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Marshall, Bonus, Proetta & Oliver

Morris County

NJ Criminal Defense Lawyers

973-309-7050

Our team of skilled attorneys includes former County and Municipal Prosecutors with over 100 years combined experience and is available to assist you immediately.

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Shoplifting Lawyer Rockaway NJ

Rockaway NJ Shoplifting Lawyers

Pursuant to the New Jersey Criminal Code, the offense of shoplifting can be either a disorderly persons offenses (misdemeanor), fourth degree, third degree or second degree felony. As you will see below, the degree of shoplifting which a Defendant will be facing will be directly related to the dollar amount of the items in question. For a complete breakdown, please see below. If convicted of shoplifting in Rockaway or elsewhere in Morris County like Madison, Parsippany, Dover, Denville, Montville, Mendham or Mount Olive a Defendant is facing a criminal record, community service, a no trespassing order, incarceration, probation, high fines and restitution if applicable. If you or a loved ones has been charged a shoplifting offense in Rockaway or elsewhere in Morris County, the Law Office of Jonathan F. Marshall can help. Our office has over 100 years of combined experience on staff, including years of prior prosecuting experience. If you have been charged with shoplifting in Morris County and would like to discuss your options with any one of the eight criminal defense attorneys on staff, then please contact our office directly at 973.309.7050. Our shoplifting defense lawyers are available 24/7 to help assist in any way possible. Now here is some key information on the offense of shoplifting, including the applicable penalties if convicted and the complete breakdown on what separates a second degree felony from a disorderly persons offense.

Shoplifting Defense Lawyer in Rockaway NJ

Shoplifting: N.J.S.A. 2C:20-11b

The governing statute in New Jersey for shoplifting is N.J.S.A. 2C:20-11b, which states in pertinent part:

b. Shoplifting shall consist of any one or more of the following acts:

(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.

If a Defendant is accused of using any force whatsoever during the commission of the offense, including but not limited too the pushing of a security guard to exit the store, they will automatically be charged with a second degree robbery charges as well. Robbery is one of the most serious charges under the New Jersey Criminal Code, if convicted of robbery in the second degree, a Defendant faces anywhere between five (5) to ten (10) years in a New Jersey State Prison. In addition, robbery also falls under the No Early Release Act, which in essence requires a Defendant to serve at least 85 % of their sentence before they can become eligible for parole. For more information on the offense of robbery please click here.

What are the Penalties for Shoplifting in NJ?

  • Second Degree Shoplifting = Defendant stole over $75,000 worth of merchandise.
    • Defendant faces anywhere between 5 – 10 years in a State Prison,
    • Defendant faces up too a $150,000 fine,
    • Defendant faces a felony criminal record &
    • Community Service.
  • Third Degree Shoplifting = Defendant stole over $500 worth of merchandise but less than $75,000.
    • Defendant faces anywhere between 3 – 5 years in a State Prison,
    • Defendant faces up too a $15,000 fine,
    • Defendant faces a felony criminal record &
    • Community Service.
  • Fourth Degree Shoplifting = Defendant stole over $200 worth of merchandise but less than $500.
    • Defendant faces up to 18 months in a State Prison,
    • Defendant faces up too a $10,000 fine,
    • Defendant faces a felony criminal record &
    • Community Service.
  • Disorderly Persons Offense = Defendant stole less $200 worth of merchandise.
    • Defendant faces up to six months in the Morris County Jail,
    • Defendant faces up too a $1,000 fine,
    • Defendant faces a criminal record &
    • Community Service.

For more information on the offense of shoplifting including the enhanceable penalties if convicted of shoplifting on more then one occasion, please checkout our shoplifting practice series by clicking here.

Shoplifting Attorney in Morris County NJ

As you can tell,  shoplifting is a very serious charge, one that if not handled properly could drastically affect your future. If you have been charged with shoplifting in Rockaway, Madison, Mendham, Randolph, Florham Park, Hanover or Jefferson, the Law Office of Jonathan F. Marshall can help. With over 100 years of combined experience on staff, you would be hard pressed to find a legal scenario that we have not dealt with yet. If you would like to come into our office to discuss one of your options then please contact our Morristown office at 973.309.7050.