Somerset County Shoplifting Attorneys

The attorneys at Aiello Harris Marth Tunnero and Schiffman are one of the top firms in Somerset County as a shoplifting attorney. There are former prosecutors at the firm ready to defend your rights. New Jersey Shoplifting laws are set forth in New Jersey statutes annotated N.J.S.A. 2c:20-11.

NJ Shoplifting Statute

The statute provides:

(1) For any person purposely to take possession of, carry away, transfer or cause to be carried away or transferred, any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the possession, use or benefit of such merchandise, or converting the same to the use of such person without paying to the merchant full retail value thereof.

(2) For any person purposely to conceal upon his person, or otherwise, any merchandise offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the processes, use, or benefit of such merchandise, or converting the same to the use of such person without paying to the merchant the value thereof.

(3) For any person purposely to alter, transfer or remove any label, price tag or marking indicative of value, or any other markings, which aid in determining value affixed to any merchandise displayed, held, stored, or offered for sale by any store or other Retail mercantile establishment and to attempt to purchase such merchandise personally, or in consort with another, at less than full reset value with the retention of depriving merchant of all or some part of the value thereof.

(4) For any person purposely to transfer any merchandise displayed, held, stored or offered for sale by any store or other retail merchandise establishment from the container in or on which the same shall be displayed to any other container with intent to deprive the merchant of all or some part of the retail value thereof.

(5) For any person purposely to under minding with the intention of depriving the merchants of the full retail value thereof.

(6) For any person purposely to remove a shopping cart from the premises of a store, or other retail mercantile establishment, without the consent of the merchant given at the time of such removal with the intention of permanently depriving the merchant of possession, use or benefit of such cart.

Punishment & Fines

Shoplifting constitutes a crime of the second-degree under subsection B of the session if the full retail value of the merchandise is 75,000 or more, or the offense is committed in furtherance of in conjunction with and organize retail theft enterprise and the full retail value of the merchandise is $1000 or more.

Shoplifting constitutes a crime of the fourth degree under subsection (B) of this section, if the full retail value of the merchandise is at least $200 but does not exceed $500.

Shoplifting is a disorderly person’s offense under subsection (D) of this section if the full retail value of the merchandise is less than $200.

Shoplifting is a criminal offense in New Jersey even though it is characterized as a disorderly person’s offense. Since shoplifting is a theft offense, this can have an adverse effect on your employment or when you are searching for a new job. This charge will come up under a criminal background check.

Therefore it is important to hire experienced attorneys who can either win the case or minimize the impact for the person. A shoplifting charge in New Jersey can result in adverse impact on one’s immigration status. The INS takes shoplifting seriously and the result can be deportation.  If you need a Somerset County criminal lawyer who will fight for your rights, please contact Aiello, Harris, Marth, Tunnero & Schiffman, P.C. who have two offices in Somerset County for your convenience. For a free initial consultation, call us today at (908) 561-5577 or contact us online.

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