Shoplifting is a common criminal charge in New Jersey, but many people do not realize how serious the consequences can be. Whether it involves concealing merchandise, under-ringing items, or switching price tags, shoplifting is treated as theft under state law and can lead to significant legal penalties. Even a first offense can result in a criminal record, fines, and possible jail time.
Understanding the legal definition of shoplifting, the penalties based on the value of the stolen property, and potential defenses can help anyone facing these charges make informed decisions.
What Is Shoplifting Under NJ Law?
In New Jersey, N.J.S.A. 2C:20-11 outlines several actions that are legally considered shoplifting, including:
- Taking merchandise without paying
- Concealing items with the intent to steal
- Altering price tags or labels
- Transferring items to different containers
- Under-ringing merchandise at the register
- Removing security tags or devices
Importantly, intent matters. A person can be charged even if they do not leave the store, as long as there is evidence of intent to steal.
Penalties Based on the Value of Merchandise
Shoplifting charges in New Jersey are classified based on the retail value of the stolen items:
Less than $200: Disorderly persons offense
Penalty: Up to 6 months in jail and a $1,000 fine
$200 to $500: Fourth-degree crime
Penalty: Up to 18 months in prison
$500 to $75,000: Third-degree crime
Penalty: 3 to 5 years in prison
Over $75,000: Second-degree crime
Penalty: 5 to 10 years in prison
Additional penalties can include mandatory community service, court-ordered anti-shoplifting programs, and civil fines owed to the store.
Civil Liability for Shoplifting
New Jersey law also allows retailers to file civil claims against shoplifters. This can include:
- The value of the goods if not returned in good condition
- A civil penalty of up to $150
- Up to $500 in additional damages
In cases involving minors, parents or legal guardians may be held financially responsible.
Possible Legal Defenses
Being charged with shoplifting does not guarantee a conviction. There are several legal defenses an attorney may use, including:
Lack of Intent
If the defendant did not intend to steal, there may be grounds for dismissal.
Mistaken Identity
Poor surveillance or eyewitness errors can lead to wrongful accusations.
Unlawful Search or Detention
Evidence may be suppressed if police or store staff violated the defendant’s rights.
First-Time Offender Programs
New Jersey offers programs like Conditional Dismissal or Pretrial Intervention (PTI) for eligible defendants, which can result in charges being dropped if requirements are met.
What to Do If You Are Charged
If charged with shoplifting in New Jersey:
- Avoid speaking to law enforcement or store personnel without a lawyer
- Consult a criminal defense attorney as soon as possible
- Keep records of any receipts, witnesses, or surveillance footage
- Follow all court requirements and deadlines
Prompt legal action is crucial for protecting your rights and reducing the impact of the charges.
Conclusion
Shoplifting charges in New Jersey carry real consequences, even for seemingly minor offenses. From jail time and fines to a criminal record and civil penalties, the impact can be long-term. However, with the help of an experienced attorney and a solid legal strategy, it may be possible to reduce or avoid these penalties altogether.