Caught Shoplifting in New Jersey? What First-Time Offenders Need to Know About Legal Consequences and Defense Options

August 28, 2024

Being caught shoplifting can be a daunting and frightening experience, especially for first-time offenders. In New Jersey, shoplifting is taken seriously, and the legal consequences can be more severe than many people expect. Understanding the implications of a shoplifting charge and knowing your legal options is crucial to minimizing the impact on your life.

This blog will walk you through the essential aspects of facing a shoplifting charge in New Jersey and explain how a criminal defense lawyer can help defend your rights.

Understanding New Jersey Shoplifting Laws

In New Jersey, shoplifting is classified as a theft offense, and the penalties vary based on the value of the stolen merchandise. The state categorizes shoplifting into different degrees, which determine the severity of the charge and the potential consequences.

Disorderly Persons Offense: If the value of the stolen goods is less than $200, the offense is considered a disorderly persons charge. This is the least severe classification but can still result in penalties, including fines, community service, and up to six months in jail.
Fourth-Degree Crime: If the value of the stolen merchandise is between $200 and $500, the offense is elevated to a fourth-degree crime. Penalties for a fourth-degree shoplifting charge can include up to 18 months in prison and fines of up to $10,000.
Third-Degree Crime: When the value of the stolen goods ranges from $500 to $75,000, it is classified as a third-degree crime. This is a more serious charge, carrying penalties of three to five years in prison and fines of up to $15,000.
Second-Degree Crime: If the value of the stolen merchandise exceeds $75,000, the charge becomes a second-degree crime, which is among the most severe in shoplifting cases. Penalties can include five to ten years in prison and fines of up to $150,000.

The Consequences of a Shoplifting Conviction

A shoplifting conviction in New Jersey can have far-reaching consequences beyond fines and jail time. It can impact your personal and professional life in several ways:

Criminal Record: A conviction will result in a permanent criminal record, which can affect your ability to find employment, secure housing, and obtain professional licenses.

Increased Penalties for Repeat Offenders: New Jersey law imposes harsher penalties for individuals with prior shoplifting convictions, including mandatory jail time and longer sentences.
Civil Liability: In addition to criminal penalties, you may be subject to civil liability, where the store can sue you for damages, including the value of the stolen items and additional punitive damages.

Given these potential consequences, it’s critical to approach your defense strategically with the help of an experienced shoplifting lawyer.

Defense Strategies in New Jersey Shoplifting Cases

The right defense strategy can make a significant difference in the outcome of your case. Here are some common defenses that a shoplifting defense lawyer might employ:

Lack of Intent: One of the key elements of a shoplifting charge is intent. If your lawyer can demonstrate that you did not intend to steal the items—for instance, if you accidentally left the store with merchandise—you may be able to avoid a conviction.
Mistaken Identity: In some cases, you may be wrongly accused due to mistaken identity. Surveillance footage or witness testimony could be used to show that you were not the person who committed the theft.
Lack of Evidence: The prosecution must prove your guilt beyond a reasonable doubt. If the evidence against you is weak or circumstantial, your lawyer may be able to get the charges reduced or dismissed altogether.
Constitutional Violations: If your rights were violated during the arrest—such as being searched without probable cause or not being read your Miranda rights—your lawyer may be able to challenge the admissibility of evidence or get the charges dropped.

Alternative Sentencing and Diversion Programs

For first-time offenders, New Jersey offers several alternatives to traditional sentencing that can help you avoid a permanent criminal record:

Pretrial Intervention (PTI): PTI is a diversionary program that allows first-time offenders to complete a period of probation instead of going to trial. Upon successful completion of the program, the charges are dismissed, and you can avoid a criminal conviction.
Conditional Dismissal: Similar to PTI, conditional dismissal allows for the dismissal of charges after the successful completion of probation. This option is typically available for disorderly persons offenses.
Community Service: In some cases, the court may order community service in lieu of jail time, especially if the value of the stolen goods was low and you have no prior criminal history.
Restitution: Paying restitution to the store for the value of the stolen items may be part of a negotiated plea deal. This can help reduce the severity of the penalties or result in the charges being dropped altogether.

An experienced shoplifting lawyer will be familiar with these alternative sentencing options and can advocate for the best possible outcome in your case.

The Importance of Hiring a Shoplifting Lawyer

Facing shoplifting charges in New Jersey is not something you should handle alone. The legal system is complex, and the consequences of a conviction can be severe. Hiring a skilled shoplifting lawyer can provide several advantages:

Legal Guidance: A lawyer who specializes in shoplifting defense will have in-depth knowledge of New Jersey’s laws and the best strategies for defending against these charges.
Negotiating Plea Deals: Your lawyer can negotiate with the prosecution to reduce the charges or secure a plea deal that minimizes the impact on your life.
Representation in Court: If your case goes to trial, having a seasoned attorney by your side is crucial. They will present a strong defense, challenge the prosecution’s evidence, and fight for your rights.
Protecting Your Future: A shoplifting lawyer can help you explore options for expunging your record if you are convicted, giving you a chance to move on without the long-term consequences of a criminal record.

Take Action Now to Protect Your Rights Against a NJ Shoplifting Charge

Shoplifting charges in New Jersey are serious and can have long-lasting effects on your life. If you or someone you know is facing such charges, understanding the legal process and your defense options is critical.

With the right strategy and legal representation, you can minimize the impact of these charges and protect your future.

Charged With Shoplifting in New Jersey? Protect Your Future with Bramnick Law

If you’ve been charged with shoplifting in New Jersey, don’t wait to seek legal help. The experienced shoplifting defense lawyers at Bramnick Law are here to provide the skilled defense you need.

Contact us today to schedule a free consultation by calling 866-845-5571 or by filling out our confidential online contact form on our website. Let us fight to protect your rights and secure the best possible outcome for your case.