Though it may seem like a harmless or juvenile crime, shoplifting is a felony in many states and can be punishable by serious legal consequences. The terms misdemeanor and felony are not used in New Jersey law. Instead, disorderly person offenses and indictable crimes are used to communicate similar offenses, respectively. Regardless, shoplifting can result in significant penalties for those convicted. If you or someone you know are facing shoplifting charges it is crucial that you obtain skilled representation. Contact a Mercer County criminal defense lawyer for more information and legal counsel.
What is Shoplifting?
Shoplifting is a serious issue that affects retailers across the country. Under NJ law, shoplifting is defined as the act of:
- Taking merchandise from a store without paying for it
- Altering a price tag with the intent to deceive
- Removing the original packaging of a product and hiding it
- Placing an item in your purse, pocket, or body while shopping
- Under-ringing merchandise at a self-checkout
Any of the above actions are considered shoplifting and attempting to deprive the merchant of funds.
Is Shoplifting a Felony in New Jersey?
Shoplifting can be categorized as either a disorderly person offense or an indictable crime. In New Jersey, shoplifting will be charged as a disorderly person offense (misdemeanor) if the value of the stolen goods is less than $200. Shoplifting more than $200 worth of goods is considered an indictable crime (felony).
What Are the Penalties for Shoplifting in NJ?
The penalties for shoplifting vary depending on the monetary value of the goods stolen. Consider the following penalties associated with each degree of shoplifting.
- Disorderly person offense: Under $200 worth of merchandise, up to 6 months in jail, fines of up to $1,000
- Fourth-degree indictable crime: Between $200 and $500 worth of merchandise, up to 18 months in prison, fines of up to $10,000
- Third-degree indictable crime: Between $500 and $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 shown above, the penalties for shoplifting in NJ can be severe, especially for indictable crimes.
What is the Statute of Limitations for Shoplifting in New Jersey?
As established, the severity of the charges you receive for shoplifting varies depending on the value of the item(s) stolen. So does the statute of limitations for the crime. For offenses where the items stolen are worth less than $200 the statute of limitations is one year from the detection of the offense.
However, for an indictable charge where the value of the goods exceeds $200, the statute of limitations is 5 years. If you are facing shoplifting charges it is important to acquire skilled representation. Reach out to an experienced attorney today to discuss your situation.