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Facing Shoplifting Charges In New Jersey
If you are facing shoplifting charges, our shoplifting criminal defense attorneys at Aiello, Harris, Abate Law Group PC are here to assist you. You could be found guilty of shoplifting if you take merchandise from a store after exiting without paying for it.
Our New Jersey shoplifting lawyers will carefully evaluate the evidence, which often includes video surveillance footage, police reports, store loss prevention reports, witness testimony that is usually used as evidence in petty theft charges, and some specific personal facts about you that show you have no monetary need to steal, and provide a compelling defense to show a clear deficiency in the State’s case.
Public confrontations with store owners and accusations of theft can humiliate and damage your professional and social reputation. If you have been charged with shoplifting, our New Jersey criminal attorneys will take the time to thoroughly evaluate your case and work diligently to protect your record and achieve the most favorable outcome.
Shoplifting 2C:20-11
New Jersey Shoplifting Statute
Shoplifting is governed by Title 2C, Section 20-11 of New Jersey Statutes Annotated (N.J.S.A. 2C:20-11). A shoplifting case can be charged in the superior court as an indictable crime or “downgraded” to the municipal court. An arrest or conviction for either offense can be fatal to future job or immigration prospects. Dishonesty is a red flag that human resources managers and immigration officials look to avoid, so avoiding a theft offense in your background is essential.
To have the shoplifting charges dismissed, get in touch with a New Jersey shoplifting lawyer right away. Shoplifting is graded and punished based on the retail value of the merchandise allegedly taken. The offense requires intent to deprive the merchant of the possession, use, benefit, or partial value of the merchandise through any one of the following acts:
- Taking hold, carrying away, or transferring merchandise for sale
- Hiding, concealing, or converting merchandise without paying
- Altering, transferring, or removing any labels indicating value
- Deactivating any anti-shoplifting or inventory control device
- Personally trying or conspiring to pay less than the retail value
- Transferring from display or storage to another container
- Charging less or under-ring merchandise at the register
- Removing a shopping cart without consent from the store
N.J.S.A. 2C:20-11 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 to deprive the merchant of the possession, use or benefit of such merchandise, or convert 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.
Shoplifting Grading
New Jersey law grades shoplifting based on the item’s value. The seriousness of the offense increases inversely to a degree. Diversionary programs, such as conditional dismissal or pretrial intervention, may exist at each level.
| Grading | Retail Value | Imprisonment | Fines |
| 2nd Degree | Full retail value of $75,000 or more | Imprisonment of 5-10 years | Fine up to $150,000 |
| 3rd Degree | Full retail value of over $500 but less than $75,000 | Imprisonment of 3-5 years | Fine up to $15,000 |
| 4th Degree | Full retail value of between $200 and $500 |
Imprisonment up to 18 months | Fine up to $10,000 |
| Disorderly Persons Offense | Full retail value of under $200 | Imprisonment up to 6 months | Fine up to $1,000 |
Fourth Degree And Disorderly Persons Offense
Fourth-degree shoplifting (N.J.S.A. 2C:20-11c(3)): Shoplifting is a fourth-degree criminal offense if the value is between $200 and $500 and handled in the Superior Court. If the value exceeds $200, it is treated as a “disorderly persons” offense and handled in the municipal court. Under N.J.S.A. 2C:20-11c(4), shoplifting may be “downgraded” to a lesser offense or qualify for a less severe penalty unless it involves a third or subsequent fourth-degree offense. The difference in grade is significant.
Fourth-degree shoplifting has a maximum sentence of 18 months in prison and $10,000 in fines. A “disorderly persons” offense has a maximum of six months in jail and a fine of a maximum of $1,000. N.J.S.A. 2C:43-3c. Pretrial intervention and conditional dismissal may be available to avoid a theft offense from appearing on your background for a first-time offense.
Downgrading To Disorderly Persons
In addition to grade, punishment also depends on the person’s criminal history. A first offense, for example, requires at least 10 days of community service, while a third offense can require up to 25 days. This is in addition to imprisonment. Further, shoplifting generally cannot be downgraded to “disorderly persons” offenses except under the following criteria:
- Second-degree offenses can never be downgraded
- Third degree: value less than $2,000 and trial proof issues
- Fourth degree: at prosecutor’s discretion; however, not possible if repeat offender with three or more shoplifting convictions
New Jersey Shoplifting Charge Representation
Our shoplifting attorneys in New Jersey are well-versed in the system, familiar with the law, and skilled at securing the best possible resolution for your case.
Shoplifting charges are humiliating and should be taken very seriously. A conviction can result in jail, fines, loss of employment, and a criminal record.
Therefore, it is essential to have experienced and savvy legal representation that can help you gather and sift through every piece of evidence in your case.
Accused Of Shoplifting Charges In New Jersey
If you have been accused of shoplifting charges in New Jersey, contact Aiello, Harris, Abate Law Group PC today, and we will be more than happy to answer your questions and address your concerns. Our shoplifting attorneys maintain flexible office hours, with weekend appointments available. We can also meet you at your home or jail if you are unable to travel to our office.
Shoplifting And Theft Resources
- Is a shoplifting charge really that big a deal?
- What are the common issues in a theft case that it helps to have an attorney for?
- What are the different types of theft charges?
- What are some of the biggest misconceptions people have about theft charges?
- The state of shoplifting
- Shoplifting charges in New Jersey
- Theft charges in New Jersey
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Call us today at (908) 561-5577 or contact us. Your initial consultation will take place over the phone, and you can schedule an appointment at one of our office locations across New Jersey.
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