While many people in New Jersey consider shoplifting a minor crime, the authorities don’t see it that way. A misdemeanor shoplifting charge in New Jersey could send you to jail for 6 months, and you could face up to 10 years in prison for felony shoplifting. Other potential penalties include fines up to $150,000 and community service.
Do not make the mistake of taking New Jersey shoplifting charges lightly. A criminal defense lawyer can build a solid defense to try to avoid the worst penalties for shoplifting in New Jersey.
What Are the Different Degrees of Shoplifting Offenses and Penalties in New Jersey?
Shoplifting in New Jersey includes a variety of retail theft crimes, including changing price tags on items, hiding items in a purse or pocket and taking them from the store, or purposely not ringing an item up at self-checkout.
New Jersey’s shoplifting statute specifies four different levels of shoplifting charges. The degrees of shoplifting offenses and their penalties are:
- Stealing merchandise worth $75,000 or more, or stealing $1,000 or more worth of merchandise as part of an organized retail theft enterprise – This is a second-degree crime. Possible penalties include 5 to 10 years in prison and a fine of up to $150,000.
- Stealing merchandise worth $501-$74,999, or stealing less than $1,000 worth of merchandise as part of an organized retail theft enterprise – As a third-degree crime, penalties include 3 to 5 years in prison and a fine of up to $15,000.
- Stealing merchandise worth $200-$500 – This fourth-degree crime has penalties of up to 18 months in prison and a fine of up to $10,000.
- Stealing less than $200 worth of merchandise – This is a disorderly persons offense. Potential penalties include up to 6 months in jail and a fine of up to $1,000.
A shoplifting conviction also requires community service, including 10 days for a first offense, 15 days for a second, and 25 days for a third. Anyone convicted of a third or subsequent shoplifting offense must spend at least 90 days in jail. While these charges and potential penalties seem daunting, a skilled shoplifting defense attorney from the Law Office of Jason A. Volet can fight for the best possible outcome.
Will a First-Time Shoplifter Go to Jail If Convicted?
It’s possible to go to jail for a first shoplifting offense, though it depends on the case’s facts. For example, someone with no prior criminal history convicted of stealing less than $200 worth of merchandise would face a possible jail sentence of up to 6 months. However, if they showed remorse for their actions and had a good legal team, their chances of actually spending time in jail would be fairly low.
On the other hand, a first-time offender convicted of stealing more than $500 worth of items could face up to 10 years in prison, depending on the value of the stolen merchandise and whether they were involved in an organized retail theft operation. An offender in this situation would need a dedicated and experienced attorney to avoid the worst possible penalties.
What Are Some Possible Defenses for Shoplifting Charges in New Jersey?
The right defense against shoplifting charges depends on the circumstances and evidence, but some possible strategies include:
Lack of Intent
One of the key elements of a shoplifting charge is intent, which means the prosecution must prove that you intended to take an item without paying for it. If you accidentally left a store with merchandise because you thought you had paid for it or forgot you had it, you can argue you had no intent to steal the items. This strategy can undercut the prosecution’s argument by showing you made an honest mistake.
Mistaken Identity
Police officers sometimes make mistakes and arrest the wrong person for shoplifting. For instance, if the store’s surveillance footage is unclear or a witness wrongly identified you as the culprit, your defense could argue that you weren’t the person involved in the shoplifting.
Lack of Evidence
The prosecution must provide solid evidence, like video surveillance or eyewitness testimony, to convict you of shoplifting. If there’s insufficient or unreliable evidence, your defense lawyer can argue that the prosecution hasn’t met the burden of proof. This defense can lead to dismissed charges if the prosecution’s evidence doesn’t hold up.
Entrapment
Entrapment occurs when law enforcement or a store employee encourages or convinces you to commit a crime you wouldn’t have otherwise committed. For example, if a store security officer pressured you into taking an item as part of a sting operation, you might have grounds for an entrapment defense.
However, using entrapment as a defense can be challenging. You must prove that the idea to steal the items came from law enforcement or the store’s agents, not you. Courts also tend to scrutinize claims of entrapment closely, making it a more difficult strategy to use.
Can You Get a Shoplifting Charge Dismissed in NJ?
Getting a shoplifting charge dismissed in New Jersey is possible, though it’s not easy. Getting these charges dismissed usually requires showing that the prosecution’s evidence won’t stand up in court or that the authorities violated your rights.
For example, if you can provide a solid alibi showing you couldn’t have committed the crime, the prosecution or a judge may dismiss your charges. Or if the police conducted an illegal search or didn’t read you your rights after taking you into custody, their actions may qualify as a violation of your rights. That means any evidence they gathered must be dismissed. Your legal team can evaluate your case to see if there’s cause for the authorities to dismiss your shoplifting charges.
Why Choose the Law Office of Jason A. Volet for Your Shoplifting Defense Case?
You need a capable, knowledgeable attorney if you face shoplifting charges in New Jersey. Some reasons to choose the Law Office of Jason A. Volet for your shoplifting defense case include:
- Jason A. Volet’s 19+ years of legal experience as a former prosecutor and defense lawyer
- Volet’s certification as a criminal trial attorney by the New Jersey Supreme Court, showcasing his knowledge and dedication in this area of the law
- Our proven results, including one shoplifting and theft case where we reduced the sentence for a defendant with a lengthy criminal history to probation
- What our clients say about us, such as: “I’ve had a couple cases in the past few years, and I always go straight to Jason for my representation. He’s down-to-earth, honest, and very knowledgeable when it comes to criminal cases. … He’s really quite wonderful.” – Mark
Contact a New Jersey Shoplifting Defense Lawyer
The Law Office of Jason A. Volet has the experience, knowledge, and determination to help you contest shoplifting charges in New Jersey. Call us today or complete our contact form for a free consultation.
