State Hikes Penalties for Organized Retail Theft Convictions

Videos of large-scale shoplifting incidents are easy to find online, and some of the more outrageous footage sometimes is featured on news programs. Several states have passed laws aimed at reducing what is commonly referred to as organized retail theft. Now, New Jersey has joined the list of jurisdictions where certain defendants will face tougher penalties if they’re caught taking something from a store. 

Signed by Governor Murphy in April, the new law is ostensibly aimed not at one-time solo shoplifters, but repeat offenders involved in organized retail theft. Supporters of the bill say that coordinated efforts by multiple individuals have systematically targeted both large chain stores and small local businesses, with costs for stolen merchandise eventually being passed on to consumers. Goods that are taken by these groups are usually sold quickly at a reduced price. 

Specific provisions within the new law include the following:

  • Aggravated assault enhancement — Conduct that would typically be charged as a simple assault will be upgraded to an aggravated assault if it is committed against a store employee who is doing their job. This enhancement is similar to increased punishment for situations where victims are first responders.

  • Charging based on accumulated value — When a series of retail thefts occur as part of a coordinated scheme, the total value of what is alleged to have been taken can be used for charging purposes. As a result, defendants could face increased fines and incarceration than they would have for a charge based on a single incident. 

  • Increased sentences for multiple offenders — Furthermore, the law imposes extended prison sentences for repeat offenders involved in organized retail theft. This aspect of the legislation is particularly significant, as it aims to treat shoplifting rings like other criminal conspiracies involving serial offenses.

Though combating retail theft is a legitimate concern, there are questions about what specific activities will result in a finding that organized scheme was in place. There is a danger that prosecutors might overcharge cases in order to compel defendants to plead guilty out of fear of the enhanced penalties.

If you are accused of any type of theft, contact the Law Offices of Eric B. Morrell in New Brunswick. My firm takes on overzealous prosecutors in Middlesex, Somerset and Union counties as well as other New Jersey locations. Please call 908-768-3837 or contact me online for a free consultation. 

Videos of large-scale shoplifting incidents are easy to find online, and some of the more outrageous footage sometimes is featured on news programs. Several states have passed laws aimed at reducing what is commonly referred to as organized retail theft. Now, New Jersey has joined the list of jurisdictions where certain defendants will face tougher penalties if they’re caught taking something from a store. 

Signed by Governor Murphy in April, the new law is ostensibly aimed not at one-time solo shoplifters, but repeat offenders involved in organized retail theft. Supporters of the bill say that coordinated efforts by multiple individuals have systematically targeted both large chain stores and small local businesses, with costs for stolen merchandise eventually being passed on to consumers. Goods that are taken by these groups are usually sold quickly at a reduced price. 

Specific provisions within the new law include the following:

  • Aggravated assault enhancement — Conduct that would typically be charged as a simple assault will be upgraded to an aggravated assault if it is committed against a store employee who is doing their job. This enhancement is similar to increased punishment for situations where victims are first responders.

  • Charging based on accumulated value — When a series of retail thefts occur as part of a coordinated scheme, the total value of what is alleged to have been taken can be used for charging purposes. As a result, defendants could face increased fines and incarceration than they would have for a charge based on a single incident. 

  • Increased sentences for multiple offenders — Furthermore, the law imposes extended prison sentences for repeat offenders involved in organized retail theft. This aspect of the legislation is particularly significant, as it aims to treat shoplifting rings like other criminal conspiracies involving serial offenses.

Though combating retail theft is a legitimate concern, there are questions about what specific activities will result in a finding that organized scheme was in place. There is a danger that prosecutors might overcharge cases in order to compel defendants to plead guilty out of fear of the enhanced penalties.

If you are accused of any type of theft, contact the Law Offices of Eric B. Morrell in New Brunswick. My firm takes on overzealous prosecutors in Middlesex, Somerset and Union counties as well as other New Jersey locations. Please call 908-768-3837 or contact me online for a free consultation. 

Contact the Firm

!
!
!