If you’ve been charged with retail theft or shoplifting in New Jersey, you’re probably feeling overwhelmed and unsure what these terms actually mean. Are they the same? Is one more serious than the other? And most importantly, what can you do to protect your future?
These are questions we hear often at Davis Law Firm, LLC, where we help individuals across Mercer County and surrounding communities navigate criminal charges with clarity and confidence. Whether it’s your first offense or a repeat allegation, understanding the difference between retail theft and shoplifting can shape your legal strategy and impact the outcome of your case.
In this article, we’ll break down how New Jersey law defines these offenses, what penalties you could face, and what steps to take if you’ve been charged.
What Is Retail Theft in New Jersey?
Retail theft refers broadly to the unlawful taking of merchandise from a retail establishment. This can include:
- Concealing items with intent to steal
- Altering price tags or packaging
- Removing items without paying
- Using fraudulent returns or exchanges
New Jersey law doesn’t use the term “retail theft” in its statutes. Instead, these actions fall under N.J.S.A. 2C:20-11, which defines shoplifting as a criminal offense. That said, “retail theft” is often used by law enforcement and retailers to describe the same conduct.
What Is Shoplifting Under NJ Law?
Shoplifting in New Jersey is a specific criminal charge that includes several types of conduct:
- Taking merchandise without paying
- Concealing merchandise with intent to steal
- Altering or transferring price tags
- Under-ringing items at checkout
- Removing shopping carts from store premises
The law also covers collaborative theft, where two or more individuals work together to steal merchandise. Whether you physically took an item or assisted someone else, you could face shoplifting charges.
So, What’s the Difference?
While “retail theft” and “shoplifting” are often used interchangeably, the key distinction lies in how the term is used:
- Retail theft is a general term used by stores and police to describe theft from a retail business.
- Shoplifting is the legal charge under New Jersey criminal law.
In other words, if you’re arrested for retail theft, you’ll likely be charged with shoplifting under N.J.S.A. 2C:20-11.
Penalties for Shoplifting in NJ
The seriousness of a shoplifting charge in New Jersey depends on the total value of the items involved. Here's how the law breaks it down:
- Items valued under $200: This is typically charged as a disorderly persons offense. If convicted, it would carry up to six months in jail and a fine of up to $1,000.
- Items valued between $200 and $500: This falls under a fourth-degree indictable offense, which carries a potential sentence of up to 18 months in prison and fines that may reach $10,000.
- Items valued between $500 and $75,000: Considered a third-degree crime, this level of offense can result in three to five years of incarceration and fines up to $15,000.
- Items valued above $75,000: This is classified as a second-degree crime. Penalties may include five to ten years in prison and fines as high as $150,000.
These thresholds apply whether the merchandise was taken from a store, concealed with intent to steal, or involved coordinated efforts with others. The court may also impose restitution, community service, or probation depending on the circumstances.
Repeat Offenses and Enhanced Penalties
New Jersey law imposes increasingly severe consequences for repeat shoplifting convictions. A third offense triggers a mandatory minimum jail sentence of 90 days, regardless of the value of the merchandise involved.
However, under legislation signed in April 2025 (A4755/S3587), courts now have broader discretion to impose extended prison terms for repeat offenders, especially in cases involving organized retail theft or coordinated group activity.
Additional penalties may include:
- Mandatory community service
- Restitution to the retailer
- Fines and probation
- Ineligibility for diversion programs like Conditional Dismissal
For individuals facing a third or subsequent offense, especially those involving organized activity, the court may also consider related charges such as receiving stolen property or burglary, depending on the circumstances.
Why the Distinction Matters for Your Defense
Understanding the difference between retail theft and shoplifting isn’t just semantics. It can shape your legal strategy. Here’s why:
Police Reports vs. Legal Charges
You may see “retail theft” on your arrest paperwork, but your actual charge will be shoplifting. This affects how your case is prosecuted and what defenses apply.
Public Perception
Retail theft sounds vague. Shoplifting carries a stigma. If your case goes to trial, the language used can influence how jurors perceive your intent.
Diversion Programs
Some counties offer Pretrial Intervention (PTI) or Conditional Dismissal for first-time shoplifting offenses. These diversionary programs may help eligible defendants avoid a conviction and preserve their record.
Expungement Eligibility
Shoplifting convictions can be expunged after a waiting period, but only if classified correctly. Mislabeling your offense could delay your record-clearing process. If your case involves juvenile charges, the process and eligibility may differ. Learn more about juvenile criminal defense and how we protect young clients’ futures.
Common Misconceptions About Shoplifting Charges
Let’s clear up a few myths:
Myth 1: “I didn’t leave the store, so it’s not theft.”
Reality: Concealing merchandise or altering price tags with intent to steal is enough to be charged, even if you’re still inside the store.
Myth 2: “It was under $200, so it’s not serious.”
Reality: Even low-value theft is a criminal offense in NJ. If the value of the merchandise is under $200, this is typically charged as a disorderly persons offense, which carries the risk of jail time and a permanent record. If the charge involves additional conduct, such as entering a store unlawfully or using force, it may be elevated to more serious offenses like robbery or burglary, which carry significantly harsher penalties.
Myth 3: “I can just pay the store back.”
Reality: While restitution may be part of resolving the case, it doesn’t eliminate the criminal charge. You still need an experienced defense attorney.
What to Do if You’re Charged with Shoplifting in NJ
If you’ve been accused of retail theft or shoplifting, don’t wait to get help. Here’s what to do:
- Stay silent. Don’t explain or justify your actions to store employees or police.
- Contact a criminal defense attorney immediately.
- Avoid discussing your case on social media.
- Gather any receipts, surveillance footage, or witness information.
At Davis Law Firm, LLC, we’ve defended hundreds of clients facing theft-related charges in Mercer County, Trenton, Hamilton, and surrounding areas. Our experience spans a wide range of theft offenses, from shoplifting to more complex property crimes.
How We Can Help
At Davis Law Firm, LLC, we’ve defended hundreds of clients facing theft-related charges in Mercer County, Trenton, Hamilton, and throughout New Jersey. Our founding attorney, Mark G. Davis, is certified by the New Jersey Supreme Court as a Criminal Trial Attorney, a distinction held by only a small percentage of lawyers statewide.
Whether you’re facing a first-time shoplifting charge or a repeat offense, we build a tailored defense strategy based on your unique circumstances. Our team:
- Reviews all evidence for procedural errors
- Challenges assumptions about intent
- Negotiates for reduced charges or dismissal
- Explores diversion programs when available
We don’t just defend your case. We protect your future. That includes providing full-spectrum criminal defense services for clients facing related charges or complications stemming from a shoplifting arrest.
Get Legal Help for Shoplifting Charges in New Jersey
If you’ve been charged with shoplifting or retail theft in New Jersey, you don’t have to face it alone. Davis Law Firm, LLC offers free consultations and responsive legal support. We serve clients across Mercer County, Burlington County, Camden County, and across New Jersey.
Call us today or fill out our contact form to speak with a Certified Criminal Trial Attorney.
Disclaimer: The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.
