Jersey City NJ Shoplifting Attorneys
The offense of shoplifting is governed in the New Jersey Criminal Code under N.J.S.A. 2C:20-11(b). The offense of shoplifting can be either a second, third, fourth degree felony or a disorderly persons offense (misdemeanor). The difference between a second degree felony shoplifting charge and a misdemeanor shoplifting charge could be the difference between a ten (10) year State Prison sentence and probationary sentence, even possibly a diversionary program. As you will see below, the degree of shoplifting a Defendant faces will depend directly on the value of the items in question. For a complete breakdown, please see below. If convicted of shoplifting in Jersey City or elsewhere in New Jersey, a Defendant faces a potential lengthy prison sentence, high fines, community service, criminal record, restitution and possibly deportation if you are not a United States citizen. If you or a loved one has been charged with shoplifting in Jersey City, the Law Office of Jonathan F. Marshall can help. We have eight criminal defense lawyers on staff, making our office one of the largest criminal defense firms in the State let alone Hudson County. If you would like to set up a free initial consultation with any one of the eight Jersey City shoplifting defense attorneys on staff, please contact our office at 201.301.1800. We are available 24/7 to help assist in any way possible. Now here is key information on shoplifting charges in Jersey City.
N.J.S.A. 2C:20-11(b): Shoplifting Defense Attorneys in Jersey City NJ
As mentioned above, the governing statute in New Jersey for shoplifting is N.J.S.A. 2C:20-11(b), which states in pertinent part:
b. Shoplifting. Shoplifting shall consist of any one or more of the following acts:
- 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 the full retail value thereof.
- 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.
- For any person purposely to alter, transfer or remove any label, price tag or marking indicia 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 the full retail value with the intention of depriving the merchant of all or some part of the value thereof.
- 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.
- For any person purposely to under-ring with the intention of depriving the merchant of the full retail value thereof.
- 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 the possession, use or benefit of such cart.
What are the Penalties for Shoplifting in New Jersey?
The penalties for those convicted of shoplifting in New Jersey can be found in subsection c of N.J.S.A. 2C:20-11. As touched upon above, the dollar amount of the items in question will dictate what degree of shoplifting the Defendant will be charged with.
c. Gradation. (1) Shoplifting constitutes a crime of the second degree under subsection b. of this section if the full retail value of the merchandise is $75,000 or more, or the offense is committed in furtherance of or in conjunction with an organized retail theft enterprise and the full retail value of the merchandise is $1,000 or more.
(2) Shoplifting constitutes a crime of the third degree under subsection b. of this section if the full retail value of the merchandise exceeds $500 but is less than $75,000, or the offense is committed in furtherance of or in conjunction with an organized retail theft enterprise and the full retail value of the merchandise is less than $1,000.
(3) 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.
(4) Shoplifting is a disorderly persons offense under subsection b. of this section if the full retail value of the merchandise is less than $200.
If convicted of a second degree felony in New Jersey a Defendant faces the following penalties:
- 5 to 10 years in State Prison
- Up to a $150,000 fine
- Felony Criminal Record
- Community Service
If convicted of a third degree felony in New Jersey a Defendant faces the following penalties:
- 3 to 5 years in State Prison
- Up to a $15,000 fine
- Felony Criminal Record
- Community Service
If convicted of a fourth degree felony in New Jersey a Defendant faces the following penalties:
- Up to 18 months in State Prison
- Up to a $10,000 fine
- Felony Criminal Record
- Community Service
If convicted of a disorderly persons offense in New Jersey a Defendant faces the following penalties:
- Up to 6 months in Jail
- Up to a $1,000 fine
- Criminal Record
- Community Service
Hudson County NJ Shoplifting Defense Attorneys
As you can tell from above, the penalties of shoplifting in New Jersey can be life changing. Not only is a Defendant facing lengthy State Prison sentence but also immigration consequences as well. If you or loved one has been arrested and charged with shoplifting in Jersey City, it is imperative that you speak to any experienced criminal defense attorney immediately. With over 100 years of combined experience on staff, the Law Office of Jonathan F. Marshall can help. Please feel free to contact our Jersey City office at 201.309.1800 for a free consultation.
