Shoplifting in New Jersey is commonly believed to be a juvenile offense that carries light criminal penalties. However, this is far from the truth. In reality, this offense can range from a disorderly persons charge to a second-degree felony depending on the circumstances of the offense. As such, a criminal conviction can lead to time spent behind bars, hefty fines, victim restitution, and a permanent criminal record. As such, if you’ve been charged with shoplifting, you must continue reading and speak with a Bergen County criminal defense lawyer to learn more about these charges and how we can help you fight them. Here are some of the questions you may have:
How Is Shoplifting Defined Under New Jersey Law?
Under New Jersey law, shoplifting includes a wide range of behaviors. Many assume the only time someone can be charged with this offense is if they take an item off the shelf and leave the store without paying for the item. However, in accordance with N.J.S.A 2C:20-11, there are a number of actions that can constitute a shoplifting offense.
In order to secure a conviction, the prosecution must be able to show that the conduct was intentional and that the defendant knowingly deprived the merchant of the full value of the item taken from the store.
Actions That Can Result in Shoplifting Charges
- Purposely taking merchandise and leaving a store without paying
- Concealing merchandise on your person or in a bag
- Manipulating, removing, or transferring price tags
- Under-ringing merchandise as a cashier
- Placing items into containers to avoid paying the full value
- Attempting to leave the premises after switching containers or barcodes
What Determines the Severity of Shoplifting Charges in New Jersey?
The degree for which you are charged following a shoplifting offense will depend on the retail value of the item stolen, though prior convictions and certain aggravating factors can impact sentencing exposure. In the Bergen County Superior Court, which is responsible for handling criminal offenses, indictable crimes are treated differently from a disorderly persons offense, which is generally heard in the municipal court where the alleged theft occurred.
Disorderly Persons
- For property worth less than $200
- Up to $1,000 in fines
- Up to six months in county jail
- Potential eligibility for diversion programs for first-time offenders
Fourth-degree Crime
- For property worth between $200-$500
- Up to $10,000 in fines
- Potential for 18 months in state prison
- Potential for probation in some cases
Third-degree Crime
- For property worth between $500-$75,000
- Up to $15,000 in fines
- Between three and five years in New Jersey State Prison
- Presumption of non-incarceration for some first-time offenders
- Long-term impact on employment and professional licensing
Second-Degree Crime
- For property worth more than $75,000
- Up to $150,000 in fines
- Between five and ten years in New Jersey State Prison
- Presumption of incarceration
- Permanent felony record
Mandatory Community Service Requirements
Under N.J.S.A 2C:20-11, individuals who are convicted of shoplifting must complete mandatory community service. The hours will increase with each repeat offense as follows:
- First offense: At least 10 days of community service
- Second offense: At least 15 days of community service
- Third or subsequent offense: Minimum 25 days of community service
Repeat Offender Enhancements
In New Jersey, the law applied increased enhancements to those convicted of repeat shoplifting offenses. As such, those convicted for a third or subsequent time for shoplifting will face a mandatory jail sentence, even if the dollar amount of the merchandise would warrant a lesser charge.
Can You Go to Jail for Shoplifting in New Jersey?
Yes. In New Jersey, jail is legally possible at every charge level, including a disorderly persons offense. However, whether or not you will be sentenced depends on a number of factors.
Key Factors That Impact Jail Potential
- Total value of merchandise
- Prior criminal convictions
- Compliance during arrest
- If force or threats were involved
- If the scheme was organized
While there are often alternative options for first-time offenders, it is possible that someone charged with shoplifting for the first time can spend time in jail.
First-Time Offender Conditional Dismissal Program
In some instances, first-time offenders in New Jersey may be able to reduce the long-term consequences of a shoplifting offense through diversion programs:
- Available for certain disorderly persons offenses
- Requires no prior criminal record
- Typically involves one year of probation
- May mandate fees and restitution
- Upon completion, charges are dismissed
How Are Shoplifting Cases Prosecuted in Bergen County?
Bergen County is home to a number of shopping centers, malls, and retail locations, like the Garden State Plaza and Paramus Park Mall located in Paramus, The Shops at Riverside in Hackensack, and the American Dream Mall in Rutherford. As such, these cases are taken very seriously in Bergen County.
As mentioned, cases involving items valued at less than $200 will be handled in the municipal court where the theft occurred. However, cases involving items valued over $200 are generally handled in the Bergen County Superior Court in Hackensack. Prosecutors will review a considerable amount of evidence when determining how to proceed.
Evidence Commonly Used by Prosecutors
- Store surveillance footage
- Electronic transaction logs
- Eyewitness statements
- Confessions and statements made by the defendant at the scene
Contact Our Experienced New Jersey Criminal Defense Firm
If you are facing charges for alleged shoplifting in Bergen County, it’s in your best interest to connect with an experienced attorney with the Law Office of Boyd & Squitieri. Our firm can examine your unique circumstances to help you fight for the best possible outcome for your unique situation. Contact us today to learn more about how we can represent you.