MANY DEFENSES EXIST TO HELP REDUCE OR ELIMINATE
THE PENALTIES ASSOCIATED WITH A SHOPLIFTING CHARGE.
CALL 1-800-9-RIGHTS TO PROTECT YOUR RIGHTS WITH A
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H. SCOTT AAALSBERG, ESQ., P.C.
Attorneys at Law     
The Law: What is Shoplifting Simplified Version
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H. SCOTT AAALSBERG, ESQ., P.C.
Attorneys at Law
The Aalsberg Building
39 Milltown Road, East Brunswick, N.J. 08816
1-800-9-RIGHTS or (732) 257-5040
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Below Please find the law and penalties for shoplifting.  The
penalties are based on the value (price) of the merchandise taken.  
Please note that even if the value of the merchandise is only $1.00
you can still be charged with Shoplifting and still face up to 180 days
in jail. See Below:

Value of Merchandise is less than $200.00:
Shoplifting is a disorderly persons offense if the full retail value of  
the merchandise is less than $200. Sentence if found Guilty:
Up to 180days in Jail plus fine, plus community service as indicated below.  
Case will generally be heard in Municipal Court with a Judge Trial.  No Jury is
available.  These are the penalties for a first offense.  If a second offense same
penalties as above but add additional community service time as indicated below.

Value of Merchandise is $200.00 nor more than $500.00
Shoplifting constitutes a crime of the fourth degree if the full retail
value of the merchandise  is at least $200 but does not exceed $500.
Sentence if found Guilty:  Up to 18 Months in Jail plus fine plus community
service as indicated below. Case will be heard in Superior Court with a Judge or
Jury Trial.  If a second offense same penalties as above but add additional
community service time as indicated below.

Value of Merchandise is more than $500.00, but less than $75,000.00
Shoplifting constitutes a crime of the third degree if the full retail
value of the merchandise exceeds $500 but is less than  $75,000, or
the offense is 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.  Sentence if found Guilty:
3 to 5 years in Jail plus fine, plus community service as indicated below.  
Case will be heard in Superior Court with a Judge or Jury Trial.  If a second
offense same penalties as above but add additional community service time as
indicated below.

Value of Merchandise is $75,000 or more
(4) Shoplifting constitutes a crime of the second degree if the full
retail value of the merchandise is  $75,000 or more, or the offense is
committed in furtherance of or in conjunction with an organized retail
theft enterprise and the full retail value of the merchandise is $1,000 or
more. Sentence if found Guilty: 5 to 10 years in Jail plus fine, plus
community service as indicated below.  Case will be heard in Superior Court
with a Judge or Jury Trial.  If a second offense same penalties as above but add
additional community service time as indicated below.

Additional Penalties for All Grades: Community Service Required:
In addition to the penalties noted above, any person convicted of a
shoplifting offense shall be sentenced to perform community service
as follows:  for a first offense, at least ten days of community
service;  for a second offense, at least 15 days of community service;
and for a third or subsequent offense, a maximum of 25 days of
community service

Presumptions.  Any person purposely concealing unpurchased
merchandise of any store or other retail mercantile establishment,
either on the premises or outside the premises of such store or other
retail mercantile establishment, shall be prima facie presumed to have
so concealed such merchandise with the intention of depriving the
merchant of the possession, use or benefit of such merchandise
without paying the full retail value thereof, and the finding of such
merchandise concealed upon the person or among the belongings of
such person shall be prima facie evidence of purposeful concealment;
and if such person conceals, or causes to be concealed, such
merchandise upon the person or among the belongings of another, the
finding of the same shall also be prima facie evidence of willful
concealment on the part of the person so concealing such
merchandise.

Definition of Shoplifting: 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 s
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.

(4)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 thereof.

(5)For any person purposely to under-ring with the intention of depriving the
merchant of the full retail value thereof.

(6)For any person purposely to remove a shopping cart from the premises of
a store or other retail mercantile 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.




* Please consult the New Jersey Code of Criminal Justice  for complete details  
on all fines and penalties as the penalties listed in this notice are for
informational purposes.  Past performance is not indicative of future
performance and each case is fact sensitive, thus, the need for the in office
consultation for the attorney to evaluate your case.  Some penalties may not
apply to out of state residents please consult an attorney in your state of
residence.  All penalties listed are accurate as of January 15, 2008 and are
subject to change at any time without notice. H. Scott Aalsberg, Esq., P.C.
Main office address: 39 Milltown Road, East Brunswick, N.J. 08816.
Commentary: Quirks in the Law do exist.  For example for the lowest offense
no presumption against incarceration (jail) exists for a first  offense so a
person  convicted of shoplifting could go to jail up to 180  days.  However, if
your offense  was a 4th or 3rd degree offense, although this is considered a
worse crime a presumption against  incarceration does exist if this is your
first criminal act. Probable  Reason (attorneys commentary): although a
presumption against  incarceration exists it is rarely used since most
defendants  will opt for  a  diversionary program such as PTI which may or
may be allowed  by the  Prosecutors Office.  Call our office at
1-800-9-RIGHTS to set up a free in office consultation to see if you qualify
for a diversionary program for your offense.
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