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Hire Kenneth Vercammen’s
office to contact the court, adjourn the initial appearance, obtain discovery
and defend your rights. Call 732-572-0500
Criminal Indictable and Disorderly Offense Penalties
Disorderly person criminal offenses- ex
Simple Assault, shoplifting & cases in Municipal Court
Jail
2C: 43- 8 jail 6 month maximum
probation 1-2 year
community service 180 days maximum
mandatory costs, VCCB and other
penalties
Disorderly-
fines: 2C: 43- 3 $1,000 Fine maximum
There are dozens of other penalties a court
can impose, depending on the type of matter.
If you or a family member are charged
with a criminal offense, you should retain an experienced criminal attorney to
argue to reduce the penalties!
Indictable
Criminal Penalties [Felony type] [ Superior Court]
Jail potential
Fine max Probation
1st degree 10-
20 years $200,000 [presumption of jail]
2nd degree 5-10
years $150,000 [presumption of jail]
3rd degree 3-
5 years $15,000 1 year- 5 year
4th degree 0-
18 months $10,000 1 year- 5 year
The state must
prove the Defendant had the “knowing” intent to commit a criminal act in a
shoplifting case.
Sometimes the defendant was not
aware that there was a criminal act being committed because of mental issues.
NJSA 2C: 4-2. Evidence of mental disease
or defect admissible when relevant to element of the offense.
Evidence that the defendant
suffered from a mental disease or defect is admissible whenever it is relevant
to prove that the defendant did not have a state of mind, which is an element
of the offense. In the absence of such evidence, it may be presumed that
the defendant had no mental disease or defect, which would negate a state of
mind, which is an element of the offense.
The NJ Model Jury charges set forth the elements
of SHOPLIFTING [CONCEALMENT]
(N.J.S.A. 2C: 20-11b(2))
The statute provides in pertinent part that it
is a crime 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.
In order for the finder of fact to find the
defendant guilty of shoplifting, the State must prove each of the following
elements beyond a reasonable doubt:
1. that defendant purposely concealed upon his
person or otherwise any merchandise offered for sale by (name of commercial
establishment);
2. that (name of commercial establishment) was a
store or other retail mercantile establishment; and
3. that defendant did so with the purpose of
depriving the merchant of the processes, use, or benefit of such merchandise
[OR of converting such merchandise to his/her use] without paying the merchant
the value thereof.
The first element that the State must prove
beyond a reasonable doubt is that defendant purposely concealed upon his
person or otherwise any merchandise offered for sale by any store or other
retail establishment. The term “conceal” means to conceal merchandise so that,
although there may be some notice of its presence, it is not visible through
ordinary observation.1 The term “merchandise” means any goods, chattels,
foodstuffs or wares of any type and description, regardless of the value
thereof.2
A person acts purposely with respect to the
nature of his or her conduct or a result of his conduct if it is the person's
conscious object to engage in conduct of that nature or to cause such a result.
That is, a person acts purposely if he or she means to act in a certain way or
to cause a certain result. A person acts purposely with respect to
attendant circumstances if the person is aware of the existence of such
circumstances or believes or hopes that they exist.3
1 N.J.S.A. 2C:20-11a(6).
2 N.J.S.A. 2C:20-11a(3).
3 N.J.S.A. 2C:2-2(b)(1).
Purpose is a state of mind. A state of mind is
rarely susceptible of direct proof, but must ordinarily be inferred from the
facts. Therefore, it is not necessary that the State produce witnesses to
testify that an accused said he/she had a certain state of mind when he/she
engaged in a particular act. It is within the fact finder’s power to find that
such proof has been furnished beyond a reasonable doubt by inference, which may
arise from the nature of his/her acts and his/her conduct, and from all he/she
said and did at the particular time and place, and from all of the surrounding
circumstances.
…..
The third element that the State must prove
beyond a reasonable doubt is that defendant acted with the purpose of depriving
the merchant of the processes, use or benefit of such merchandise [OR
converting such merchandise to his/her use] without paying the merchant the
value of the merchandise.
2C:20-11 b.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.
c.Gradation.
Shoplifting constitutes a crime of the second degree under subsection b. of
this section 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.
(2) Shoplifting constitutes a crime of the third degree under subsection
b. of this section 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.
(3) Shoplifting constitutes a crime
of the fourth degree under subsection b. of this section if the full retail
value of the merchandise is at least $200 but does not exceed $500.
(4) Shoplifting is a disorderly persons offense under subsection b. of this
section if the full retail value of the merchandise is less than $200.
The value of the merchandise
involved in a violation of this section may be aggregated in determining the
grade of the offense where the acts or conduct constituting a violation were
committed pursuant to one scheme or course of conduct, whether from the same
person or several persons, or were committed in furtherance of or in
conjunction with an organized retail theft enterprise.
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.
d. Presumptions. Any person purposely
concealing uppercased 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.
Copyright 2017 Vercammen Law
More info at
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge
Ave.
Edison, NJ 08817
(Phone)
732-572-0500
Kenneth Vercammen was the NJ State Bar
Municipal Court Attorney of the Year and past president of the Middlesex County
Municipal Prosecutor's Association.
He is the past chair of the NJ State Bar
Association Municipal Court Section. He is the Deputy chair of the ABA Criminal
Law committee, GP Division.
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