New Jersey Theft Defense Attorney Adam M. Lustberg Explains Shoplifting Charges, Penalties, and Defenses

HACKENSACK, NJ – October 14, 2026 – Shoplifting charges in New Jersey range from a municipal court fine for merchandise under $200 to a decade in state prison for large-scale retail theft schemes, with the classification hinging on the value of the goods and the manner in which they were taken. New Jersey theft defense attorney Adam M. Lustberg of Lustberg Law Offices, LLC (https://www.lustberglaw.com/blog/shoplifting-laws-in-new-jersey/) is providing guidance on how the state defines and penalizes shoplifting offenses under N.J.S.A. 2C:20-11.

According to New Jersey theft defense attorney Adam M. Lustberg, the shoplifting statute reaches far beyond walking out of a store without paying, encompassing concealment of merchandise, altered price tags, under-ringing items at the register, transferring goods into another container, and even removing a shopping cart from store property. Prosecutors must still prove the accused intended to deprive a merchant of goods or payment, and an honest mistake can support a defense when the evidence backs it up. “Many people are surprised to learn that concealing an item inside the store can support a charge even if they never reach the parking lot,” Lustberg explains. “The statute focuses on intent, not just the final act of leaving without paying.”

New Jersey theft defense attorney Adam M. Lustberg notes that the classification of a shoplifting charge, and the penalties that follow, depend almost entirely on the retail value of the merchandise involved. Offenses under $200 are handled as disorderly persons matters in municipal court and can still result in up to six months in jail and a $1,000 fine, while charges involving $200 to $500 become fourth-degree indictable crimes carrying up to 18 months and $10,000 in fines. Anything above $500 up to $75,000 rises to a third-degree crime punishable by three to five years in prison, and merchandise valued at $75,000 or more, or theft tied to an organized retail theft enterprise, can result in a second-degree charge carrying five to ten years and fines up to $150,000.

Attorney Lustberg adds that New Jersey maintains a presumption of non-incarceration for first-time offenders facing lower-level charges, though mandatory community service still applies regardless of whether jail time is ordered. “First-time defendants often qualify for conditional dismissal or pretrial intervention, which can resolve a case without a conviction on the record,” he notes. Community service requirements begin at ten days for a first offense and increase to fifteen days for a second, and successful completion of a diversion program allows prosecutors to dismiss the underlying charge entirely.

The firm represents clients throughout Bergen County, including matters arising from retail locations in Hackensack and the surrounding shopping corridors, where loss prevention teams and extensive surveillance systems frequently generate the evidence prosecutors rely on at trial. Attorney Lustberg notes that this evidence, along with employee witness statements, becomes central to how a case is defended.

Lustberg also points to New Jersey’s 2025 legislative reforms addressing organized retail theft, including a new statute directing the Attorney General to coordinate statewide prosecution efforts with county prosecutors and a separate offense criminalizing the advertising or sale of stolen merchandise on online marketplaces. Repeat offenders with two or more qualifying prior convictions may also face an extended prison term under the state’s enhanced sentencing provisions, provided the prosecutor requests it and statutory timing requirements are met.

“Civil liability is a separate track entirely,” advises Lustberg. “A retailer can pursue damages for unrecovered merchandise even when criminal charges are dismissed, reduced, or never filed, so resolving one does not resolve the other.” Under New Jersey’s civil shoplifting statute, a merchant may seek the value of merchandise that cannot be restored, additional statutory damages, and a civil penalty after providing the required 20-day demand notice.

Attorney Lustberg further notes that most disorderly persons shoplifting convictions become eligible for expungement five years after the latest of conviction, payment of financial obligations, or completion of probation or parole, which can allow a person to legally state on most job applications that they were not convicted of the offense. He adds that available defenses, including mistaken identity, lack of intent, an unlawful stop or search, and honest mistakes about payment, depend heavily on the specific facts and evidence in each case.

For those facing shoplifting allegations in New Jersey, understanding how the charge is classified and what defenses may apply can meaningfully affect the outcome of a case. Contacting a theft defense attorney promptly may help preserve evidence and evaluate diversion options before the case progresses.

About Lustberg Law Offices, LLC:

Lustberg Law Offices, LLC is a Hackensack-based law firm dedicated to criminal defense, including theft, shoplifting, and property crime matters. Led by attorney Adam M. Lustberg, the firm represents clients throughout Bergen County and across New Jersey. For consultations, call (201) 880-5311.

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Email: alustberg@lustberglaw.com

Website: https://www.lustberglaw.com/

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Company Name: Lustberg Law Offices, LLC
Contact Person: Adam M. Lustberg
Email: Send Email
Phone: (201) 880-5311
Address:1 University Plaza Dr #212, Hackensack, NJ 07601
City: Hackensack
State: New Jersey
Country: United States
Website: https://www.lustberglaw.com/

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