Shoplifting

What is Shoplifting?

Shoplifting generally refers to stealing something offered for sale at a store. Under New Jersey law, shoplifting can be charged for several different types of actions, they include:

  • Stealing any items from a store, whether the items were listed for sale or not;

  • Purposely concealing items on your person with the intent to steal them;

  • Altering or removing a price tag;

  • Purposely concealing items in a container with the intent to steal them;

  • Purposely under-ringing items, depriving the full value to the store owner; and

  • Taking a shopping cart without permission.

As you can see, there are a wide variety of shoplifting categories that exist under New Jersey law. The value of any items that are said to be stolen will largely determine the severity of the shoplifting charge. On one end of the spectrum, shoplifting items valued less than $200 can result in a disorderly person’s offense, while the shoplifting of items valued over $75,000 can result in a second-degree felony charge. Being part of a retail theft enterprise can result in a second- or third-degree felony charge determined by whether the merchandise stolen exceeded $1,000 in value. Regardless of the degree, shoplifting is a serious criminal charge in New Jersey. If you are facing a shoplifting charge, then it is important that you speak to an experienced criminal defense attorney right away.

What Are the Possible Punishments for Shoplifting?

  • Jail/Prison: A conviction for shoplifting can have wide-ranging consequences. Shoplifting can result in up to six months in jail if charged as a disorderly person’s offense and can also result in up to 10 years in prison if charged as a second-degree felony offense. If you have two or more prior convictions for shoplifting, then you will be sentenced to a mandatory minimum of 90 days in jail if you are convicted again of shoplifting.

  • Probation: Probation is the main alternative to jail or prison. If a judge agrees to offer you probation instead of jail, then you will have to follow several rules set by the judge. These rules will be enforced by your probation agent. If you fail to follow the conditions set by your probation, then you can end up in jail or prison on a probation violation.

  • Restitution: Any money or property that is illegally obtained due to shoplifting will have to be paid for by the defendant in the form of restitution as ordered by the court.

  • Fines: If you are convicted of a disorderly person’s offense shoplifting, then you can see a fine of up to $1,000. If you are convicted of a second-degree felony shoplifting, then a judge can order a fine as high as $15,000.

  • Other: Being convicted of shoplifting can have long-term consequences. You may have trouble securing employment, being allowed to live in certain housing, among other issues.

What Are Some Examples of Shoplifting?

  • Under New Jersey law, some common examples of shoplifting include:

  • Stealing a mannequin from a store

  • Stealing candy from a convenience store

  • Changing the price tags a clothing store

  • Hiding an item in your pocket with the intent to steal it

This is just a partial list of examples of what can be considered shoplifting under New Jersey law. A shoplifting charge can be issued for a variety of illegal activities. If you are accused of shoplifting, it is important to know the specific accusations of how you allegedly shoplifted to properly prepare your defense.

What Are the Possible Defenses?

The main thing that a prosecutor needs to prove in a shoplifting case is a criminal intent. If you did not have the criminal intent to steal an item from a store, then a jury can properly find you not guilty of shoplifting. If you forgot an item on the bottom shelf of your shopping cart while going through the cashier, then that mistake can be a viable defense to the charge of shoplifting. If you put an item in a bag you are carrying, but always intended to pay for the item on the way out, then security may have jumped the gun in accusing you of shoplifting. The facts and circumstances of your case will help determine the correct approach that a seasoned criminal defense attorney will take.

Why Forrester Law Stands Above the Rest in Criminal Defense

Attorney Amber Forrester has been certified by the New Jersey Supreme Court as a certified criminal trial attorney, a distinction less than 2% of attorneys achieve. Less than 250 of the over 80,000 lawyers in New Jersey share this certification with Ms. Forrester. In over a dozen years as a criminal defense attorney, she has represented thousands of people, with many facing serious potential consequences. Ms. Forrester’s skills, experience, and reputation are evident in the results she consistently achieves for her clients. You have a choice in who represents you, make sure you make the right choice with a call to Forrester Law.

Free Consultations

If you are facing a charge of shoplifting, then it is important that you speak to an experienced criminal defense attorney as soon as possible. To schedule a FREE consultation with Ms. Forrester, call (609) 613-1513 or contact us online.