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Shoplifting

Shoplifting in New Jersey

Serious Theft Charge – Not Just “A Store Issue”

In New Jersey, shoplifting is treated as a real theft crime, not just a minor store problem. A conviction can mean jail or state prison, mandatory community service, a permanent record for stealing, and serious damage to your job and future.

New Jersey’s shoplifting law is found at N.J.S.A. 2C:20-11. It covers much more than just “walking out without paying.” Under this statute, a person can be charged with shoplifting if they:

  • Take or carry away merchandise with the intent to deprive the store of its value

  • Conceal merchandise on their person or in a bag or cart

  • Switch or alter price tags to pay less than full value

  • Move merchandise from one container/box to another to cheat the store

  • Under-ring items at the register (including self-checkout)

  • Remove a shopping cart from the premises intending to steal it

If you’ve been charged with shoplifting in Monmouth County or anywhere in New Jersey, you’re facing a criminal accusation that can follow you for years. Having an experienced defense attorney matters.

How Attorney Mark Bailey Approaches Shoplifting Cases

Attorney Mark Bailey understands that shoplifting charges often come from:

  • A genuine misunderstanding or mistake at the register or self-checkout

  • A moment of poor judgment, stress, addiction, or mental health issues

  • Overzealous loss-prevention staff or thin evidence (bad video, assumptions)

He takes a selective, hands-on approach, limiting the number of cases he handles so he can:

  • Obtain and review surveillance video, loss-prevention reports, and police reports

  • Analyze whether the State can actually prove intent to steal, which is required for a conviction

  • Check the full retail value the store is claiming, since that number determines the degree of the charge

  • Explore options for dismissal, downgrade, conditional dismissal, or other alternatives that protect your record

The goal is to keep one incident from becoming a permanent “theft” label on your record.

What Counts as Shoplifting in New Jersey?

Under N.J.S.A. 2C:20-11(b), shoplifting includes any of the following, done on purpose and with intent to deprive the merchant of full value:

  1. Taking or carrying away merchandise

  2. Concealing merchandise on or off the premises

  3. Altering, transferring, or removing price tags or labels

  4. Transferring merchandise to a different container

  5. Under-ringing merchandise (including at self-checkout)

  6. Removing a shopping cart from the premises without permission

New Jersey law also creates a powerful presumption: if you purposely conceal unpurchased merchandise, either in the store or right outside, that concealment is prima facie evidence that you intended to steal it.

That means hiding items in a bag, under clothing, or in a cart compartment can be used by the State as strong evidence of intent, even before you reach the door.

Grading Shoplifting: From Disorderly Persons to Second-Degree Crime

New Jersey grades shoplifting almost entirely on the full retail value (FRV) of the merchandise. Under N.J.S.A. 2C:20-11(c):

  • Second-Degree Crime

    • FRV $75,000 or more, or

    • Offense committed in furtherance of an organized retail theft enterprise with FRV $1,000 or more

    • Penalties: 5–10 years in state prison, fines up to $150,000

  • Third-Degree Crime

    • FRV more than $500 but less than $75,000, or

    • Organized retail theft enterprise with FRV less than $1,000

    • Penalties: 3–5 years in state prison, fines up to $15,000

  • Fourth-Degree Crime

    • FRV $200–$500

    • Penalties: up to 18 months in state prison, fines up to $10,000

  • Disorderly Persons Offense (Municipal Court)

    • FRV less than $200

    • Penalties: up to 6 months in county jail, fines up to $1,000

New Jersey also allows aggregation of multiple acts in one scheme or with an organized retail theft enterprise to reach a higher dollar amount and make the charge more serious.

Mandatory Community Service & Jail for Repeat Offenders

On top of the usual sentencing ranges, New Jersey law imposes extra mandatory penalties for shoplifting:

  • First offense: at least 10 days of community service

  • Second offense: at least 15 days of community service

  • Third or subsequent offense:

    • Up to 25 days of community service

    • Mandatory minimum 90 days in jail

So if you already have two shoplifting convictions, a third conviction requires a jail term—no matter what the new dollar amount is.

Collateral Consequences of a Shoplifting Conviction

A shoplifting conviction is essentially a conviction for a theft offense, and that can do long-term damage far beyond the courtroom, including:

  • A permanent criminal record for dishonesty, visible to employers and landlords

  • Problems with professional licensing (teaching, nursing, finance, etc.)

  • Immigration consequences for non-citizens

  • Difficulty in obtaining certain government benefits or clearances

  • Issues in family court or custody disputes, where honesty and judgment are at issue

For students and young adults, a shoplifting record can affect college admissions, internships, and job prospects years down the line.

Defenses & Strategies in Shoplifting Cases

Every case is different, but common defense themes in shoplifting cases include:

1. Lack of Intent to Steal

The State must prove you intended to deprive the merchant of value. If you:

  • Forgot an item in the cart

  • Got confused at self-checkout

  • Thought someone else had already scanned or paid for the item

—those facts can undercut the claim that you intentionally tried to steal.

2. Bad Identification / Video Issues

Loss-prevention and store video are not always clear. A good defense looks at:

  • Whether the person in the video is really you

  • Whether the video clearly shows concealment or under-ringing

  • Whether the timeline or angles support or contradict the store’s story

3. Problems With Loss-Prevention Procedures

Store security sometimes:

  • Detains people without seeing all the relevant actions

  • Pressures suspects into signing statements

  • Misunderstands what they saw in a busy store

A careful review of reports, video, and witness statements often reveals weaknesses in the accusation.

4. Overstated Value or Aggregation

Sometimes stores or prosecutors:

  • Miscalculate the full retail value

  • Add items that weren’t actually taken

  • Aggregate separate incidents to bump the grading up

Challenging the FRV can be the difference between indictable felony exposure and a municipal-level disorderly persons offense.

5. First-Offender & Diversion Options

If the evidence is strong but you have little or no record, your attorney can explore:

  • Conditional dismissal in municipal court (for some disorderly persons cases)

  • Plea negotiations that avoid a theft label or reduce the degree

  • Outcomes that may later be expunged, protecting your long-term record

How Mark Bailey Can Help

Attorney Mark Bailey will:

  • Review all discovery: video, store reports, police reports, witness statements

  • Examine whether your conduct actually fits the legal definition of shoplifting under N.J.S.A. 2C:20-11

  • Challenge the proof of intent and the claimed full retail value

  • Look for ways to downgrade, divert, or resolve the case to protect your record and avoid jail

  • Advise you on expungement possibilities and long-term damage control

 

Whether your case involves a small item at a local store or a larger allegation at a big-box retailer, the goal is the same: minimize the impact and protect your future.

The Law Office of Mark A. Bailey is ready to help you understand your charges, review the evidence, and build a strategy aimed at keeping you out of jail and protecting your record.

Contact Mark Bailey today for a confidential consultation to discuss your shoplifting case and your options moving forward.