New Jersey Shoplifting Lawyer

Many people think of shoplifting as a harmless, minor crime that is often committed by teens. But in New Jersey, shoplifting is a serious crime that is committed by people of all ages. If you have been accused of committing this crime, it’s best to aggressively fight the charges to keep a shoplifting conviction off of your record.

Don’t face this challenge alone—let the shoplifting lawyers at The Hernandez Law Firm lead the fight for justice.

What Are the Key Elements of Shoplifting in New Jersey?

It’s important to understand how the law defines shoplifting so you know what must be proven in order to convict you of this crime. In New Jersey, shoplifting involves:

Taking merchandise from a retail store without paying for them.
Concealing merchandise from a retail store on your person with the intent to steal it, regardless of whether or not you have actually left the store.
Removing or altering the price tag on merchandise in order to avoid paying full price for an item.
Moving merchandise within a retail store to another display to avoid paying full price for an item.
Entering a lower price at the register when paying for an item.
Stealing a shopping cart from a retail store.

Each of these acts is considered shoplifting. The state must prove that one or more of these acts occurred to convict you of shoplifting.

Additional Details on Shoplifting Acts

The law also recognizes that shoplifting can occur in several nuanced ways beyond simply taking merchandise.

For example, purposely transferring merchandise from one container to another to pay less than the full retail value is also considered shoplifting. This means if someone moves an item from a higher-priced package into a lower-priced one to reduce the price, they can be charged under shoplifting statutes.

Moreover, employees of retail establishments who intentionally under-ring merchandise at checkout to deprive the merchant of full retail value may also face shoplifting charges. This highlights that shoplifting is not limited to customers but can include employees acting with intent to steal.

Intent is Crucial

A key element in shoplifting cases is intent. The prosecution must demonstrate that the person accused purposely intended to deprive the merchant of the merchandise or its full retail value. Simply forgetting to pay for an item or accidentally leaving the store with unpaid merchandise may not meet this legal standard. However, the presence of concealed merchandise or altered price tags can create a strong presumption of intent.

Presumption of Guilt in Concealment

In New Jersey, if a person is found with concealed merchandise from a retail or other retail mercantile establishment on their person or among their belongings, there is a legal presumption that they intended to steal the items.

This presumption can be challenged, but it places the burden on the accused to provide a reasonable explanation for the concealment.

Understanding these key elements can help those facing shoplifting charges to better grasp the seriousness of the offense and the importance of seeking experienced legal representation. A knowledgeable shoplifting defense lawyer can evaluate the evidence, challenge the prosecution’s claims about intent, and work to build a strong defense tailored to the specifics of the case.

Is Shoplifting A Misdemeanor or Felony Crime?

Misdemeanor crimes are “disorderly persons offenses” and felony crimes are “indictable crimes” in New Jersey. Shoplifting can be charged as either a disorderly persons offense or indictable crime depending on the value of the property that was stolen.

If the stolen property was valued at less than $200, it is a disorderly persons offense. If the stolen property was worth between $200 to $500, it is a fourth-degree indictable crime. Shoplifting is a third-degree indictable crime if the value of the property falls between $500 and $75,000. The most serious charge is first-degree shoplifting, which occurs when the stolen property is valued at over $75,000.

What Are the Penalties For Shoplifting in New Jersey?

The penalties for shoplifting will vary depending on the value of the property stolen, as seen in the table below.

Value of the Stolen Property	Degree of Shoplifting	Penalties
Up to $200	Disorderly Persons Offense	Up to 6 months in jail
$200 to $500	Fourth-Degree Indictable Crime	Up to 18 months in prison
$500 to $75,000	Third-Degree Indictable Crime	3 to 5 years in prison
Over $75,000	Second-Degree Indictable Crime	5 to 10 years in prison

These aren’t the only penalties that shoplifting offenders will face. If you are convicted of shoplifting, the court may also order you to pay substantial fines. The victim, which is the retailer, has the right to take legal action against you in order to recover the stolen merchandise or the cost of the stolen merchandise.

Shoplifting is also classified as a crime of moral turpitude. As a result, a shoplifting conviction could lead to deportation for offenders who are not U.S. citizens.

How Can A New Jersey Criminal Defense Attorney Fight Shoplifting Charges?

The dui attorneys at The Hernandez Law Firm can defend you against shoplifting charges in a number of ways. The key to beating many shoplifting charges is proving that you did not intend on committing a crime.

