A recent decision of the Superior Court’s Appellate Division discussed the grading of shoplifting offenses. This is important for anyone who has been charged with shoplifting, which is one of the more common offenses heard in New Jersey’s municipal courts. As shoplifting lawyers in New Jersey, we closely track decisions concerning this offense.
Under our criminal code as currently written, shoplifting will be considered a third degree offense “if the full retail value of the merchandise exceeds $500.00 but is less than $75,000.00”. Shoplifting is a fourth degree offense “if the full retail value of the merchandise is at least $200.00 but does not exceed $500.00.” The statute defines “full retail value” as “the merchant’s stated or advertised price of the merchandise”.
While, as noted above, shoplifting offenses are typically heard in the municipal court of the municipality where the shoplifting occurred, it is always possible for these case to be heard in the Superior Court if the dollar amount brings the charge to the level of a third or fourth degree offense. This is significant since the charge is then treated as an indictable (e.g., felony) matter. A third degree indictable charge can carry a state prison sentence of between three and five years, and fourth degree indictable charge can result in a state prison sentence of up to 18 months. Only a New Jersey shoplifting attorney can review the facts of your case and explain what your actual exposure may be. Continue reading ›