Shoplifting is a common yet serious offense in New Jersey. Under New Jersey law, penalties range from fines and community service to jail time and a criminal record, depending on the value of the merchandise and the circumstances of the case. With rising incidents of retail theft and heightened surveillance measures, many people find themselves charged for misunderstandings, mistakes, or minor lapses in judgment.
If you’re facing a shoplifting charge in New Jersey, working with a skilled New Jersey shoplifting lawyer from Lustberg Law Offices, LLC can make a crucial difference. With years of experience handling theft-related crimes in New Jersey courts, we offer personalized, strategic defense aimed at reducing or dismissing charges wherever possible. Contact us today at (201) 880-5311 to schedule a consultation and begin building a strong defense tailored to your unique situation.
What Is “Shoplifting” in New Jersey?
While shoplifting is generally thought of as the removal of items from a store without paying for them, retail fraud in NJ constitutes a myriad of actions that include:
- Removing the original packaging and hiding it among other merchandise.
- Attempting to remove, or removing, security tags.
- Altering a price tag.
- Placing an item in your purse, pocket, or body while walking around the store.
How Does New Jersey Classify Shoplifting Charges?
In New Jersey, shoplifting is classified based on the value of the stolen property. The state uses two categories for criminal offenses: disorderly persons offenses (similar to misdemeanors) and indictable crimes (similar to felonies). Shoplifting charges can fall under either category depending on the dollar amount involved.
If the value of the stolen property is under $200, the offense is considered a disorderly persons offense. This is the least serious level of shoplifting and is typically handled in municipal court.
When the value of the property ranges from $200 to $500, the charge increases to a fourth-degree indictable crime. These charges are more serious and are handled in Superior Court.
For stolen property valued between $500 and $75,000, the charge becomes a third-degree indictable crime. This level carries even higher penalties and may involve state prison time if convicted.
If the stolen property exceeds $75,000 in value, the charge is considered a second-degree indictable crime. Second-degree shoplifting charges can lead to lengthy imprisonment and are treated with the highest level of severity.
Each level of offense not only carries different penalties but also has long-term consequences. The court may also order restitution to the victim and impose other sanctions depending on the case details and prior criminal history.
Shoplifting Results in Severe Penalties in New Jersey
In New Jersey, a shoplifting charge can lead to serious consequences, including fines, jail time, and other penalties. Shoplifting merchandise valued at less than $200 may result in a fine of up to $1,000 and/or up to six months in jail. If the value is between $200 and $500, the penalty can include up to 18 months in prison and a fine of up to $10,000. Taking merchandise worth more than $500 can lead to a prison sentence of three to five years and a fine of up to $15,000. If the value exceeds $75,000, the penalty may include five to ten years in New Jersey state prison. In addition to these penalties, the court may also require the convicted offender to pay restitution.
Additionally, owners of the retail establishments where the shoplifting occurred can sue the offender for damages in civil court. This includes the value of the merchandise in its original condition up to $500 if not returned, plus any damages that occurred in apprehending the shoplifter, and a $150 penalty.
While it is obvious that the penalties for shoplifting in New Jersey can be severe, first-time offenders may be able to gain entry into a diversion program to get the criminal charges dropped. This includes community service or counseling. Upon successful completion of the diversionary program, the charges against the defendant are dropped.
| Shoplifting in New Jersey | Penalties and Consequences |
|---|---|
| Shoplifting merchandise < $200 | $1,000 fine and/or up to six months in jail |
| Shoplifting merchandise > $500 | 3-5 years of prison time and a fine of up to $15,000 |
| Shoplifting merchandise > $75,000 | Potential sentence of 5-10 years in NJ state prison |
| Owners can sue for damages in civil court | Value of merchandise in its original condition up to $500 if not returned, damages in apprehending the shoplifter, $150 penalty |
| First-time offenders | Potential entry into a diversion program, including community service or counseling. Charges dropped upon successful completion. |
Will I Go to Jail for Shoplifting First Offense?
In New Jersey, a first-time shoplifting offense does not automatically lead to jail time due to the state’s presumption of non-incarceration for such charges. This means that, typically, individuals facing their first shoplifting charge have a favorable chance of avoiding incarceration.
First-time offenders are more likely to be sentenced to community service, with the law requiring a minimum of 10 days. Additionally, the court may impose fines and other legal fees depending on the specific circumstances of the incident. However, the severity of the penalties can vary significantly based on factors like the value of the stolen goods and the details of the case.
