Morristown is one of the largest towns in Morris County, with one of the largest populations. It is bordered by Route 287. As a result, many criminal offenses and traffic violations occur there.
Because of the large number of retail businesses in the town, shoplifting is a common offense. Under N.J.S.A. 2C:20-11(b), shoplifting can take many forms, and depending upon the value of the merchandise and the defendant's prior record, can be an indictable (felony) offense.
Obviously, shoplifting can be simply taking merchandise from a store without paying for it. However, there are other forms of this crime. The mere concealment of merchandise on your person can be considered a violation of this statute and you can be charged with shoplifting. Also, making any alterations to price tags, or removing an item from its original packaging can be shoplifting. "Under-ringing", that is punching a different, lower price for an item into the cash register is also considered shoplifting. Finally, even taking a shopping cart from a store is shoplifting under the statute.
The grading of a shoplifting charge depends upon the value of the merchandise. Although it might be hard to imagine, shoplifting can be a second degree crime if the value of the merchandise is $75,000 or more, or if the crime is committed in connection with an organized "retail theft enterprise" and the value of the merchandise is more than $1,000. It can be a third degree charge if the value of the merchandise is between $500 and $75,000, or if the "criminal enterprise" element is present and the value of the merchandise is less than $1,000. Shoplifting is a fourth degree crime if the value of the merchandise is between $200 and $400. If the value of the merchandise is less than $200, it is a disorderly persons offense.
Penalties for a conviction can be serious, and jail time can be imposed on the defendant. For a first and second offense, a defendant is required to perform between 10-15 days of community service. A third or subsequent offense carries a mandatory minimum 90 day jail sentence.
If you have been charged with shoplifting in Morristown, you need an experienced criminal defense attorney. I have been a New Jersey Super Lawyer Rising Star since 2006, and have represented many defendants in both Morristown Municipal Court and Morris County Superior Court.
Call me immediately for a free consultation at (973)813-7671.
Christopher G. Porreca, Esq.
222 Ridgedale Ave.
Cedar Knolls, NJ 07927
