Shoplifting Charges in Brick NJ

Shoplifting Attorneys in Brick Township NJ

If you have been caught Shoplifting, understand that you are not the first and not the last person to do so. Of all the criminal violations in New Jersey, shoplifting is easily one of the most commonly charged crimes. In Brick Township and Ocean County generally, shoplifting occurs everyday, whether it is discovered by police is another matter. It may be juveniles, adults or even a grandparent who is caught in the act. Whatever the scenario, the charges are the same. Under N.J.S.A. 2C:20-11, it is a criminal offense to shoplift and a conviction could carry between 5 and 10 years in prison, depending on the value of the merchandise involved. If you or someone in your family have been arrested and charged with Shoplifting, contact an experienced Brick Township Defense Attorney. The law firm of Proetta & Oliver is well-equipped to handle any type of criminal case, shoplifting included. Our firm focuses its practice on criminal defense and can offer a specialized understanding of criminal law. Furthermore, we have appeared many time before the Brick Municipal Court, Ocean County Superior Court and countless other Ocean County Municipal Courts. Call 848-238-2100 today and schedule a one-on-one consultation with an attorney to discuss your case.

N.J.S.A. 2C:20-11(b) Law

Under the New Jersey Criminal Code, there are 6 types of conduct that would constitute shoplifting. They are the following:

1. Purposely 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. 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. 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. 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. Purposely to under-ring with the intention of depriving the merchant of the full retail value thereof.
6. 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 shoplifting are directly dependent upon the value of merchandise involved in the underlying act.

• Second Degree Shoplifting – Where 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.
• Third Degree Shoplifting – Where the  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
• Fourth Degree Shoplifting – Where the full retail value of the merchandise is at least $200 but does not exceed $500
• Disorderly Persons Offense Shoplifting – Where the full retail value of the merchandise is less than $200

Furthermore, any person convicted of a shoplifting offense must be sentenced to perform community service for at least 10 days for a first offense; 15 days for a second offense; and 25 days for a third or subsequent offense. Also, a third offense shoplifting charge will carry a mandatory minimum 90 days in the Ocean County Jail.

For those who are foreign nationals or are here on a work visa or student visa, shoplifting charges are considered a Crime of Moral Turpitude and could have an affect on your status in this country. Call to find out if this applies to you and your case.

Don’t hesitate, call 848-238-2100 today and schedule your complimentary consultation with a shoplifting defense attorney today.