It’s crucial for those charged with shoplifting for the first time to understand the legal processes and potential consequences. Legal guidance may be necessary to handle the proceedings effectively and to potentially mitigate the penalties. While jail time is not a standard outcome for first-time shoplifting offenses in New Jersey, the financial and social repercussions can still be substantial.
If you’re facing a shoplifting charge, consulting with a skilled New Jersey shoplifting lawyer can help protect your rights and potentially reduce the impact of the charge. Contact Lustberg Law Offices, LLC today for a consultation to discuss your case and explore your legal options.
Shoplifting Statute of Limitations
The statute of limitations for shoplifting charges in New Jersey differs based on the value of the stolen items. In instances where the shoplifting offense involves items worth less than $200, it is classified as a disorderly persons offense. In such instances, the statute of limitations is established as one year from the detection of the offense. This means that legal proceedings must be initiated within one year of the offense being uncovered.
However, if the value of the shoplifted goods exceeds $200, the offense is regarded as an indictable offense or a felony. In such situations, the statute of limitations extends to five years, allowing for a longer period for legal action to be taken.
It is crucial to understand that the statute of limitations refers to the maximum allowable timeframe for filing criminal charges. Once this time period has elapsed, the accused individual generally cannot be prosecuted for that particular offense.
If you’re dealing with shoplifting charges, it’s important to seek the help of a New Jersey shoplifting lawyer. Lustberg Law Offices, LLC ensures individuals are not charged with an offense outside of the statute of limitations, safeguarding individuals from unfair prosecutions, and that their rights are protected in and out of the court. Feel free to arrange a consultation today in order to pursue the most favorable outcome for your case.
Possible Defenses for Shoplifting Charges
There are several common defenses that New Jersey lawyers use in court for shoplifting charges. The first is establishing that there is a reasonable doubt that the police arrested the correct person. It is common to use this type of defense when security cameras are used since it can be difficult to identify specific characteristics of someone onscreen.
Your defense attorney can also use other defenses to show that the shoplifting wasn’t intentional. For example, your child got upset and you accidentally took your shopping cart out of the store. Perhaps you got a serious medical emergency and had to leave the shop quickly. In this case, you might have gotten distracted and walked out of the store without paying for the item. Your attorney will appreciate your honesty and transparency about the entire situation. They will have the most effective chance of creating a strong defense for you if they know the entire story.
If you are facing a shoplifting charge in New Jersey, it is important to seek the legal advice of an experienced shoplifting attorney right away. A lawyer can help you understand your situation and prepare a defense for the court. Experienced lawyers are well-versed in dealing with shoplifting charges and can help you achieve a favorable outcome.
Expungement Information
Clearing a shoplifting conviction in New Jersey is possible through expungement, a legal process that seals your criminal records from public view. This action can dramatically enhance your prospects, making it easier to secure employment or housing since most background checks will no longer reveal the expunged charge.
To be eligible for expungement in New Jersey, you must have completed a waiting period of 5 years from the date of your shoplifting conviction, provided it is a disorderly persons offense. It’s crucial to understand that expungement is not automatic. Your petition will undergo judicial review, and the court has the discretion to either grant or deny your request.
Once an expungement is approved, the court orders the removal of your conviction records from public databases, effectively allowing you to legally assert that the conviction did not occur. However, be aware that certain employers, particularly in law enforcement, retain the ability to access expunged records.
Seeking the assistance of a knowledgeable attorney can significantly streamline the process. Legal guidance ensures that you satisfy all requirements and correctly complete the necessary paperwork. The expungement process typically spans 4 to 6 months and incurs costs, including attorney’s fees, in addition to a $75 filing fee.
Though going through the process may seem daunting, the long-term benefits of expunging shoplifting charges from your record in New Jersey are substantial. A clean slate can unlock new opportunities in your career and educational endeavors, paving the way for a brighter future.
Contact an Experienced Hackensack Shoplifting Attorney Today
Facing a shoplifting charge can have severe consequences, especially in New Jersey. This is why you need the experienced advice of the legal team at Lustberg Law Offices, LLC in Hackensack, NJ. Skilled New Jersey shoplifting lawyer Adam M. Lustberg can fight for your rights and help you get back to your regular life. Contact us today at (201) 880-5311 to schedule a free initial consultation.
