Legal landscape note: This article was originally published in 2017 and describes the law as it stood at that time. New Jersey law changes frequently.
Store security stopped you at the door, the police were called, and now a summons says you are charged with shoplifting. However minor the moment felt -- and however large the corporation on the other side -- the consequences of a conviction can follow you for the rest of your life, including a permanent criminal record and the potential loss of employment. In New Jersey, how serious the charge is turns almost entirely on one number: the value of the merchandise.
The charges you will face in court depend upon the value of the items that you are accused of attempting to shoplift. If you are being accused of shoplifting an item that is greater in value than $200 but less than $500, this is considered a 4th degree indictable (felony) in New Jersey and carries penalties of up to 18 months in jail or up to $10,000 in fines. For a fourth-degree offense, a New Jersey criminal defense lawyer can review the specifics of your situation.
A third-degree indictable (felony) shoplifting charge carries more severe penalties. If the merchandise which you are accused of shoplifting is valued at above $500 but below $75,000, it is classified as a third-degree indictable (felony). If convicted, third-degree shoplifting felonies are punishable by three to five years imprisonment, as well as up to $15,000 in fines.
An Illustrative Decision Point
Consider a hypothetical self-checkout case in which the receipt omits several items, while the shopper says the scanner repeatedly malfunctioned and an employee assisted during the transaction. The receipt proves what was charged, but it does not alone resolve intent, merchandise value, or what the surveillance recording shows.
Preserve the summons or complaint, receipt, payment record, item list and prices, store correspondence, witness names, and any notice that video exists. Counsel should compare the charged grading with the documented value, examine the evidence of purpose, and request time-sensitive recordings or reports before they are lost. This hypothetical does not predict dismissal or downgrade of the charge.