Serving Jersey City, Hudson County & all of New Jersey · Free Consultations · Se Habla Español
Serving Jersey City, Hudson County & all of New Jersey · Free Consultations · Se Habla Español
Shoplifting in Jersey City is charged under N.J.S.A. 2C:20-11 and graded by the retail value: under $200 is a disorderly persons offense at Jersey City Municipal Court; $200–$500 is fourth degree; $500–$75,000 is third degree; $75,000 or more is second degree. Community service is mandatory on any conviction — 10 days for a first offense, 15 for a second, 25 days and 90 days in jail for a third.
2C:20-11 defines six separate acts, not just walking out with merchandise: purposely taking goods; concealing merchandise (concealment alone creates a presumption of intent); altering or removing a price tag; transferring goods from one container to another; under-ringing at a register, which is how employee cases are charged; and removing a shopping cart from the premises. The offense is graded by the full retail value of the merchandise, and values from separate incidents in the same store or different stores in the same county can be aggregated within a 90-day window.
The feature that surprises people is mandatory community service. A first conviction requires at least ten days of community service; a second, fifteen; a third or subsequent, twenty-five days plus a mandatory ninety-day jail sentence that the judge cannot suspend. That makes the third offense the one to fight hardest, and it makes conditional dismissal — which avoids any conviction — the goal on a first. Separately, the store’s lawyer will usually send a civil demand letter seeking a few hundred dollars; that is a civil claim, distinct from the criminal case, and paying it is not an admission but should be discussed with counsel first.
The presumption of intent is rebuttable
Charged even when the item was partly paid for
Sweethearting cases · often aggregated into a felony
Detention, questioning and written statements
90-day aggregation across Hudson County
Mandatory 90 days jail · the case to fight
Family Part delinquency · diversion available
Added charges from the detention itself
| Retail value | Grade | Jail and fine | Community service |
|---|---|---|---|
| Under $200 | Disorderly persons | 6 months, $1,000 | 10 days (1st offense) |
| $200–$500 | Fourth degree | 18 months, $10,000 | 10–15 days |
| $500–$75,000 | Third degree | 3–5 years, $15,000 | 15 days |
| $75,000 or more | Second degree | 5–10 years, $150,000 | 25 days |
| Third or subsequent offense, any value | As graded | Mandatory 90 days jail | 25 days |
A shoplifting conviction is a theft conviction — a crime of dishonesty that shows on employment background checks and matters for immigration and professional licensing. Conditional dismissal under 2C:43-13.1 avoids all of it: a supervision period, then dismissal, with no conviction and no mandatory community service. The application must be made before a plea, and the Jersey City municipal prosecutors grant it regularly for first offenders when the application is properly presented.
For mall cases we always request the full surveillance, not the clip in the report. Loss-prevention narratives frequently describe concealment the video does not show, and the presumption of intent that arises from concealment is rebuttable. Where the video is ambiguous, prosecutors amend to a city ordinance or dismiss.
Under $200 it is a disorderly persons offense heard in municipal court. At $200 or more it is an indictable crime — fourth, third or second degree by value — heard at Hudson County Superior Court.
Yes, on any conviction. A first conviction carries at least 10 days of community service, a second 15 days, and a third 25 days plus a mandatory 90-day jail term. Avoiding the conviction through dismissal or conditional dismissal is the only way to avoid it.
That is a civil demand under N.J.S.A. 2A:61C-1, separate from the criminal charge. Paying it does not resolve or affect the criminal case, and ignoring it does not create a criminal penalty. Speak with counsel before responding.
Yes. Concealing merchandise inside the store is itself shoplifting under 2C:20-11, and concealment creates a rebuttable presumption that you intended to deprive the merchant. Whether the video actually shows concealment is often the defense.
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Ibrahim & Ibrahim Law Firm
910 Bergen Ave, Suite 203
Jersey City, NJ 07306
Directions · a five-minute walk from Journal Square PATH; two blocks from the courthouse complex
