Although shoplifting may seem like a petty offense, the penalties in New Jersey for a conviction are severe. Keep reading to learn more about shoplifting laws and possible defense possibilities.
Shoplifting in New Jersey
The State of New Jersey sees its fair share of shoplifting cases each year, in fact, retailers in New Jersey lost $2.313 billion in revenue theft in 2022. Shoplifting not only has consequences for those who commit it, but it also negatively affects the communities in which it occurs. Economic losses, increased prices, reduced safety, and an overall loss of trust in the community can damage the fiber of an area.
Of course the general definition of shoplifting includes taking items from a store without paying for them. This is considered shoplifting in New Jersey, but there are many other actions that fall under the “shoplifting” category. Other shoplifting acts deemed shoplifting in New Jersey include:
- Altering a price tag
- Removing an item from its original packaging and concealing it among other merchandise
- Attempting to remove, or removing, security tags
- Placing an item in your purse, backpack, pocket, or somewhere else out of sight and walking around the store with it
- Under charging for merchandise (done by a store employee for a customer)
- Removing a shopping cart
Committing any of these actions and getting caught will result in a shoplifting charge. Shoplifting convictions can result in harsh penalties, some of which can be life changing. If you’ve been accused of shoplifting, securing the assistance of a criminal defense attorney is imperative.
The Penalties for Shoplifting in New Jersey
Depending on the value of the items that have been stolen, the possible consequences of a shoplifting conviction vary. If the merchandise that is stolen is less than $200, the charge is a disorderly persons offense. Although that does not sound too harsh, the penalty can be up to 6 months in jail, and fines of up to $1000. If this conviction is a first time offense, there is also a mandatory requirement of 10 days of community service.
As the value of the merchandise stolen increases, so do the repercussions. Shoplifting merchandise over $500 (considered a third degree crime in New Jersey) will result in 3-5 years of prison time along with fines of up to $15,000.
Stealing goods valued over $75,000 carries with it a potential prison sentence of 5-10 years, as well as the possibility of paying restitution to whomever was stolen from.
In addition to these federal sentences for shoplifting, any retailer that is stolen from has the opportunity to sue the offender for damages in civil court. This includes the value of the merchandise,in its original condition, up to $500 if returned, plus any damages that occurred to the retailer in apprehending the offender as well as $150 penalty.
As mentioned, if the conviction is a first time offense, entry into a diversion program may be an option for the offender. After completing the community service hours the offender has been assigned, they may be able to have any criminal charges dropped.
Possible Defense Strategies for Shoplifting Charges
Being charged with shoplifting in New Jersey is very serious. Not only do you face prison time and expensive fines, you also face losing your job, your reputation, and any chance of recovering the life you built before the offense. Enlisting the help of an experienced criminal defense attorney is the best option to preserve your lifestyle and lessen the penalties you face.
A defense attorney can help you by listening to all aspects of your case and making suggestions for possible defense strategies. One possible defense is that the wrong person has been charged with the crime. Security and surveillance camera footage can be grainy and hard to decipher. If the image on the camera footage cannot be proven to be you beyond a reasonable doubt, you may have an effective defense.
Another possible defense strategy is demonstrating that the intent to steal is lacking. Being distracted and leaving the store without paying could happen; this could be seen as a genuine mistake. In either defense, a knowledgeable attorney, like those at the Law Offices of Robert J. DeGroot can decide the best strategy for your particular case and help get the charges against you thrown out or reduced.
If you or someone you know is facing shoplifting charges in New Jersey, reach out to the experienced criminal defense team at the Law Offices of Robert J. DeGroot today!
