In New Jersey, a person engages in shoplifting when they purposely take, carry away, or transfer store items with the intent to deprive the store of its possession or use of the items, or who does so without paying the total retail value of the items. A person commits third-degree shoplifting when they shoplift merchandise with a total retail value of more than $500 but less than $75,000. A conviction for third-degree shoplifting could lead to harsh consequences, including prison time, substantial fines, restitution, and the stigma of having a criminal record.
If you have been charged with third-degree shoplifting in New Jersey, you need experienced legal counsel to protect your rights, reputation, and future. To discuss how our founding attorney, Jason A. Volet, can use his experience as a prosecutor and criminal defense attorney in New Jersey to help with your shoplifting charge, contact us today.
Is Third-Degree Shoplifting Considered a Felony in NJ?
Under New Jersey law (N.J.S. § 2C:20-11), a third-degree crime occurs when a person shoplifts merchandise with a total retail value of $500 or more but less than $75,000, or when they shoplift less than $1,000 in merchandise as part of an organized retail theft enterprise. (Indictable crimes are the equivalent of “felonies.”)
A person convicted of third-degree shoplifting in New Jersey may face penalties that include three to five years in prison and fines of up to $15,000. A court may also sentence a person convicted of third-degree shoplifting to pay restitution to the store (or merchant) they stole from. The purpose is to pay back the merchant for the value of the stolen goods.
Is It Possible for a Third-Degree Shoplifting Charge to Be Downgraded to a Lesser Offense?
It may be possible to get a third-degree shoplifting charge downgraded to a fourth-degree crime or disorderly persons offense if you can prove the merchandise’s total retail value was less than $500. What if the merchandise has a value of less than $2,000? In that case, prosecutors may have the discretion under guidelines issued by the New Jersey Attorney General’s Office to downgrade a third-degree shoplifting charge to a disorderly persons offense.
Otherwise, if you are facing a third-degree shoplifting charge, you cannot downgrade the offense. However, you may have the right to apply for admission to New Jersey’s Pretrial Intervention program if you have no prior indictable offenses on your record, allowing you to dismiss your charge if you complete the program, including a term of probation.
What If the Person Is a Minor?
If a minor engages in acts that would constitute third-degree shoplifting if an adult did them, the minor typically will be prosecuted in New Jersey’s juvenile justice system, and not in adult criminal court. The juvenile justice system focuses on rehabilitating juveniles who engage in criminal behavior and deterring them from the same conduct as adults. In contrast, the adult criminal system focuses on punishing offenders and protecting the public.
Penalties in the juvenile justice system for conduct that constitutes third-degree shoplifting may include less severe punishment, including fines, community service requirements, probation, and restitution for the stolen items. Juveniles who are adjudicated delinquent for shoplifting also have more accessible legal avenues to expungement of their records. New Jersey permits the expungement of an entire juvenile record no matter the number of offenses on the record (provided an offense does not fall into the category of non-expungable offenses).
What Are Some Possible Defenses for Third-Degree Shoplifting Charges?
If you are facing prosecution for third-degree shoplifting in New Jersey, you may be able to pursue various defense strategies tailored to the facts and circumstances of your case. At the Law Office of Jason A. Volet, we will thoroughly investigate your case and explore all the options available to you. Common defenses in shoplifting cases include:
- Lack of intent — A person may deny they intended to steal merchandise from a store. However, circumstances such as concealing merchandise upon one’s person or altering or removing a price tag may allow one to infer a person’s intent to shoplift.
- Lack of possession — A person may assert that the prosecution’s evidence fails to prove beyond a reasonable doubt that they had actual or constructive possession of the allegedly stolen merchandise.
- Mistake of fact — A person can also deny intent to commit shoplifting by asserting that they mistakenly believed they paid for an item or paid its total retail value (such as when a cashier fails to scan an item).
- Mistaken identity — A person may claim that a merchant wrongfully identified them as a shoplifter, and the actual perpetrator managed to escape the store. For example, the person may argue that security misidentified them based on surveillance footage. Meanwhile, a person with a similar appearance committed the shoplifting.
- Unlawful investigation — A person may file a motion to exclude evidence from the prosecution’s case by arguing that law enforcement obtained physical evidence or inculpatory statements by violating the person’s rights, including by conducting a search without legal justification or interrogating a person during detention or after an arrest without first advising them of their rights.
How Can a Defense Lawyer Protect Your Rights After a Shoplifting Charge?
When prosecutors charge you with third-degree shoplifting, a criminal defense lawyer from the Law Office of Jason A. Volet can help you stand up for your rights and pursue the best possible outcome to your charges by:
- Investigating your case to recover all available evidence that may help build a compelling defense.
- Identifying potential defense strategies based on the facts of your case.
- Helping you understand your charges and the potential outcomes and preparing you for what to expect in facing the criminal justice system.
- Fighting the prosecution’s case at each step, including moving to exclude unlawfully obtained evidence or reduce or dismiss your charges for lack of evidence.
- Pursuing the best possible resolution to your case, even when that means going to court and trial if you choose to contest your charges.
Contact a New Jersey Criminal Defense Lawyer Today
If you have been arrested and charged with third-degree shoplifting in New Jersey, get the legal advice and advocacy you need to defend your rights and interests. Contact the Law Office of Jason A. Volet today and receive a free and confidential consultation with an experienced and dedicated criminal defense attorney.
