Shoplifting under N.J.S.A. 2C:20-11 is one of the most common charges in New Jersey municipal and Superior courts — and one of the most misunderstood. People assume it’s always minor. It isn’t. The dollar value of what’s alleged taken determines whether you’re facing a low-level disorderly persons offense or an indictable felony.
How shoplifting is graded by value
- Under $200: a disorderly persons offense, heard in municipal court.
- $200 to $500: a fourth-degree crime (indictable).
- $500 to $75,000: a third-degree crime.
- Over $75,000: a second-degree crime — carrying a presumption of state prison.
So the same conduct — walking out with merchandise — can be anything from a fine-level offense to a serious felony depending entirely on the alleged value. And “value” can be aggregated across multiple items or multiple incidents, which is how charges escalate faster than people expect. Where your charge falls on this ladder is the first thing to pin down (see disorderly persons vs. indictable).
The civil demand letter is a separate thing
Many people charged with shoplifting also receive a letter from the store (or its lawyers) demanding a civil penalty — often a few hundred dollars — under New Jersey’s civil recovery statute. This is separate from the criminal case. Paying it does not resolve the criminal charge, and it is not an admission you’re required to make. Don’t treat that letter as the whole story.
Where first-offenders have real options
For a first-time disorderly persons shoplifting charge, diversionary relief like conditional dismissal may be on the table — a path that can end with the charge dismissed and later expunged. For indictable-level charges, Pretrial Intervention (PTI) is the analogous program. Knowing which one fits depends on the grading.
Because a shoplifting record can follow you into employment and licensing, it’s worth understanding your exposure before you walk into court. If you’ve been charged anywhere in New Jersey, a free call can place the charge on the ladder and tell you what diversionary options you actually have.
Part of our complete guide: For every related New Jersey offense, claim, and defense in one place, see our NJ Criminal Charges Guide.