Shoplifting Defense Attorney in Atlantic City, NJ

Shoplifting in New Jersey is not a minor crime. It may not seem very serious to those who think nothing of taking a pack of gum or a candy bar, but the penalties can be steep. Shoplifting can lead to criminal charges, fines, civil penalties, and even jail time. The law covers much more than simply taking merchandise. It also includes actions like altering price tags, concealing items, or trying to avoid paying full price.

What Counts as Shoplifting Under New Jersey Law?

The intent to deprive the merchant of the full value is the key element of shoplifting. Under N.J.S.A. 2C:20-11, shoplifting includes:

• Taking items without paying
• Concealing merchandise
• Removing or altering price tags
• Transferring goods to a different container to underpay
• Under-ringing items at checkout
• Attempting to steal, even if you do not leave the store

Penalties for Shoplifting Charges in New Jersey

New Jersey requires a minimum of 10 days of community service for all shoplifting convictions. Additional penalties depend on the value of the merchandise:

• Value of less than $200: Up to six months in jail and up to $1,000 in fines
• Value of $200 to $500: Up to 18 months in prison and higher fines
• Value of $500 to $75,000: 3 to 5 years in prison
• Value of $75,000 or more: 5 to 10 years in prison

Defending a Shoplifting Charge in New Jersey

Defending a shoplifting charge in New Jersey requires a careful review of the facts, the store’s procedures, and the evidence collected by law enforcement. A strategic defense can often reduce or dismiss the charges. Here are some defenses to consider:

• Challenging intent to steal. The prosecution must prove intent to permanently deprive the store of merchandise. Common defense arguments include:

  • You accidentally walked out holding an item.
  • You were distracted or dealing with a medical issue.
  • You believed someone else already paid for it.

• Mistaken identity or wrongful accusation. Loss prevention officers sometimes misidentify customers or rely on poor-quality video footage. Any doubt about who actually committed the act helps the defense. Defenses include:

  • Unclear surveillance video.
  • Inconsistent witness statements.
  • Clothing similarities with another shopper.

• Errors by store security. Stores must follow certain procedures when detaining someone. When they fail to do so, it can undermine the entire case. Examples include:

  • Illegally detaining a person without reasonable suspicion.
  • Searching bags or personal belongings without consent.
  • Failing to record or preserve surveillance video.

• Value of the merchandise is unproven. Penalties in New Jersey depend heavily on the item’s retail value. Challenging that value can reduce a charge from an indictable crime to a disorderly persons offense. Issues include:

  • Incorrect price records.
  • Sale or clearance pricing not accounted for.
  • Multiple items grouped together without proof that you took all of them.

Speak With an Atlantic City Shoplifting Lawyer Today

Shoplifting charges can be serious. Do not ignore them. Seek legal help from an Atlantic City criminal defense lawyer from Law Offices of Melissa Rosenblum, LLC. We are prepared to advocate fiercely on your behalf. To schedule a consultation, contact us via (609) 904-6262 or online here.