A shoplifting stop inside Garden State Plaza can escalate quickly. Security personnel detain you, contact local police, and have your items scanned and photographed. You then receive a complaint with deadlines and real consequences. When you meet with a New Jersey shoplifting charge defense lawyer with The Law Offices of Jonathan F. Marshall, we’ll turn that hectic mall scene into a clear plan that protects your future.
In an initial consultation, your New Jersey shoplifting charge defense attorney will explain which court will hear your case. Lower-value allegations are handled in the Paramus Municipal Court; indictable accusations are referred to the Bergen County Superior Court, Criminal Division. We’ll also outline diversion options, showing you how timing, paperwork, and compliance could impact your eligibility. You can learn more about how we can assist you by contacting us online.
Degrees of Shoplifting in New Jersey and Potential Penalties
New Jersey penalties for shoplifting depend on the full retail value that the State can actually prove. Shoplifting items valued at less than $200 is a disorderly persons offense, handled in municipal court. Items valued between $200 and $500 are considered a fourth-degree offense, while those valued between $500 and $75,000 are classified as a third-degree offense. Items valued at $75,000 or more are considered a second-degree offense.
The statute also imposes mandatory community service for the first and second convictions, as well as a mandatory 90-day jail term for a third conviction. A New Jersey shoplifting charge defense lawyer will verify the numbers and challenge any inflated pricing or mismatched SKU.
Sentencing ranges increase with the severity of the charge, from county jail exposure in municipal cases to several years in prison for more serious offenses. Your record, the value the State can prove, and any aggravating factors will drive the outcome of your case. A New Jersey shoplifting charge defense attorney will do everything possible to convince the court to reduce your penalty or dismiss the charge entirely.
Making the Prosecutors Prove Your Guilt
Shoplifting in New Jersey covers more than walking out with unpaid goods. Offenses include:
- Price-tag alteration or removal
- Transferring items between containers
- Under-ringing at checkout
- Carrying away
- Concealment
Each charge requires proof that someone acted with the purpose to deprive the merchant of the item’s full retail value. A New Jersey shoplifting charge defense lawyer will hold the State to every element rather than let a quick clip on a crowded floor stand in for intent.
Practical Defense Strategies That Work
Identification and intent are key in a shoplifting case. A New Jersey shoplifting charge defense lawyer will slow video, match it to receipts, and ask whether the movement on screen actually shows concealment or simply ordinary shopping behavior.
Proof of the value of the items you allegedly shoplifted is also critical. Your New Jersey shoplifting charge defense attorney will obtain documentation of the item’s full retail value on the day you were arrested, not a later or higher list price. That could help open the door to a municipal downgrade of your charges and a more favorable resolution of your case.
Find Out More About How Our Defense Lawyers Can Help
At The Law Offices of Jonathan F. Marshall, we’re a statewide defense group that practices in courtrooms across New Jersey every week. Our defense team pairs practical, solution-focused advice with exhaustive courtroom work. When you sit down with a New Jersey shoplifting charge defense lawyer, you’ll hear exactly how decisions about diversion, motions, or negotiation could affect employment, licensure, immigration, and future background checks.
Your New Jersey shoplifting charge defense attorney will litigate intent, identification, valuation, and suppression step by step. The goal remains the same: protect your record and your next chapter. Schedule your complimentary consultation by using our online form to get in touch with one of our legal professionals.
Shoplifting Defense FAQs
Is jail required on a third conviction?
State law requires a 90-day jail term for a third conviction of shoplifting, accompanied by additional community service.
Can first-time defendants avoid a conviction?
Eligible individuals can apply for PTI in Superior Court or Conditional Dismissal in municipal court. The Judiciary supervises both programs.
What evidence will you review first?
We will request CCTV footage, body camera footage, point-of-sale records, and anti-theft deactivation data. We will then compare all of it against the elements in the jury charges.
If the value of the items I’m accused of shoplifting seems inflated, what happens?
We will challenge price proof for the exact SKU and date; a supported lower value can significantly reduce your potential penalties.