For example, you may not have intended on committing a crime by moving merchandise to a different display or removing the price tag. It could be a huge misunderstanding. You may not have realized that you were leaving the store without paying or concealing items while still inside the store.

This is an innocent mistake that happens far more often than you may think.

Let the criminal defense attorneys at The Hernandez Law Firm review your case today. Our attorneys will build a compelling defense to help you minimize or avoid the legal penalties that come with a shoplifting conviction.

Common Defense Strategies Used by New Jersey Shoplifting Lawyers

Experienced criminal defense lawyers understand that every shoplifting case is unique and requires a tailored approach. Common defense strategies include:

Challenging the intent: Since shoplifting requires purposeful intent to deprive the merchant of merchandise or its full retail value, demonstrating a lack of intent can be a strong defense.
Questioning the evidence: Defense attorneys scrutinize surveillance footage, witness statements, and the circumstances of the arrest to identify inconsistencies or procedural errors.
Proving mistaken identity: Sometimes, individuals are wrongfully accused due to misidentification. A defense lawyer can investigate to establish reasonable doubt.
Arguing de minimis conduct: In cases involving items of very low value or where the conduct was trivial, attorneys may argue that the offense is too minor to warrant prosecution.
Addressing unlawful detention or search: If law enforcement officers or store personnel detained or searched the accused in an unreasonable manner, evidence obtained may be suppressed.

The Importance of Skilled Legal Representation

Facing shoplifting charges can have serious consequences, including jail time, fines, community service, and a permanent criminal record that can affect employment, housing, and immigration status. A New Jersey shoplifting lawyer with experience in criminal defense can navigate the complexities of the law, negotiate with prosecutors, and advocate aggressively on your behalf.

Our team at The Hernandez Law Firm is dedicated to protecting your rights and helping you achieve the best possible outcome, whether that means dismissal of charges, reduction to a lesser offense, or favorable sentencing alternatives.

Understanding the Legal Process and Your Rights

When charged with shoplifting, it is important to understand your rights and the legal process ahead. You have the right to remain silent and to consult with an attorney before answering any questions. Your defense attorney can guide you through arraignment, pretrial hearings, plea negotiations, and trial if necessary.

Early intervention by a skilled criminal defense lawyer can make a significant difference in the outcome of your case. Contact The Hernandez Law Firm promptly to ensure your rights are protected from the outset.

Call Now for A Free Consultation With Our Shoplifting Attorneys

Don’t make the mistake of taking a shoplifting charge lightly. If you are facing these criminal charges, it’s in your best interest to fight them with the help of the shoplifting attorneys at The Hernandez Law Firm.

Let our team stand by your side and work tirelessly to reach the best possible outcome in your case. To learn more about your legal options, schedule a free case evaluation by calling or submitting your information using the contact form on our website today.

Why You Need an Experienced Criminal Defense Attorney

Shoplifting charges can carry serious consequences, including potential jail time, hefty fines, mandatory community service, and a permanent criminal record that can impact your future employment and housing opportunities.

Moreover, if you are not a U.S. citizen, a shoplifting conviction is considered a crime involving moral turpitude under federal immigration law and could jeopardize your immigration status.

An experienced criminal defense attorney understands the complexities of New Jersey shoplifting laws and can help you navigate the legal process effectively. Our shoplifting lawyers will carefully review the evidence against you, challenge any procedural errors, and build a strong legal defense tailored to your case.

The Importance of Early Legal Intervention

Time is critical when facing shoplifting charges. Early intervention by a skilled shoplifting lawyer can make a significant difference in the outcome of your case. Prompt legal representation ensures that your rights are protected from the outset, helps prevent unnecessary self-incrimination, and allows your attorney to begin gathering evidence and negotiating with prosecutors as soon as possible.

Possible Outcomes and Defense Strategies

Depending on the specifics of your case, our attorneys may pursue various defense strategies, such as demonstrating lack of intent, proving mistaken identity, or challenging the legality of your detention. In some cases, it may be possible to negotiate reduced charges or participate in diversion programs like Pretrial Intervention (PTI) or Conditional Dismissal, which can result in dismissal of charges and avoid a permanent criminal record.

Contact Our Shoplifting Defense Lawyer Today

Don’t wait to get the help you need. Contact The Hernandez Law Firm today to schedule your free consultation with one of our dedicated New Jersey shoplifting lawyers. We are committed to providing aggressive and compassionate representation to protect your rights and help you move forward with your life.