Recent Blog Posts:
Bergen County Shoplifting Lawyers
Paramus NJ Shoplifting Attorneys
A conviction for shoplifting carries the potential for lifelong consequences, including a possible jail sentence, high fines, community service, probation and deportation if applicable. The governing statute in New Jersey for shoplifting is N.J.S.A. 2C:20-11. It is important to note here, that if you are not a United States Citizen a shoplifting conviction will almost certainly lead to your deportation. The Law Office of Jonathan F. Marshall has been representing individuals charged with shoplifting, theft by deception, receiving stolen property and robbery throughout New Jersey including towns like, Paramus, East Rutherford, Teaneck, Hackensack, Saddle Brook, Mahwah, River Vale and Fair Lawn. We have over 100 years of combined experience on staff, including four former prosecutors. If you or a loved one has been charged with shoplifting in Bergen County it is imperative that you speak to an experienced criminal defense trial attorney immediately.
Elements of the Offense:
Shoplifting Statute: N.J.S.A. 2C:20-11
The State must prove beyond a reasonable doubt that the alleged defendant either:
- Removed an item from a retail store without purchasing the said item, OR
- Concealed an item on their persons with the intention of stealing it, OR
- Modified a price tag and/or package with the intentions of stealing the item.
Grading of the Offense & Applicable Penalties if Convicted:
The charge of shoplifting can range from a disorderly person offense all the way up to a second degree indictable offense. The level in which you will be charged with depends on the amount of money in question. Listed below is the break down on the grading of the offense.
- Second Degree Shoplifting: More than $75,000.00
- Carries a potential 5-10 years in state prison.
- Third Degree Shoplifting: $500-$75,000.00
- Carries a potential 3-5 years in a state prison.
- Fourth Degree Shoplifting: $200.00-$500.00
- Carries up to 18 months in a state prison.
- Disorderly Persons: Less than $200.00
- Carries up to 6 months in the Bergen County Jail.
It is important to note here, that if any violence is used in committing a shoplifting offense, the prosecution may automatically upgraded the offense to a second degree robbery. A simple push or tug away from a security officer is enough violence under the robbery statute. The actual value of the item attempting to be stolen is irrelevant. Further, a second conviction for shoplifting carries with it mandatory jail time and a third conviction carries with it a minimum of ninety (90) days in the Bergen County Jail. Also, every conviction, no mater if it is your first or tenth will carry with it fifteen days of community service.
If you have been charge with shoplifting in Bergen County you may be eligible for a diversionary program known as Pre Trial Intervention. If you are eligible and your defense attorney is able to convince the judge and the prosecutor that you would be a good candidate for the program you will be afforded the opportunity to walk away from this nightmare without a criminal record. If you have any further questions about the program please check out pre trial intervention criteria.
Experienced New Jersey Shoplifting Attorney
As you can see from above, the applicable penalties vary drastically depending on what degree you are charged with. If you or a loved one has been charged with shoplifting in New Jersey it is important to speak to a experience criminal defense attorney immediately as the essential evidence could dissipate quickly; surveillance videos. Here at the Law Offices of Jonathan F. Marshall we have the experience and knowledge necessary to rigorously protect your rights. If you have any further questions please contact any one of our Bergen County Offices for an free initial consultation.