Legal Question in Criminal Law in New Jersey

Re: Shoplifting

Shoplifting is a disorderly persons offense if the full retail value of the merchandise is less than $200.00. Additionally, notwithstanding the term of imprisonment provided in N.J.S.2C:43-6 or 2C:43-8, 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 and any person convicted of a third or subsequent shoplifting offense shall serve a minimum term of imprisonment of not less than 90 days.

Re: Shoplifting Penalties

In New Jersey, a Defendant who pleas or is convicted of shoplifting is subject to the following penalties:

First Offense:

Fine up to $500

Jail Sentence not to exceed 6 months (but usually jail sentence is not imposed discretionary)

Second Offense:

Fine at least $100 up to $500

Discretionary Jail Sentence not to exceed 6 months

Third Offense:

Fine at least $250 up to $1000

Mandatory at least 30 days in jail (up to 6 months)

There are also Civil Penalties for Shop Lifting.

John M. Pinho

www.njlawonline.com

Re: Shoplifting Penalties Update (Prior Post Incorrect)

My apologies. My previous response is incorrect.

I was using my old notes on the penalties. As soon as I

Posted the response I realized that the statutue had been amended

effective April 28, 2000 as follows:

For retail value of $200 or less only (higher values are different)

First Offense:

Fine up to $1000.00 or any higher amount equal to double the pecuniary gain to the offender or loss to the victim.

Subject to jail sentence of up to 180 days

Mandatory Community Service of 10 days

Second Offense:

Fine up to $2000 or any higher amount equal to double the pecuniary gain to the offender or loss to the victim.

Jail Sentence up to 180 days

Mandatory Community Service of 15 days

Third or Subsequent Offense:

fine up to $2000 or any higher amount equal to double the pecuniary gain to the offender or loss to the victim.

Minimum Jail Time of 90 days

Mandatory Community Service of 25 days.

Sorry for the two posts. Remember that the above is subject to change.

Laws do get amended.

As you can see the penalties have gotten more severe with the amendment.

John M. Pinho

www.njlawonline.com

Re: Shoplifting

The penalties listed by Mr. Pinho are correct.

Based on my experience, when you hire an attorney to represent you. They can negotiate with the prosecutor and try to get it lowered to a pdp. Where it is much better on your criminal record. The fines are still usally the same.

My recommendation is hire an attorney. If this happened in Bergen County or near Bergen County, you can call me to represent you at 201-646-9600.

Savy Grant