I frequently represent people who are charged with shoplifting. First thing I have to determine is whether or not they are a public employee. If they work for the state they may lose their job if they are found guilty of any theft related offense. So that’s the first thing I have to worry about.

Secondly, if the amount taken is under $200 the jurisdiction for that shoplifting charge is in municipal court. For shoplifting you face up to six months in jail and a fine, but if it’s a third shoplifting it carries a mandatory period of incarceration. The judge must send you to jail for a third shoplifting.

Now if the amount taken is over $200 but less than $500, it’s a fourth degree offense and if it’s over, if it’s over 500 but less than 75,000 it’s a third degree offense. When I’m talking about the degrees that’s very important. If it’s a fourth degree offense it’s up to 18 months in prison, if it’s a third degree offense it’s up to five years in prison. If the amount taken is over $75,000 it’s a second degree offense, that’s up to ten years in jail.

So it’s a very serious offense. Stores are really looking out for shoplifters because they cost the average consumer, I think they said something along the lines of ten percent of the value of an item is to compensate for lost merchandise either stolen or taken by employees, so. It’s a serious offense and it’s actually the only crime that I’m aware of where women commit it more than men. Surprisingly. And you get people from all walks of life; professionals, I mean, I’ve seen lawyers, judges, police officers, plus, you know, retired people, with children as well charged with this offense. It’s a serious offense, it’s not something to ignore. If you’re found guilty it’s a theft-related offense and will stay on your record.