Oftentimes, the terms shoplifting and theft are used interchangeably. However, the state of New Jersey has specific, separate statutes when it comes to shoplifting and theft. Read on to discover the difference between the two and how a seasoned Morristown criminal defense lawyer at Graves Andrews, LLC can fight against the accusations you may be facing.
What constitutes shoplifting in the state of New Jersey?
The state of New Jersey has statutes that recognize the main types of shoplifting. They are as follows:
- An individual purposefully takes merchandise from a store.
- An individual purposefully conceals merchandise when leaving a store.
- An individual purposefully alters price tags on merchandise in a store.
- An individual purposefully transfers merchandise to another container from a store.
- An individual purposefully has a cashier change less than the price of the merchandise.
The penalties associated with shoplifting are contingent upon the circumstances surrounding the case. Potential consequences are as follows:
- Shoplifting property that is worth less than $200:
- A fine of up to $1,000.
- A maximum jail sentence of six months.
- Shoplifting property that is worth between $200 to $500:
- A fine of up to $10,000.
- A maximum jail sentence of 18 months.
- Shoplifting property that is worth between $500 to $75,000:
- A fine of up to $15,000.
- A maximum jail sentence of five years.
- Shoplifting property that is worth more than $75,000:
- A fine of up to $150,000.
- A maximum jail sentence of 10 years.
What constitutes theft in the state of New Jersey?
In a similar sense, the state of New Jersey has statutes that identify the major kinds of theft. They are as follows:
- An individual purposefully steals a movable property that is not theirs.
- An individual purposefully steals an immovable property that is not theirs via an unlawful transfer (i.e., real estate).
- An individual purposefully steals a service that they have not paid for (i.e., cable service).
- An individual purposefully gives a false impression to obtain the property of another individual (i.e., charity).
- An individual purposefully receives property that they know was stolen.
The potential penalties for a theft offense are also similar to that of a shoplifting offense. Though, their severity may be increased depending on the following circumstances surrounding your case:
- Whether an individual stole property while possessing a firearm.
- Whether an individual stole property while using or threatening to use violence.
- Whether the stolen property in question was an illegal substance.
- Whether the stolen property in question was a prescription blank.
- Whether the stealing of property was a breach of obligation by a fiduciary.
With all that being said, regardless of whether you have shoplifting or theft charges against you, you must consult with a competent Morristown criminal defense lawyer as soon as possible. Schedule an initial consultation with us today.
