New Jersey shoplifting attorney Adam M. Lustberg (https://www.lustberglaw.com/blog/is-shoplifting-a-misdemeanor/) discusses the legal implications of shoplifting charges in New Jersey and how these offenses are classified under state law. In his latest article, “Is Shoplifting a Misdemeanor?” he explains the legal consequences of shoplifting, the potential penalties, and the available defense strategies for those accused.
Shoplifting is taken seriously in New Jersey, with strict penalties in place to deter such offenses. According to New Jersey shoplifting attorney Adam M. Lustberg, the state does not use the terms “misdemeanor” or “felony” but instead classifies offenses as disorderly persons offenses or indictable offenses. The severity of a shoplifting charge depends on the retail value of the allegedly stolen items. “New Jersey imposes strict laws and penalties, including mandatory jail time in some cases and hefty fines,” said Adam M. Lustberg. “A conviction for shoplifting can have serious consequences on a person’s life, making it essential to seek legal guidance as soon as possible.”
Under New Jersey law, shoplifting is not limited to taking merchandise without paying. Other actions that may constitute shoplifting include altering price tags, attempting to remove security tags, and concealing merchandise with the intent to steal. New Jersey shoplifting attorney Adam M. Lustberg emphasizes that prosecutors often use various forms of evidence, such as surveillance footage and witness testimonies, to build their cases. New Jersey classifies shoplifting charges based on the total value of the merchandise involved. If the stolen items are valued at $200 or less, the charge is a disorderly persons offense, carrying a penalty of up to six months in jail, probation, and community service. If the value of the stolen goods falls between $200 and $500, the charge becomes a fourth-degree indictable offense, which may lead to up to 18 months in prison, though first-time offenders may qualify for probation or alternative sentencing. When the stolen merchandise is valued between $500 and $75,000, the charge is a third-degree indictable offense, punishable by a prison sentence of three to five years. A second-degree indictable offense applies when the stolen items exceed $75,000 in value, carrying a prison sentence of five to ten years.
A shoplifting conviction also carries mandatory community service, and repeat offenders face even harsher penalties. If convicted of shoplifting three times, New Jersey law mandates a 90-day jail sentence, regardless of the stolen merchandise's value. Juveniles charged with shoplifting have their cases heard in the Family Division of the Superior Court, but this does not necessarily mean lighter penalties. They may still face fines, civil damages, and even detention in a juvenile facility. A shoplifting conviction on a juvenile record can also have long-term consequences, including affecting future sentencing if the individual faces further criminal charges as an adult.
New Jersey shoplifting attorney Adam M. Lustberg explains that several defenses can be used to challenge shoplifting accusations. One of the most common defense strategies is arguing a lack of intent. For a conviction, the prosecution must prove beyond a reasonable doubt that the defendant intentionally attempted to steal merchandise. Cases involving misunderstandings—such as forgetting to scan an item or unintentionally concealing an item—may be dismissed due to insufficient intent. Other defenses include mistaken identity or insufficient evidence. Surveillance footage or witness statements can sometimes be unreliable, leading to wrongful accusations. In some cases, procedural violations by law enforcement or store security, such as unlawful searches or detentions, can result in the exclusion of evidence, weakening the prosecution’s case.
New Jersey also offers diversion programs for first-time offenders. Programs like Pretrial Intervention (PTI) and Conditional Dismissal allow individuals to avoid a conviction by completing probation-like conditions. Upon successful completion, the charges are dismissed, preventing a permanent mark on the defendant’s record. Beyond the criminal penalties, a shoplifting conviction can have significant long-term consequences. New Jersey shoplifting attorney Adam M. Lustberg highlights that shoplifting is considered a crime of moral turpitude, which can impact immigration status, employment, and professional licensing. For non-citizens, a shoplifting conviction can lead to deportation or inadmissibility, making it difficult to obtain a green card or reenter the United States. Individuals with a second conviction for a crime of moral turpitude may face mandatory removal under federal immigration law.
A conviction can also result in civil liability, as retailers can sue the defendant for damages related to the stolen merchandise. Additionally, professional licenses may be suspended or revoked due to the moral implications of a shoplifting conviction, potentially affecting career prospects. A shoplifting charge in New Jersey can have serious legal and personal consequences. Adam M. Lustberg and the legal team at Lustberg Law Offices, LLC work with individuals facing these charges to build strong defense strategies. The firm assists clients in addressing civil demand letters and exploring alternatives such as the Conditional Dismissal Program or Pretrial Intervention. Seeking legal representation early can significantly impact the outcome of a shoplifting case, allowing individuals to protect their rights and explore possible defense strategies.
About Lustberg Law Offices, LLC:
Lustberg Law Offices, LLC is a New Jersey-based law firm focused on criminal defense, including shoplifting, theft crimes, and other offenses. Led by Adam M. Lustberg, the firm is dedicated to providing legal support to individuals facing criminal charges. With a deep understanding of New Jersey law, the firm advocates for clients to achieve the best possible legal outcomes.
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