What Type Of Charge Is Shoplifting In NJ?
Most questions in life can only be answered with the phrase “it depends”.
Are you going to marry your girlfriend?
It depends on how she responds when you propose right?
The answer to the NJ shoplifting question depends on the value of the merchandise you are accused of stealing.
We will keep things real simple as we explain when shoplifting is a minor crime and when it becomes a major one.
When Is Shoplifting A Misdemeanor In NJ?
Misdemeanors in New Jersey are called Disorderly Person’s Offenses.
Shoplifting is a Disorderly Person’s Offense when the full retail value of the merchandise is less than $200.00
These cases are heard in the lower New Jersey courts called “Municipal Court”.
Every town has a Municipal Court.
When Is Shoplifting A Felony In New Jersey?
A Felony in NJ is called an “Indictable Offense”.
We have 4 types of Indictable Offenses in NJ: First through Fourth Degree.
- Shoplifting is a Second Degree crime if the full retail value of the merchandise exceeds $75,000.00.
- Shoplifting is a Third Degree crime if the full retail value of the merchandise exceeds $500.00.
Shoplifting is a Fourth Degree crime if the full retail value of the merchandise exceeds $200.00.
To learn the prison term length for each degree, please click here.
You Must Know This Very Important
Shoplifting Law In New Jersey
If you have been convicted of Shoplifting three times in New Jersey, you will be sent to jail for 90 days.
Under NJSA 2C:20-11 C (4), “any person convicted of a third or subsequent offense shall serve a minimum term of imprisonment of not less than 90 days”.
Society considers you a danger and you must be stopped from shoplifting.
This is why the court has no choice but to impose a mandatory ninety-day jail sentence.
If the facts surrounding your arrest don’t support a Shoplifting charge, then you may be facing a different theft offense.
Remember: Facts make cases.
What if you are facing your third Shoplifting charge, with a mandatory minimum jail sentence of 90 days, but the State’s case is weak?
Does the State offer you a great plea deal?
Do you take the deal or do we take the case to trial?
What do you have to lose?
What If your only choice is to either plead guilty or go trial? Why not put up a fight?
A guilty plea will result in an automatic, mandatory, minimum sentence of ninety days in jail.
Why not go down swinging?
You have many things to consider when you are facing 3 months in jail.
Let us help you.