The Penalties and Offense Grades

The Law and Penalties for shoplifting in New Jersey are listed below.

The punishment for shoplifting is based on the value (price) of the merchandise taken. Please note: Even if the value of the merchandise shoplifted is only $1.00 you can still be charged with Shoplifting and go to jail for up to 180 days.

How is the Value Of Merchandise Determined

Value means the fair market value of the property at the time and place of the alleged theft. Fair market value is the price that a buyer would be willing to pay and a seller would be willing to accept if both parties were aware of all the relevant surrounding circumstances and neither party were under any compulsion to buy or sell. The key words in the law is compulsion to sell. Thus, courts have ruled that even if a product is on sale at the time it is shoplifted the fair market value would be the ordinary or regular price of the item, not the then current sale or clearance price.

Presumption For All Shoplifting and Theft Offenses:

Any person purposely concealing unpurchased merchandise of any store or other retail mercantile establishment, either on the premises or outside the premises of such store or other retail mercantile establishment, shall be prima facie presumed to have so concealed such merchandise with the intention of depriving the merchant of the possession, use or benefit of such merchandise without paying the full retail value thereof, and the finding of such merchandise concealed upon the person or among the belongings of such person shall be prima facie evidence of purposeful concealment;and if such person conceals, or causes to be concealed, such merchandise upon the person or among the belongings of another, the finding of the same shall also be prima facie evidence of willful concealment on the part of the person so concealing such merchandise.

Definition of Shoplifting:

Shoplifting shall consist of any one or more of the following acts within the State of NJ:
(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 the 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 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.

(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-ring with the intention of depriving the merchant 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 the possession, use or benefit of such cart.

Shoplifting is A Theft Offense

NJ Theft charges/offenses are categorized in four different degrees depending on the amount alleged to have been unlawfully taken as indicated above. Thus, a conviction for shoplifting is considered not just merely shoplifting but theft, and as such the person is called a thief. Shoplifting is merely a new word for an ancient crime which has been around since the birth of time. To learn more about theft offenses click here. To learn more about the consequences of a conviction click here. If you have been charged with theft don't just hire any attorney hire Attorney Aalsberg he has over 10,000 satisfied clients and can get you results. Call today and find out how he can help you. The call is free the advice may be priceless.

When Value of Merchandise is Less than $200: (Most Common Shoplifting Charge)

Shoplifting is a disorderly persons offense if the full retail value of the merchandise is less than $200. Penalties and Sentence if found Guilty: Up to 180 days in Jail plus a fine of up to $1000.00, plus community service as indicated below. Case will generally be heard in Municipal Court with a Judge Trial. No Jury is available. These are the penalties for a first offense. Click here to learn about additional penalties for all offenders. If a second offense for shoplifting, same penalties as above but 15 days community service, for a third or greater offense up to 25 days community service plus jail for at least 90 days but not more than 180 days.

Value of Merchandise is between $200.00 and up to $500

Shoplifting constitutes a crime of the fourth degree if the full retail value of the merchandise is at least $200 but does not exceed $500.

Penalties and Sentence if found Guilty: Up to 18 Months in Jail plus fine of up to $10,000.00 plus community service as indicated below. Case will be heard in Superior Court with a Judge or Jury Trial. Click here to learn about additional penalties for all offenders. If a second shoplifting offense, same penalties as above but add additional community service time as indicated below.

Value of Merchandise is more than $500.00 but less than $75,000.00

Shoplifting constitutes a crime of the third degree 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.

Penalties and Sentence if found Guilty: 3 to 5 years in Jail plus fine of up to $15,000.00 or double the amount taken whichever is greater, plus community service as indicated below. Case will be heard in Superior Court with a Judge or Jury Trial. If a second shoplifting offense, same penalties as above but add additional community service time as indicated below.

Value of Merchandise is more than $1000.00 if committed by two or more people or $75,000.00 if committed by one person.

Shoplifting constitutes a crime of the second degree 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. An organized retail theft enterprise is considered to be any association of two or more persons who engage in the conduct of or are associated for the purpose of effectuating the transfer or sale of shoplifted merchandise (i.e. organized retail theft enterprise means two people working together to steal merchandise and later sell it)

Penalties and Sentence if found Guilty: 5 to 10 years in Jail plus fine of up to $150,000.00 or double the amount taken whichever is greater, plus community service as indicated below. Case will be heard in Superior Court with a Judge or Jury Trial. If a second offense, same penalties as above but add additional community service time as indicated below.

Additional Penalties for All Grades of Shoplifting in NJ

Community Service Required: In addition to the penalties noted above, any person convicted of a shoplifting offense shall be sentenced to perform community service as follows: for a first offense, at least ten days of community service; for a second offense, at least 15 days of community service; and for a third or subsequent offense, a maximum of 25 days of community service. All shoplifting offenders if convicted may also be subject to a term of probation as determined by the court. Don't become just another shoplifting statistic, call now for a free in office consultation and learn how an experienced shoplifting lawyer can help you! 1-800-9-RIGHTS

Get The Best Shoplifting Defense to Win Call 1-800-9-RIGHTS Free In Office Consultation Schedule Your Appointment 24/7 Shoplifting is the unlawful taking of an item without paying for the item: It can be done by concealing an item, damaging an item, making the item appear to be your own, or by simply leaving the store and passing the last point of sale without paying for an item.

Fact #1: If you have been charged with Shoplifting, the charges will probably be proven in court by the following method:
1. Store video camera
2. Loss prevention staff
3. Eye Witness Testimony
4. Statements made by yourself to the store or the police

Fact #2: Once you have been arrested for shoplifting the store, on its own accord, cannot dismiss or reduce the charges. Thus the need for the best possible defense to win or reduce the charges

Fact #3: We have a 98% Success Rate of Winning Reducing Downgrading or Eliminating the penalties. Why Go To Anyone Else!

Fact #4: 72% of all state court criminal offenders were sentenced to jail and only 28% were sentenced to probation without jail. Source: U.S. Department of Justice. Don't Become A Statistic Get a Lawyer Now!

H. SCOTT AALSBERG, ESQ., P.C.
"The Shoplifters Attorney"
G-10 Brier Hill Court, East Brunswick, New Jersey 08816
1028 Route #23 North, Wayne, New Jersey 07470
1-800-9-RIGHTS or (732) 257 5040
Get The Best Defense - Serving All of New Jersey

No Aspect of the Awards/Accolades mentioned herein have been approved by the Supreme Court of NJ. Click the above Award for the methodology of that award.