The Law: What is Shoplifting in New Jersey for 2014
The Law and Penalties for shoplifting in New Jersey are listed below.
The punishment for shoplifting is based on the value (price) of the
merchandise taken.  Please note: Even if the value of the merchandise
shoplifted is only $1.00 you can still be charged with Shoplifting and go
to jail for up to 180 days.
 

How is the value of merchandise evaluated for Shoplifting and Theft Offenses:
Value means the fair market value of the property at the time and place of the alleged theft.
Fair market value is the price that a buyer would be willing to pay and a seller would be
willing to accept if both parties were aware of all the relevant surrounding circumstances
and neither party were under any compulsion to buy or sell.  The key words in the law is
compulsion to sell.  Thus, courts have ruled that even if a product is on sale at the time it is
shoplifted the fair market value would be the ordinary or regular price of the item, not the
then current sale or clearance price.   


Value of Merchandise is less than $200.00: (Most Common Shoplifting Charge)
Shoplifting is a disorderly persons offense if the full retail value of the merchandise is less than
$200.

Sentence if found Guilty:
 Up to 180 days in Jail plus a fine of up to $1000.00, 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.
Click here to learn about additional
penalties for all offenders.  If a second offense for shoplifting, same penalties as above but 15
days community service, for a third or greater offense up to 25 days community service plus jail for
at least 90 days but not more than 180 days.

Value of Merchandise is between $200.00 and up to $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 of up to $10,000.00 plus
community service as indicated below. Case will be heard in Superior Court with a Judge or Jury
Trial.  
Click here to learn about additional penalties for all offenders.  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 of up to $15,000.00, plus community
service as indicated below
.  Click here to learn about additional penalties for all offenders.  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 $1000 if committed by two or more
people or $75,000 if committed by one person.
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.  An organized
retail theft enterprise is considered to be 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 (i.e. organized retail theft enterprise means two people working together to steal
merchandise and later sell it)

Sentence if found Guilty:
5 to 10 years in Jail plus fine of up to $150,000, 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 of Shoplifting in NJ: 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 For All Shoplifting and Theft Offenses.  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 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.

Shoplifting is a Theft Offense:  NJ Theft charges/offenses are categorized in four
different degrees depending on the amount alleged to have been unlawfully taken as
indicated above.  Thus, a conviction for shoplifting is considered not just merely shoplifting
but theft, and as such the person is called a thief.  Shoplifting is merely a new word for an
ancient crime which has been around since the birth of time.  To learn more about theft
offenses
click here.  To learn more about the consequences of a conviction click here.  If
you have been charged with theft don't just hire any attorney hire Attorney Aalsberg he has
over 8000 satisfied clients and can get you results.  Call today and find out how he can
help you.  The call is free the advice may be priceless.

* Please consult our New Jersey Shoplifting Lawyers for complete details on all fines and penalties
listed above as the shoplifting penalties listed in this website are for informational purposes only
and may contain error or omissions.  All NJ shoplifting penalties indicated above were checked for
accuracy at the time of publication but are subject to change at any time without notice. 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 shoplifting case.  Additional penalties
for shoplifting can occur if person was in
possession of burglary tools (anti shoplifting
countermeasures including but not limited to pocket knives, box cutters etc.) at time of arrest.  
Please consult a shoplifting attorney in your state of residence if you live outside the State of New
Jersey as additional penalties could apply to you.  All shoplifting penalties listed were accurate as
of time of publication 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: 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.  Diversionary programs may not be available for non US
citizens and should be applied for immediately after arrest.  98% Success Rate refers to the
percentage of cases in which our shoplifting lawyers have either reduced the original shoplifting
charges, had the shoplifting charges downgraded to a lower offense, won the case, or simply
reduced the penalties the shoplifting client was facing such as a possible 18 months in jail was
reduced to mere probation and a fine and or community service.  Simplified details on
shoplifting
punishments available here
Fact #1

If you have been  
charged with
Shoplifting, the
charges will
probably be proven
in court by the
following method:

  1. Store video
    camera
  2. Loss
    prevention staff
  3. Eye Witness
    Testimony
  4. Statements
    made by
    yourself to the
    store or the
    police
Fact #2                          

Once you have been
arrested for
shoplifting the store,
on its own accord,
cannot dismiss or
reduce the charges.
Thus the need for
the best possible  
defense to win or
reduce the charges

FACT #3                 

We have a
98% Success Rate of
Winning
Reducing
Downgrading
or Eliminating
the penalties.
Why Go To
Anyone Else!
Free
Office
Consultation
1-800-9-RIGHTS
www.ShopliftersAttorney.com

72% of all state
court criminal
offenders were
sentenced to jail
and only 28% were
sentenced to
probation without
jail.
Source: U.S.
Department of
Justice.  
Don't Become A
Statistic!  Get a
Lawyer Today!
Helping Shoplifters Get
Not Guilty Verdicts for Over 21 Years
SERVING ALL OF
NEW JERSEY
1-800-9-RIGHTS
Protect Your Rights
When You Need The Best Shoplifting Defense
H. Scott Aalsberg, Esq., P.C.
Attorneys at Law
Main Office: 39 Milltown Road 2nd Floor, East Brunswick, N.J. 08816
1028 Route #23 North, Wayne, N.J. 07470
1-800-9-RIGHTS or (732) 257-5040 Free Consultation
Get the Best Defense Call for a Free In Office Consultation
Eliminating the Penalties