of intent — You accidentally placed an item in your bag or forgot to pay.
• Mistaken identity — Security guards confused you with another shopper.
• Improper detention — Store security violated store procedures during detention and/or your constitutional rights.
• Insufficient evidence — The surveillance footage is unclear or incomplete.
• Owner’s consent — You had permission to take or use the item.
• Mental incapacity — You lacked the mental capacity to form criminal intent.

An experienced shoplifting defense attorney will evaluate the specific circumstances of your case to determine the most effective defense strategy.

Can You Go to Jail If This Is Your First Shoplifting Offense?

First-time offenders accused of shoplifting from JCPenney may avoid jail time through options such as the following:

• Pretrial Intervention Program (PTI) — The PTI program is available for some first-time offenders charged with indictable crimes.
• Conditional dismissal programs — These programs may be available for disorderly persons offenses.
• Plea negotiations — In many cases, prosecutors will agree to a reduction in charges or penalties.

If convicted of shoplifting at JCPenney, even a first-time offender could face mandatory community service of at least 10 days. Working with an experienced shoplifting defense attorney will help you build a defense to avoid incarceration.

What Are the Penalties for Shoplifting in New Jersey?

The value of the stolen merchandise primarily determines shoplifting penalties in New Jersey. The following is the range of penalties you could face if you are convicted of shoplifting at a JCPenney:

• Under $200 — A disorderly persons offense, with up to six months in jail and fines as high as $1,000.
• $200-$500 — A fourth-degree crime, with up to 18 months in prison and fines as high as $10,000.
• $500-$75,000 — A third-degree crime, with up to three to five years in prison and fines as high as $15,000.
• Over $75,000 (second-degree crime) — A second-degree crime, with five to 10 years in prison and fines as high as $150,000.

Additionally, the court may order:

• Mandatory community service (10 days for first offense, 15 days for second offense, 25 days for third or subsequent offense)
• Restitution to JCPenney for the value of merchandise
• Probation and regular reporting to a probation officer.

How Long Will a Shoplifting Charge Stay on My Record?

Without expungement, a shoplifting conviction remains on your record permanently, potentially affecting:

• Employment opportunities
• Housing applications
• Educational opportunities
• Professional licensing
• Immigration status
• Credit applications.

Can a JCPenney Shoplifting Charge Be Expunged?

Shoplifting charges can be expunged from your New Jersey record, but the following waiting periods may apply in the following situations:

• Dismissed charges — No waiting period required.
• Successful PTI completion — Six months after program completion.
• Disorderly persons conviction — Five years after completing the sentence (possibly three years in some instances).
• Indictable crime conviction — Five years after completing sentence (possibly four years in some instances).

The expungement process requires filing a petition with the court and a hearing. Jason A. Volet is an experienced attorney with experience as a former prosecutor who can guide you through this process.

Could JCPenney Ban You from Their Store If You Are Caught Shoplifting?

JCPenney can issue a trespass notice banning you from returning to their store (or even all JCPenney locations) if you’re caught shoplifting. Violating this ban could result in additional trespassing charges.

Contact a New Jersey JCPenney Shoplifting Defense Attorney

Were you charged with shoplifting from JCPenney? If so, don’t risk your future by handling the case alone. You need help from a lawyer immediately. Attorney Jason A. Volet’s extensive experience can give you a distinct advantage in your defense. Our firm has successfully handled numerous shoplifting cases, often securing reduced charges, admission into diversion programs, or complete dismissals. We will work tirelessly for you.

Contact the Law Office of Jason A. Volet today or complete our online contact form to schedule a free consultation. Let us help protect your rights and your future.

Visit Our New Jersey Shoplifting Defense Law Offices