New Jersey Follows Pennsylvania and Makes Significant Enhancements to Retail Theft Crimes to Protect Businesses & Consumers–What is the difference between Robbery & Theft?
In New Jersey, retail theft has cost businesses millions of dollars and has driven up the cost of goods for consumers in the Garden State. Recently, New Jersey Governor Phil Murphy signed into law a bill which establishes an upgrade of certain criminal offenses related to retail theft.
Specifically, the new retail theft laws impose stricter penalties on crimes as follows:
- Upgrades a simple assault (disorderly person – non felony) to an aggravated assault (felony) when it is committed against a retail employee engaged in the performance of their duties
- Establishes fostering the sale of stolen property as a disorderly person’s offense
- Provides that the value of merchandise involved in the shopping lifting offense may be used to upgrade the offense.
- Provides that a person can be sentenced to an extended prison term for repeat convictions related to retail theft.
This new law specifically targets what New Jersey believes to be organized retail. Authorities believe that the spike in retail theft is due to the operation of professional thieves that are moving through New Jersey, stealing merchandise, and selling them on the gray marketplace.
New Jersey Follows Pennsylvania and New York on Retail Theft Crimes
New Jersey enacted this law and now joins similar States like New York and Pennsylvania, which have already adopted similar measures against retail theft. Pennsylvania now grades theft as a felony offense when the defendant is a repeat offender.
What is defined as Shoplifting (Retail Theft) in New Jersey?
Shoplifting in New Jersey is defined as the removal of items from a store without paying for them and incorporates different actions within that subject area.
Shoplifting would ALSO include any of the following:
- Removing the original packaging and hiding it in other merchandise.
- Attempting to remove or remove security tags.
- Altering the price tag of item (aka switching price tags.)
- Placing an item in your purse, pocket, or body without paying for it while walking around the store.
How is Shoplifting (Retail Theft) Graded as a Criminal Offense in New Jersey? Does the value matter?
Shoplifting can be grading as a disorderly person’s offense if the value of the item involved is $200.00 or less. If the value of the item, however, exceeds $200.00 it is generally regarded as an indictable crime or a felony offense in New Jersey.
In New Jersey stealing $500.00 or more of merchandise is considered a crime of the 3rd degree and the person guilty of it is subject to 3 to 5 years of State prison along with a fine of up to $15,000.00.
Shoplifting is a crime of the 2nd degree if the value of the item taken is over $75,000.00.
What is the difference between robbery and theft?
Robbery is a theft committed by force; it is considered a violent felony crime. The degree of force is irrelevant when it comes to being accused of robbery, but it will determine the severity of the charge. First degree felony robbery is committed if the perpetrator inflicts or intentionally puts the victim in fear of serious bodily injury during the course of an unlawful “taking” (theft).
What to do if you are charged with shoplifting in New Jersey!
Shoplifting is a serious crime in New Jersey. Even if you are not charged with a felony crime, it can still substantially hinder your professional and personal goals! Do not simply plead guilty to it without speaking to a criminal defense lawyer about your options! If you are facing a shoplifting charge in New Jersey, contact our criminal defense law firm today!
