Charged With Shoplifting or Theft

Municipal Courts in New Jersey are the home of cases involving theft and shoplifting charges. While theft may involve something as minor as shoplifting a bag of candy from a convenience store, the consequences of a theft conviction can be extreme. A conviction for theft in NJ Municipal Court will result in a permanent criminal record detailing the conviction, as well as fines, community service, and possibly even jail time. While a defendant may think the sentence handed down will not be harsh, it is important to understand the implications of having a permanent criminal record with a theft conviction.

The conviction can significantly harm an individual’s chances of getting a job, getting into a school, or obtaining a professional license. Pleading guilty to theft in Municipal Court “just to get it over with” is probably not the best decision you should make alone. It is important that you seek proper, qualified representation to ensure you make the right decision.

Call Fredrick P. Niemann, Esq., an Experienced NJ Municipal
Court Attorney at (732) 863-9900 or email him at Fniemann@hnlawfirm.com.

Charges of Theft are Generally Tried in Municipal Court

The only theft and shoplifting cases heard by the New Jersey Municipal Courts are those considered disorderly persons offenses. These are the most common theft and shoplifting crimes. More serious theft crimes are considered indictable offenses and are therefore tried in Superior Court, carrying more severe penalties.

The seriousness of the theft or shoplifting crime is determined by the value of the item or merchandise that the accused attempted to steal. All thefts of items under $200 are considered disorderly persons offenses and thus heard in Municipal Court. Any theft of an item valued at over $200 will be heard in the New Jersey Superior Courts, as such thefts are considered indictable crimes and thus carry a much greater punishment.

It is important to note that prosecutors may be open to allowing a plea deal in certain New Jersey theft cases. Plea deals involve the prosecution agreeing to charge the defendant with a lesser crime in exchange for the defendant’s guilty plea. In certain theft cases, this may allow defendants to plead guilty in exchange for the prosecution agreeing to reduce the charge to a disorderly person’s offense in Municipal Court, even if the item the defendant stole was valued at over $200. Although this automatically subjects the defendant to a guilty verdict and thus a criminal record and sentence, it also helps the defendant avoid the harsher sentence that can result from being found guilty of a more serious theft crime in Superior Court. Having a knowledgeable attorney by your side can significantly benefit you when negotiating a plea deal with the prosecution.

What is Considered Theft/Shoplifting Under New Jersey Law?

Many people are confused as to what actually constitutes theft in New Jersey. The law actually encompasses a variety of theft-related actions and is much broader than most people believe. In fact, there are multiple statutes a person can be charged with, depending on the type of theft committed. In fact, theft and shoplifting are entirely separate statutes under New Jersey law.

The most common theft crimes are theft of movable property, theft of service, theft by deception, and receipt of stolen property. Theft of movable property is the typical crime one thinks of, where someone steals a movable item that isn’t theirs. Theft of service(s) usually involves stealing telephone or cable TV services that one has not paid for. Theft by deception involves giving a false impression to another to obtain another’s property, such as pretending to be collecting money for charity. Finally, receipt of stolen property involves simply receiving property one knows was stolen, even if the receiver did not steal it. Receipt of stolen property is a typical example of a crime that many falsely believe to be legal. These are only some of the many laws specifically related to theft in New Jersey. Keep in mind that all thefts must involve less than $200 worth of stolen items to be considered a disorderly persons offense and tried in Municipal Court.

New Jersey also has statutes that are specific to the crime of shoplifting. The five basic types of shoplifting under New Jersey law are: (1) purposely taking merchandise from a store; (2) concealing merchandise; (3) altering a price tag; (4) transferring merchandise to another container; and (5) a cashier charging less than the price they are supposed to. Shoplifting crimes are similar to theft crimes in that they must involve less than $200 worth of merchandise in order to be considered a disorderly persons offense. All items over $200 will be considered indictable offenses and subject to trial in Superior Court.

There are numerous laws regarding minor theft and shoplifting, many of which are not listed here. It is best to consult an experienced Municipal Court Attorney if you would like any further information, as they are familiar with the specific state laws and can tell you what does and does not constitute a theft or shoplifting crime in New Jersey.

What Must a Prosecutor Show at Trial to Prove Theft?

In Municipal Court, as in all trials, the burden is on the prosecution to prove that a person committed the crime with which they are charged. In order to do so, the prosecution must prove the accused committed all of the “elements” of the crime. The specific elements of each crime are unique, but this typically means the prosecution must prove several distinct facts for the accused to be found guilty. This usually works in the defendant’s favor, as an experienced Municipal Court Attorney can exploit the fact that the prosecutor may not have strong evidence on one or more elements.

As mentioned before, there are many different theft-related crimes. Each crime may have unique elements, such as the receipt of stolen property. It is best to consult a knowledgeable Municipal Court Attorney to discuss the specifics.

The Elements of a Theft Charge

In general, a theft charge has three basic elements. The prosecution must show (1) the defendant knowingly and unlawfully took or exercised control over movable property; (2) the movable property belonged to another; and (3) the purpose of the defendant taking the property was to deprive the other person of such property. Once again, the prosecution must prove all three elements for a defendant to be convicted of minor theft.

If you have any further questions regarding theft charges and shoplifting charges, or the different elements of specific crimes, please contact Fredrick P. Niemann, Esq. immediately at (732) 863-9900 or email him at fniemann@hnlawfirm.com.

What Type of Sentence is Given to Those Convicted of Theft or Shoplifting?

As previously mentioned, the Municipal Court handles disorderly persons offenses. For theft and shoplifting charges, this means the stolen property is valued at less than $200. There are different penalties and sentencing options for each crime, depending on which law one is accused of violating. However, a disorderly person’s offenses carry a maximum jail sentence of six months.

For shoplifting convictions, courts are required to impose community service, even for first offenses. Municipal Court Judges also have discretion to impose additional penalties on convicted defendants, such as fines up to $1,000, jail time, court costs, and restitution. For first-time offenders, judges will sentence them to at least 10 days of community service. For second-time offenders, at least 15 days of community service will be imposed. For third-time offenders, 25 days of community service is required, along with 90 days in prison.

For theft convictions, sentences typically include a fine, additional court costs, possible jail time, community service, and possible restitution to the victim. The fine will be up to $1,000, in addition to the court costs and restitution the individual may be required to pay. Courts also generally favor community service as they do in shoplifting cases. Judges have considerable discretion in determining the sentence for offenders in theft cases, as they do in shoplifting cases. The judge will determine each sentence based on the facts of the case and other factors, such as the seriousness of the crime, the defendant’s past criminal history, and other circumstances unique to the case.

Arguably, the most significant penalty associated with a minor theft or shoplifting conviction is the fact that it results in a permanent criminal record. A conviction on your criminal record can hurt your chances of getting a job, getting into a school, or getting a professional license. When you have a criminal record, employers and others can access it at any time and view your criminal history. Theft and shoplifting convictions can be especially damaging, as employers often may believe that you may steal from them if they hire you. It is important to hire an experienced Municipal Court attorney to help fight these charges and minimize the penalties resulting from a conviction.

Minor Theft and Shoplifting charges in New Jersey are no joke. Municipal Courts take these charges very seriously, as should you. It is important to have a knowledgeable NJ Municipal Court Attorney by your side throughout your trial. Please call Fredrick P. Niemann Esq., an experienced Municipal Court Attorney, today at (732) 863-9900 or email him at fniemann@hnlawfirm.com. You’ll find him non-judgmental, easy to talk to, and more than willing to discuss your case.