While it may seem like a juvenile crime, New Jersey treats shoplifting very seriously. In the last five years, more than 10 million shoplifters have been caught and the number continues to grow each year. To deter shoplifting, New Jersey imposes strict laws and penalties including mandatory jail time in some cases and hefty fines.
A conviction for shoplifting can have serious consequences on a person’s life. Working with a skilled New Jersey shoplifting attorney as soon as you are charged can increase your chances of getting the best possible outcome in your case. We can help you understand your rights if you’ve been accused of shoplifting. Contact Lustberg Law Offices, LLC today at (201) 880-5311 to schedule a free consultation with top-rated New Jersey criminal defense attorney Adam M. Lustberg.
Shoplifting is often associated with simply taking items from a store without paying, but in New Jersey, retail fraud can involve various behaviors such as:
- removing or hiding original packaging among other items
- trying to remove security tags
- changing the price tag to pay less than the market value
- placing merchandise in personal belongings while in the store.
Criminal Consequences of a Shoplifting
New Jersey has its own classification of charges. Rather than classifying criminal offenses as misdemeanors or felonies, New Jersey classifies misdemeanors as a disorderly persons offense and felonies as indictable offenses. Indictable offenses are further classified into degrees with the first-degree offense being the most serious.
Shoplifting charges in New Jersey are graded based on the full retail value of the items the defendant is accused of misappropriating. The full retail value as stated on the label in the shop will be used as a basis for the charges.
- Disorderly Persons Offense: If the total value of the allegedly shoplifted items does not exceed $200, the charge is a disorderly persons offense. A conviction carries up to six months in jail, probation, and court-ordered community service.
- Fourth-Degree Indictable Offense: If the value of the items is between $200 and $500, the charge becomes a fourth-degree indictable offense, with a potential sentence of up to 18 months in prison. However, first-time offenders may receive probation or alternative sentencing.
- Third-Degree Indictable Offense: If the value of the items is between $500 and $75,000, the charge is classified as a third-degree indictable offense, carrying a potential prison sentence of three to five years upon conviction. Unlike second-degree offenses, there is no presumption of incarceration, meaning first-time offenders may avoid prison.
- Second-Degree Indictable Offense: If the stolen items are worth more than $75,000, the charge is a second-degree indictable offense, punishable by five to ten years in prison. Second-degree offenses generally carry a presumption of incarceration, making prison time likely if convicted.
Where a defendant is accused of taking multiple items, prosecutors can add the total of all of the items and this can cause the grading of the charge to escalate. A conviction for shoplifting also comes with required community service with the duration determined by the court, as appropriate.
Shoplifting cases with juvenile offenders are heard in the Family Division of the Superior Court where the juvenile resides. A judge will determine a penalty that is appropriate according to the best interests of the child but this does not mean that juvenile offenders get off lightly. Juvenile offenders may be subject to civil damages, fines, and detention in a juvenile facility. They also receive a mark on their juvenile record that can affect sentencing in future criminal charges.
Additional convictions for shoplifting can warrant harsher penalties. For repeat offenders, being convicted of shoplifting a third time is punished by a mandatory jail sentence of 90 days, regardless of the value of the items stolen.
| Value of Stolen Items | Classification of Offense | Potential Sentence |
|---|---|---|
| Up to $200 | Disorderly persons offense | Up to 6 months in jail and/or probation |
| $200 to $500 | Fourth-degree indictable offense | Up to 18 months in prison |
| $500 to $75,000 | Third-degree indictable offense | 3 to 5 years in prison |
| More than $75,000 | Second-degree indictable offense | 5 to 10 years in prison |
Common Defenses Against Shoplifting Allegations
When facing shoplifting charges in New Jersey, several defense strategies may help reduce or dismiss the charges. The prosecution must prove intent, possession, and unlawful taking beyond a reasonable doubt. A strong defense can lead to reduced charges or even a dismissal. Here are several common defenses used to contest shoplifting charges effectively:
- Lack of Intent or Honest Mistake: A key defense against shoplifting is proving the absence of intent. Shoplifting under N.J.S.A. 2C:20-11 requires proof of intent to deprive the merchant of their property. If the accused forgot to scan an item, placed merchandise in a bag by accident, or misunderstood store policies, there may not be sufficient intent for a conviction. Prosecutors must prove the act was purposeful, and without clear evidence, the charge may not hold.
