The legal consequences of shoplifting in New Jersey can be severe, even resulting in a second-degree indictable crime (NJ’s version of a felony). Understanding the types of shoplifting and associated penalties is important for both retailers and shoppers. Work with a Bergen County criminal defense lawyer for skilled representation during your shoplifting case.
How is Shoplifting Defined Under NJ Law?
When you think of shoplifting, you probably picture a teenager slipping some small item into their pocket and running out of the store. However, shoplifting has a wide definition that covers several types of theft, some of which do not even require the perpetrator to leave the premises.
Below are the types of shoplifting outlined in NJ law.
- Purposefully concealing merchandise and attempting to leave with it with the intent to deprive the merchant of the merchandise
- Concealing or hiding merchandise that you intend to steal
- Altering or removing a price tag with the intent to deceive the merchant
- Purposefully under-ringing items with the intent of depriving the merchant of the full value of the sale
- Taking a shopping cart from a merchant without permission
Committing any of the above will result in various legal consequences.
What Are the Penalties for Shoplifting in NJ?
The penalties for shoplifting vary depending on the value of the merchandise stolen and several other factors. Consider the following.
Disorderly persons offense:
- $200 or less in merchandise
- Up to 6 months in jail
- Fines of up to $1,000
Fourth-degree indictable crime:
- $200 to $500 worth of merchandise
- Up to 18 months in prison
- Fines of up to $10,000
Third-degree indictable crime:
- $500 to $75,000 worth of merchandise
- 3 to 5 years in prison
- Fines of up to $15,000
Second-degree indictable crime:
- Over $75,000 worth of merchandise
- 5 to 10 years in prison
- Fines of up to $150,000
As established, the value of the stolen goods is the most significant factor when determining whether the charges will be a disorderly persons offense or an indictable crime. However, other details of the situation can have an impact as well.
For example, your criminal history can influence your charges. Individuals with prior offenses of shoplifting or theft may face harsher penalties and increased charges regardless of the value of the stolen merchandise. Additionally, if the use of force or coercion was present during the incident, you may face enhanced or additional charges like robbery or assault.
The intention behind the action can also impact the severity of your charges. Intent and purposeful action are required for shoplifting charges. For more details about the charges you are facing for shoplifting, do not hesitate to contact a skilled attorney at the Law Office Boyd & Squitieri.