Shoplifting

New Jersey Shoplifting

Criminal Defense Attorney

A conviction for Shoplifting can have serious consequences, including jail or prison time. It can also impact employment, housing, finances, education, reputation, and relationships. Because of this, it is crucial to have an experienced, skilled, and aggressive attorney by your side.

Ms. Denholtz is a fierce criminal defense trial attorney with over a decade of experience. Ms. Denholtz offers relentless advocacy, strategic defense, and exceptional service to clients accused of Shoplifting throughout New Jersey. At Denholtz Criminal Defense, you can trust that your case will receive the meticulous attention and tireless advocacy it deserves. If you or a loved one are facing Shoplifting charges, Ms. Denholtz is ready to fight for you. Contact Denholtz Criminal Defense today for your FREE consultation: (862) 842-0811 or Tracy@DenholtzCriminalDefense.com.

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

Types of Shoplifting Offenses: Under N.J.S.A. 2C:20-11(b), shoplifting consists of one or more of the following acts:

Taking Merchandise Without Paying: For any person to 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 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 the merchant the full retail value for the item(s).

Concealing Merchandise and Not Paying: For any person to purposely conceal upon his or her person or otherwise any merchandise offered for sale by any store or other retail 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 the merchant for the value of the item(s).
- “Concealment” Defined: “Concealment” means to conceal merchandise so that, although there may be some notice of its presence, it is not visible through ordinary observation.
- *NOTE: No removal of the merchandise from the store is necessary to make out this offense. The offense is complete upon purposeful concealment of the merchandise with the proscribed intention. The intent to deprive may be inferred from the concealment. See N.J.S.A. 2C:20-11, Comment 3.

Altering Price Tags to Pay Less Than Marked Value: For any person to purposely 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 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 of the item(s).

Moving Merchandise From One Container to Another: 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 for the item(s).

Shoplifting By “Under-Ringing” An Item: For any person to purposely “under-ring” merchandise with the intention of depriving the merchant of the full retail value for the item(s).
- “Under-Ring” Defined: “Under-ring” means to cause the cash register or other sale recording device to reflect less than the full retail value of the merchandise.

Stealing a Shopping Cart: For any person to purposely remove a shopping cart from the premises of a store or other retail 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.

Grading of Shoplifting Offenses:

2nd Degree Shoplifting: Shoplifting is a 2nd degree offense where the full retail value of the merchandise is $75,000 or more OR the offense was committed in furtherance of or in conjunction without an organized retail theft enterprise AND the full retail value of the merchandise is $1,000 or more. 2nd degree offenses are punishable by up to 10 years in prison.
- “Organized Retail Theft Enterprise” Defined: An “organized retail theft enterprise” is 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.

3rd Degree Shoplifting: Shoplifting is a 3rd degree offense when the full retail value of the merchandise is between $500 to $75,000, OR if the offense was 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. 3rd degree offenses are punishable by up to 5 years in prison.

4th Degree Shoplifting: Shoplifting is a 4th degree offense if the full retail value of the merchandise is between $200 to $500. 4th degree offenses are punishable by up to 18 months in prison.

Disorderly Persons Level Shoplifting: Shoplifting is a disorderly persons offense if the full retail value of the merchandise is less than $200. Disorderly persons offenses are punishable by up to 6 months in jail.

Community Service: Any person convicted of shoplifting can, as part of their sentence, be ordered to perform community service.
- 1st Offense: For a 1st offense, a defendant can be sentenced to complete at least 10 days of community service.
- 2nd Offense: For a 2nd offense, a defendant can be ordered to complete at least 15 days of community service.
- 3rd Offense: For a 3rd or subsequent offense, a defendant can be ordered to complete up to 25 days of community service.

Mandatory Jail Sentence for 3rd or Subsequent Shoplifting Conviction: Any person convicted of a 3rd or subsequent shoplifting offense must service a minimum of 90 days in jail.

Contact a New Jersey Shoplifting

Lawyer for a Free Consultation

If you or a loved one is facing criminal charges, it is crucial to hire an experienced criminal defense attorney. At Denholtz Criminal Defense, we understand the stakes involved and are committed to providing you with skilled, aggressive, and personalized legal representation. No matter what the allegations, Ms. Denholtz will provide an honest and detailed evaluation of your case, outline the best legal options available, and craft a defense strategy designed to achieve the best possible result for your unique situation. Contact Denholtz Criminal Defense today for your free consultation: (862) 842-0811 or Tracy@DenholtzCriminalDefense.com.