HACKENSACK, NJ - Individuals charged with shoplifting in New Jersey face penalties ranging from six months in jail for merchandise under $200 to ten years in prison for theft exceeding $75,000, with classifications determined entirely by the retail value of stolen property. Bergen County shoplifting lawyer Adam M. Lustberg of Lustberg Law Offices, LLC (https://www.lustberglaw.com/blog/shoplifting-laws-in-new-jersey/) outlines how the state defines shoplifting offenses, the penalties for each classification level, and available defenses for those facing these charges.
According to Bergen County shoplifting lawyer Adam M. Lustberg, New Jersey statute NJS 2C:20-11 defines shoplifting more broadly than simply walking out with unpaid merchandise. The law encompasses actions including altering price tags, transferring items to cheaper containers, concealing merchandise while still inside the store, and removing anti-theft devices. "Prosecutors must prove you intended to deprive the store of merchandise or payment," explains Lustberg. "Accidentally walking out with an item you forgot to scan can serve as a valid defense when the evidence supports your version of events."
Bergen County shoplifting lawyer Adam M. Lustberg emphasizes that the state classifies offenses by merchandise value. Property valued under $200 constitutes a disorderly persons offense handled in municipal court, while amounts between $200 and $500 elevate the charge to a fourth-degree indictable crime prosecuted in Superior Court. Third-degree charges apply to merchandise valued at $500 to $75,000, and second-degree charges involve property valued at more than $75,000.
Lustberg notes that first-time offenders often qualify for diversionary programs that can result in the complete dismissal of charges. New Jersey maintains a presumption of non-incarceration for first-time shoplifting offenders, particularly on lower-level charges. "First-time offenders charged with disorderly persons offenses often qualify for conditional dismissal or pretrial intervention programs," he adds. "Upon successful completion of requirements like community service, counseling, or restitution, prosecutors dismiss the charges entirely, leaving no conviction on your record."
The firm handles cases throughout Bergen County Superior Court in Hackensack and municipal courts across the region. Beyond criminal penalties, individuals face civil liability to store owners under New Jersey law, which permits retailers to seek damages for the value of merchandise, up to $500 if not returned in original condition, and costs associated with apprehension.
Attorney Lustberg advises that several defenses may apply depending on the case facts and available evidence. Common defenses include mistaken identity when surveillance footage is unclear, lack of intent for honest mistakes such as forgetting an item in a cart, medical emergencies that caused someone to leave without paying, improper stops or searches that violated constitutional rights, and false accusations by employees. "Honesty with your attorney about what occurred is essential," Lustberg observes. "Attorneys can only build effective defenses when they know the complete and accurate facts."
The statute of limitations for shoplifting charges varies by classification. For disorderly persons offenses involving merchandise valued at less than $200, prosecutors must file charges within 1 year of the date the offense is discovered. When the value exceeds $200, making the offense indictable, the statute of limitations extends to five years.
Expungement of shoplifting convictions requires a five-year waiting period from the date of conviction for disorderly persons offenses, with fourth-degree crimes generally eligible after five years. "The expungement process is not automatic," states Lustberg. "You must file a petition with the court, serve notice on required parties, and attend a hearing where the judge exercises discretion to grant or deny the request."
For individuals facing shoplifting charges in Bergen County and across New Jersey, consulting with experienced legal counsel may help protect rights and minimize the impact on employment, education, and future opportunities.
About Lustberg Law Offices, LLC:
Lustberg Law Offices, LLC is a Hackensack-based law firm focused on criminal defense throughout Bergen County and New Jersey. Led by attorney Adam M. Lustberg, who holds a 10/10 rating on Avvo and has been named to the Super Lawyers Rising Stars list for six consecutive years, the firm represents clients at every stage of the criminal justice system from initial detention hearings through jury trials. For consultations, call (201) 880-5311.
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Phone: (201) 880-5311
Address:1 University Plaza Dr #212
City: Hackensack
State: New Jersey 07601
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Website: https://www.lustberglaw.com/
