Theft, Fraud & Shoplifting
Theft from a retailer or other store constitutes shoplifting. Shoplifting is different from other theft charges because if you ultimately are convicted of or plead guilty to shoplifting over any other charge, there is a mandatory jail sentence. This includes shoplifting-related charges of possession of accessory shoplifting devices like a booster bag. Receiving stolen property is similar, but is only applicable where being in possession of property that you know or should know is stolen property, and the proof for the original theft itself is minimal Burglary is a trespass in a structure with the intent to commit an offense once inside.
When armed with a weapon or when injuring someone during the process, the charge is raised to a second degree level, where it is presumed that the defendant will be heading to state prison if convicted.
Shoplifting is different from other theft charges because if you ultimately are convicted of or plead guilty to shoplifting over any other charge, there is a mandatory jail sentence. This includes shoplifting-related charges of possession of accessory shoplifting devices like a booster bag.
Shoplifting is defined as the willful theft or attempted theft of merchandise from a retail establishment without the knowledge or consent of the seller, with the intention of converting those goods for one’s personal use and without having paid the purchase price.
Different degrees of shoplifting:
Second degree offense: Items with a value of over $75,000. Punishable by a fine of up to $150,000 and 5 to 10 years in prison.
Third degree offense: Items with a value greater than $500, but less than $75,000. Punishable by a fine of up to $15,000 and 3 to 5 years in prison.
Fourth degree offense: Items with a value greater than $200, but less than $500. Punishable by a fine up to $10,000 and 18 months in prison.
First time offenders who are convicted of taking items valued at less than $200 are charged with a disorderly persons offense. Punishable by a fine of up to $1,000, 6 months in jail, and 10 days of community service.