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If you have been arrested of shoplifting in you are facing serious penalties such as community service, probation, thousands in restitution and even mandatory incarceration in some circumstances. At Proetta & Oliver, our law is dedicated to exclusively defending clients for criminal and municipal court charges such as shoplifting and related charges including possession of burglary tools. We frequently represent clients charged with shoplifting in Elizabeth, Union Township, Linden, Westfield, Cranford, and Springfield. If you would like to speak with an experienced shoplifting criminal attorney then contact our Cranford office at (908) 838-0150 for a free consultation.
Crime Involving Moral Turpitude “C.I.M.T.” – If you are not a U.S. Citizen, you face additional immigration consequences because shoplifting is a C.M.I.T. These penalties include mandatory deportation or not being able to re-enter the country if you leave. This can apply to legal immigrants, green card holders, workers and family on visa, and illegal residents.
The New Jersey statute for shoplifting is listed below, in pertinent part, for your reading convenience.
§ 2C:20-11. Shoplifting
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.
| Second Degree Shoplifting | Over $75,000 worth of merchandise | 5 – 10 years in state prison; incarceration presumed |
| Third Degree Shoplifting | $500 – $75,000 worth of merchandise | 3 – 5 years in state prison |
| Fourth Degree Shoplifting | $200 – $500 worth of merchandise | Up to 18 months in state prison |
| Disorderly Persons Offense Shoplifting | Under $200 of worth merchandise | Up to 6 months in county jail |
As the above statute illustrates, you can be convicted of shoplifting if you steal merchandise from a retail store or concealed it with the intention of stealing but never actually even left the store. Moreover, many people do not understand that switching or altering price tags is actually shoplifting also. Shoplifting charges can be very complicated and have many issues including intent, co-defendant implication, and actual value of merchandise. As founding attorney, William Proetta Esq., has handled well over one thousand criminal and municipal charges including shoplifting cases. We will review and analyze the evidence and work with the prosecutor on your behalf to negotiate downgrade or admittance into a diversion program such as Pre-Trial Intervention. If you or a family member has been charged with the crime of shoplifting then please contact our office for a free consultation at (908) 838-0150.
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101 Hudson St, 21st floor Jersey City NJ 07302
Phone: (201) 793-8018
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3840 Park Ave, Suite 202 A, Edison NJ 08820
Phone: (732) 659-9600
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20 Commerce Drive, Room 135 Cranford, New Jersey 07016
Phone: (908) 838-0150
By Appointment Only