Marshall, Bonus, Proetta & Oliver
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Shoplifting

Monmouth County Shoplifting Defense Attorney

Charged with shoplifting under N.J.S.A. 2C:20-11 in Monmouth County including Eatontown, Freehold, Tinton Falls, Ocean Township and Holmdel.Shoplifting is certainly the most common theft offense filed in Monmouth County.  Many individuals are arrested daily for stealing merchandise although most incidents simply result in issuance of a summons. Irrespective of the scenario under which you were charged with shoplifting, do not take the complaint lightly.  A conviction for shoplifting can have a devastating impact on your ability to gain employment and in many other areas of your life. The team of criminal  lawyers at Marshall, Bonus, Proetta & Oliver have decades of experience appearing in Middletown, Manalapan, Holmdel, Ocean, Aberdeen and other courts in the county and have even served as prosecutors in several of them. An attorney on our staff is prepared to do whatever is necessary to insure that you avoid a criminal record. The members of our team have successfully defended thousands of shoplifting cases over the last twenty years, even those involving indictable shoplifting charges at the Superior Court in Freehold. We are available to review the facts of your case and formulate a comprehensive plan that will allow you to move on with your life with minimum impact. Call our Freehold Office or Red Bank Office for an immediate free consultation.

Common Shoplifting Retailers in Monmouth County

Major retail destinations like Monmouth Mall in Eatowntown, Freehold Raceway Mall in Freehold and Jersey Shore Premium Outlets in Tinton Falls are unquestionably the biggest sources of Monmouth County Shoplifting offenses. Department stores like Lord & Taylor, Macy’s, JC Penny, Nordstrom and Boscov’s yield the largest number of arrests at these destinations. There are countless other locations for shopping in Monmouth County which also yield charges for shoplifting and retail theft every year. Our attorneys know this circumstance as good as anyone given that we have been practicing in the county for over two decades and have also served as municipal prosecutors in many jurisdictions within the county. We are prepared to defend you anywhere within the region including serving as your:

Shoplifting Attorneys Defending Clients in Monmouth County Against Retail Theft

A shoplifting charge can come in four different grades depending on the value of the merchandise involved. The most severe variety is a second degree crime that arises where the value is $75,000 or more. A third degree crime is triggered where the full retail value of the merchandise is over $500 but less than $75,000. If the goods are worth at least $200 but no more than $500, the offense is a fourth degree crime. Shoplifting is a disorderly persons offense if the electronics, clothing or other goods have a value of less than $200. The following chart outlines the maximum penalties that apply to each grade of shoplifting.

Grade of Offense

Second Degree
Third Degree
Fourth Degree
Disorderly Persons Offense

Fine

Up to $150,000
Up to $15,000
Up to $10,000
Up to $1,000

Jail Term

5 to 10 Years
Up to 5 Years
Up to 18 Months
Up to 6 Months

In addition to the penalties set forth above, an individual convicted of shoplifting is required to perform a minimum period of community service. The term is 10 days for a first offense, 15 days for a second offense and at least 25 days for a third or subsequent offense. There is also a mandatory minimum jail term of 90 days that is triggered up conviction for a third or subsequent shoplifting.

Conduct That Can Result in a Shoplifting Conviction

N.J.S.A. 2C:20-11 is the New Jersey Shoplifting Law. This statute sets forth six (6) circumstances which constitute shoplifting, including:

  1. Purposely taking possession of merchandise;with the intention of permanently depriving the owner of its benefit;
  2. Concealing merchandise in a pocket book, shopping bag, carriage, jacket or in another manner in order to take it without paying for it;
  3. Transferring or changing a label in order to less than the true retail value;
  4. Transferring merchandise into a different box or container in order to deprive the owner of part or all of the value of the property;
  5. Under-ringing goods; or
  6. Taking or transferring shopping carts from the retailer.

For purposes of determining whether or not one of these circumstances have occurred, subsection (d) of 2C:20-11 provides for certain presumptions. In this regard, it is presumed that an individual intends to shoplift when they concealing merchandise which they have not paid for.

Call Our Law Firm Today for a Free Consultation

If you have been arrested or charged with shoplifting in Red Bank, Long Branch, Hazlet, Neptune or anywhere else in the county, it is in your best interests to hire a lawyer immediately. To schedule a free, no-obligation initial consultation with one of our experienced criminal defense attorneys, send us an e-mail or call 732-450-8300. We can be reached 24 hours a day, seven days a week. If you choose to hire us to represent you, we accept credit cards and offer payment plans for our legal fees.