Theft, Shoplifting and Assault

The Law Office of Jay Weinberg is well versed in the area of shoplifting and theft offenses, and assault charges, which can be found in title 2C of the New Jersey Criminal Code. These offenses carry significant penalties, and shoplifting has mandatory sentencing guidelines which include community service and jail for repeated offenses. Jay Weinberg served as a private prosecutor for ten years, representing well known corporations in prosecution of shoplifting, theft and internal loss cases, in numerous Municipal Courts in New Jersey. In that capacity, Mr. Weinberg worked with Police and loss prevention personnel as witnesses, and conferenced numerous cases for resolution with Judges, Prosecutors and defense counsel.

You are presumed innocent of all charges filed against you. The State has the burden of proving each element of every charge beyond a reasonable doubt or the presumption of innocence will not shift away from you; you are innocent. The State has a Prosecutor representing its interests. The Prosecutor is an experienced criminal attorney well trained in criminal procedures, familiar with the local police, and competent at trial. When you hire Jay Weinberg, you have an experienced hard working defense attorney prepared to defend all charges against you.

The shoplifting statute sets forth a number of acts which constitute shoplifting:

  • The act of taking possession of, carrying away, transferring displayed merchandise or merchandise held, stored, or offered for sale by any store or other retail mercantile establishment with the intent of depriving the merchant of the possession of such merchandise or converting such merchandise to the individual’s use, without paying the merchant.
  • The act of purposely concealing merchandise with the intent of depriving the merchant of the possession of such merchandise or converting such merchandise to the individual’s use, without paying the merchant.
  • Purposefully altering, transferring or removing any label, price tag, or marking indicia of value or any other markings which aid in determining value from any merchandise.
  • Transferring merchandise displayed, held, stored or offered for sale by any store, from the container in or on which the merchandise is displayed to any other container.
  • Under ringing with the intention of depriving the merchant of the full retail value of merchandise.
  • Removal of shopping carts.

The statute sets forth the penalties for first, second and third or subsequent offenses. The statute also provides the merchant with the presumption that an individual concealing unpurchased merchandise of the store, either on the premises or outside the premises of such store, shall be presumed to have concealed such merchandise with the intention of depriving the merchant of the possession of such merchandise without paying the full retail value.

The theft statutes discuss various forms of theft. The penalties can be severe and the Court has jurisdiction to sentence you to 6 months incarceration for certain offenses.

Assault is a serious charge which can result in jail time. We will work with you in defending these charges. Often is is difficult for the State to prove all the elements of an assault case, especially in situations where there was mutual exchange of aggression or self defense.

Jay Weinberg has defended these types of Cases in Courts throughout the State of New Jersey, obtaining excellent results for his clients. Please call the office to speak with Mr. Weinberg about your situation.