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New Jersey Shoplifting Charge, Offense, Complaint: NJSA 2C:20-11

December 12, 2009

Todd Palumbo, Esq. is a New Jersey Shoplifting defense attorney. The Firm provides representation to those charged with shoplifting in Essex and Hudson Counties. The article below explains the law.




FOR IMMEDIATE RELEASE
(Free-Press-Release.com) December 12, 2009 -- Shoplifting is a theft offense. It is also considered a crime of moral turpitude. If convicted of a NJ shoplifting offense, you could lose your job, your immigration status (i.e. deportation), and the conviction will appear on your criminal record.

I am an attorney who routinely defends those charged with shoplifting in New Jersey, including Essex and Hudson Counties. This includes Millburn, Short Hills, Jersey City, Newark, Irvington, East Orange, West Orange, etc. In the majority of the shoplifting matters I handle, I am able to either downgrade the offense to a municipal ordinance violation (fine and no criminal record), or win at trial. This includes even the most hopeless of situations, where my client is caught "red handed." You should seek representation prior to speaking with the police and prior to your first court appearance. I offer free consultations. I can be reached at 908 451 2667, 24/7. Please visit my website at the link provided at the end of this article.

Shoplifting can range from disorderly persons offense up to a second degree crime. The level of offense is determined by the total aggregated amount of the value of the merchandise. This means the monetary value of the items is added together to determine the correct charge.

There are basically six ways that one can commit a NJ shoplifting crime. They are:

1. Asportation, or taking away goods/merchandise with the intent not pay or pay less than the full value/price to the merchant.

2. Price tag alteration, i.e. removal, transfer from one item to another, or changing/altering the price tag.
3. Transferring items from one container to another with the intent to pay less than the value of the good/merchandise.
4. Concealing or hiding merchandise on your person with intent to carry it away or not pay.
5. Under-ringing with the intention of paying less than the full price to the merchant.
6. Removing a shopping cart with the intention of not returning it.

The penalties upon conviction for shoplifting vary with the degree of offense. Typically, shoplifting is charged as a disorderly persons offense and the penalties are enhanced with each subsequent conviction. The penalties for a disorderly persons shoplifting offense in violation of NJSA 2C:20-11 are as follows:

FIRST OFFENSE: up to 6 months imprisonment/county jail. Up to $1000 fine. Mandatory 10 days community service.

SECOND OFFENSE: Same as above, except jail is more likely, and 15 days mandatory community service.

THIRD OFFENSE: MANDATORY 90 DAY JAIL. 25 days community service.

In the event that you are facing a 4th degree shoplifting charge, the max possible jail time is 18 months. A 3rd degree crime carries up to 5 years in prison. a Second degree offense exposes the accused to 10 years in state prison.

This article provides only basic information. For a more comprehensive explanation and a discussion of available defenses, please visit my website by clicking the link below.

More information can be found online at http://essexcountynjcriminalattorneys.wordpress.com/about/nj-shoplifting-charges-and-theft-arrest/


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