No matter the extenuating circumstances, stealing property that does not belong to you is a wrongful act. And contrary to what you may originally assume, this is not considered a petty crime under the eyes of New Jersey law enforcement and criminal code. This is regardless of whether your actions constitute shoplifting or burglary. Without any further introduction, please read on to discover the difference between shoplifting and burglary and how a seasoned Morristown criminal defense lawyer at Graves Andrews, LLC can help you avoid the repercussions of either criminal offense.
What is the difference between shoplifting and burglary offenses?
Shoplifting and burglary do not necessarily go hand-in-hand, according to New Jersey criminal law. On the one hand, shoplifting is considered to be a form of theft. With that, it is the act of lawfully entering a retail establishment during normal business hours and taking merchandise or property without paying for it. This may be done by purposefully concealing merchandise on your person; transferring merchandise from its original package to another container to avoid anti-theft detections; colluding with a cashier to “under-ring” the merchandise at checkout; and more.
On the other hand, burglary may be done by unlawfully entering a retail establishment at any time of day or night with the intent to commit a crime, such as theft. So, you can be charged with both burglary and theft simultaneously. Ultimately, burglary may be premeditated while shoplifting may happen impulsively. An example of burglary is if you break into the retail establishment’s storeroom and use certain tools to steal merchandise.
What are the different criminal punishments for shoplifting and burglary?
Well, first off, shoplifting is sometimes considered a disorderly persons offense while burglary is not. That is, shoplifting merchandise valued at $200 or less may call for a disorderly persons offense with a jail sentence of up to six months and a fine of up to $1,000. Or, this may be upgraded to a fourth-degree felony offense if $200 to $500 worth of merchandise was stolen, which comes with a prison sentence of up to 18 months and a fine of up to $10,000.
Then, depending on the circumstances, shoplifting and burglary may both be considered third-degree or second-degree felony offenses. The criminal punishments for a third-degree felony offense are a prison sentence of three to five years and a fine of up to $15,000. For a second-degree offense, this is five to 10 years of prison time and up to $150,000 in fines. Of note, burglary charges are not upgraded based on the dollar amount of merchandise stolen, like how shoplifting is measured. Rather, it depends on whether you injured or attempted to injure someone; you intentionally or recklessly caused bodily harm; and if you were armed at the time of the criminal act.
In conclusion, you should know that a competent Morristown criminal defense lawyer is here to assist you with whatever your legal issue may be at this time. So please reach out to us at Graves Andrews, LLC today.