- Mistaken Identity or Insufficient Evidence: Many shoplifting cases rely on surveillance footage or witness testimony, which may be unreliable. If video footage is unclear, store employees misidentify the suspect, or there is no conclusive proof that the accused took unpaid merchandise, the case may be weak. New Jersey law requires proof beyond a reasonable doubt, making evidence-based challenges an effective defense. Receipts, transaction records, or witness statements contradicting the store’s claims can also be used to challenge the charges.
- Procedural Violations: Evidence obtained through an illegal search or wrongful detention may be inadmissible in court. Under the New Jersey Constitution, individuals are protected from unlawful searches and seizures. If store security or law enforcement violated a suspect’s rights such as detaining them without probable cause or conducting an improper search, the case could be challenged.
- Diversion Programs and Alternative Resolutions: For first-time offenders, New Jersey offers Pretrial Intervention (PTI) for indictable offenses and Conditional Dismissal for disorderly persons offenses. These programs allow individuals to avoid a conviction by completing probation-like conditions. Successful completion leads to a dismissal, keeping the person’s record clean.
Each defense strategy requires a tailored approach based on the specifics of the case and the evidence available. Consulting with a New Jersey shoplifting attorney can help determine the defense strategy based on the specific circumstances of the case.
Additional Consequences of a Shoplifting Conviction
A shoplifting conviction in New Jersey carries consequences beyond criminal penalties. In addition to fines, probation, or possible jail time, a conviction can impact civil liability, immigration status, employment opportunities, and professional licenses.
Being convicted of shoplifting does not exempt a defendant from civil liability. A merchant can file for damages in a civil case for the value of the shoplifted goods which the defendant can be required to pay on top of the fines for the shoplifting conviction. While these letters do not carry criminal penalties, ignoring them can lead to further legal action.
Being convicted of shoplifting can have serious consequences. Shoplifting is considered a crime of moral turpitude. Having a conviction of shoplifting on your record can affect you long after the prescribed sentence has been served. If you are convicted of a crime of moral turpitude, you can face additional consequences that are not criminal in nature. A conviction can damage your credibility, affect your professional prospects, affect your ability to immigrate to the US, and your ability to maintain custody of your children.
Getting convicted of a crime of moral turpitude twice is against federal immigration law and a non-citizen can face deportation under such circumstances. Also, due to the fact that indictable offenses are the equivalent to a felony, a non-citizen convicted of shoplifting in the fourth, third, or second degree within five years of entering the US can also face deportation. They may also be considered inadmissible and would not be able to reenter the country. A person who is considered inadmissible may also be barred from applying for a green card, becoming naturalized, or filing a petition to become a legal immigrant.
Any professional certifications you hold can also be suspended or revoked. Professional boards hold their members to a standard. A conviction of shoplifting, as a crime of moral turpitude, may be considered a breach of that standard. This can affect your ability to practice your profession and limit your chances of earning an income. You may also be banned from applying for government jobs.
It’s important to remember that having a conviction on your record can be a complicated thing on its own and even more so when it comes to crimes of moral turpitude. Working with an experienced New Jersey shoplifting defense attorney is crucial to protect your rights.
At Lustberg Law Offices, LLC, we can investigate the circumstances of your case and build a strong legal defense in the interest of reducing your charges or getting them dismissed entirely. Our team of legal professionals, led by top-rated New Jersey criminal defense attorney Adam M. Lustberg, works diligently to assess viable defense strategies. We can also assist you in addressing civil demand letters and proposing alternative options where applicable such as a Conditional Dismissal Program or Pre-Trial Intervention. Contact us today at (201) 880-5311 to learn more about how we can help and to speak with one of our attorneys.
