NewsJuly 18, 20240 comments

Can You Go to Jail for Shoplifting?

Shoplifting is a common criminal offense, and jail time for shoplifters is likely more common than you imagine. That’s why it’s important to contact a shoplifting lawyer or criminal defense attorney who handles this charge. What you receive as a sentence depends on the details of your charges and the strength of your defense.

For example, states like New Jersey makes jail time a possibility for anyone who takes merchandise from a store. Moreover, a conviction can also affect your career and housing opportunities. Again, retaining the services of an experienced Wantagh, NY, shoplifting defense lawyer can often help you achieve a better outcome, including avoiding jail time whenever possible.

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Forms of Shoplifting

In most states, you can get arrested for one of five forms of shoplifting.

Removing item(s). If you take merchandise out of a store on purpose with the intent to deprive the owner of the value of the item(s), you’re shoplifting.
Concealing an item or items. Hiding what a merchant sells with the intent to take it without paying is also shoplifting.
Changing or switching price tags. This type of activity is also called shoplifting.
Under-ringing merchandise. Charging a price for an item(s), so it reflects less than the full retail price is defined as shoplifting as well. This form of shoplifting does not cover receiving money from fraudulent refund receipts. That’s because the offense defines merchandise going out of a store, not returned products.
Transferring Merchandise into a Container. Transferring item(s) to a container to commit theft is another major form of shoplifting.

Punishments for Shoplifting Convictions

The fines and penalties imposed for shoplifters depend on the amount of merchandise stolen, whether it’s a first offense, and if the shoplifter is a minor or adult.

As an example, below are the fines and jail time possible for a shoplifting charge in New Jersey:

Disorderly Person Offense. If you steal property up to $200, you might face six months in jail and a fine of up to $1,000.
Fourth Degree Shoplifting Offense. If the property you steal is between $200 and $500, you may have to spend 18 months in prison and pay a fine of up to $10,000.
Third Degree Shoplifting Charge. If you’re convicted of a third-degree shoplifting offense, you’ve stolen property valued between $500 and $75,000. This offense may lead to prison time from 3 to 5 years and a fine of up to $15,000.
Second Degree Offense. Taking property worth over $75,000 can lead to 5 to 10 years in prison and the payment of a fine of up to $150,000.

A First Shoplifting Offense

Shoplifting is considered a serious charge. However, many first offenders believe they can skirt a jail or prison sentence, but this is not always the case. You should always contact a criminal defense attorney, even for a first offense. They can handle the legal process and tell you where you stand when facing this charge.

Penalties Usually Increase for Repeat Shoplifting Offenses

If you have been charged with shoplifting multiple times, the penalties and consequences will likely be greater than for a first offense. Repeat shoplifting offenses are considered more serious by the courts, and they often result in harsher punishments.

When determining the penalties for a repeat shoplifting offense, the court will take into account your prior criminal history and the severity of the current offense. If you have a history of previous shoplifting convictions, the court is more likely to impose stricter penalties, such as fines, probation, community service, or even jail time.

Repeat offenders are seen as a greater risk to society and are less likely to be given leniency or the benefit of the doubt. The court wants to discourage individuals from engaging in shoplifting behavior repeatedly, as it indicates a lack of remorse or willingness to change.

Additionally, repeat shoplifting offenses may also result in civil consequences, such as being barred from certain stores or shopping centers. Retailers have the right to protect their businesses and property, and they may take legal action to prevent habitual shoplifters from entering their premises.

Considering the potential consequences and the effects a shoplifting conviction can have on your future, always seek criminal defense representation if you are facing charges for a repeat offense.

Negotiating a Shoplifting Charge

Indeed, the right criminal defense attorney can often negotiate down a shoplifting charge or reduce the penalties. By retaining experienced legal counsel, you have the best opportunity to avoid jail or prison time.

Remember that, in most instances, a shoplifter is usually captured on a store camera from the moment of entry to the time they exit the store. As a result, many prosecutors find the cases easier to prosecute while criminal defense lawyers may find the charges challenging to defend.

Therefore, it’s best to work with a lawyer who will negotiate with a prosecutor to reduce the charge and seek probation instead of jail time.

Pretrial Intervention and Conditional Dismissal

You might apply for Pretrial Intervention (PTI) or a Conditional Dismissal to avoid a conviction and jail. These diversionary programs require probation in place of plea bargaining. You may qualify as long as you aren’t currently participating in a diversionary program and have not been convicted of an offense.

Not everyone who wants to enroll is accepted. Therefore, getting legal help is imperative.

Each diversionary program is set up to meet the facts of the shoplifting case. It may include supervision, community service, drug testing, and counseling. People who’ve been indicted and completely finish the program will have their charges dismissed and avoid a criminal history.

Arrange a Consultation with a Criminal Defense Lawyer Now About Your Shoplifting Charge

If you’ve been charged with shoplifting, you need to talk to a criminal defense lawyer experienced in representing defendants facing similar charges. The right lawyer will know how to develop a strong defense strategy with the goal of avoiding jail time whenever possible. Never delay in seeking criminal defense attorney.