Attorneys for Theft by Deception in Union County, New Jersey
Theft by deception is probably the most common theft crime charged in New Jersey because the interpretation of the statute is just so broad. More importantly, the open-ended implementation of the law often creates complicated legal issues that should be litigated by an experienced criminal attorney. Will Proetta, Esq. dedicates his practice to the exclusive defense of criminal and municipal charges and has handled well over one thousand cases throughout his career. We represent clients for theft throughout New Jersey including Union Township, Elizabeth, Hillside, Linden, Cranford, and Westfield. If you would like to speak with an experienced criminal theft lawyer contact our Cranford office today at (908) 838-0150 for a free initial consultation regarding your charges.
What are the Punishments for Theft by Deception?
If the property has a value of less than $200, you will be charged with a disorderly persons offense (a misdemeanor). This means that your case will be scheduled for hearings and possible trial in the local municipal court, where a judge will preside and ultimately determine your fate. If the property has a value of $200 or more, you will be charged with an indictable offense (a felony). A grand jury must first decide whether to indict you, then the case can be litigated at trial and the jury decides as to your guilt or innocence. When it comes to theft by deception, the degree of the charge and associated punishments are delineated like this:
Under $200.00 – disorderly persons offense; maximum 6 months in county jail
$200.00 to $500.00 – 4th degree felony; maximum 18 months in state prison
$500 to $75,000 – 3rd degree felony; maximum 3 – 5 years in state prison
More than $75,000 – 2nd degree felony; maximum 5 – 10 years in state prison with presumption of incarceration.
2C:20-4 New Jersey Theft by Deception Law
The New Jersey statute for theft by deception is provided below, in pertinent part, for your reading convenience.
§ 2C:20-4. Theft by Deception
A person is guilty of theft if he purposely obtains property of another by deception. A person deceives if he purposely:
a. Creates or reinforces a false impression, including false impressions as to law, value, intention or other state of mind, and including, but not limited to, a false impression that the person is soliciting or collecting funds for a charitable purpose; but deception as to a person’s intention to perform a promise shall not be inferred from the fact alone that he did not subsequently perform the promise;
b. Prevents another from acquiring information which would affect his judgment of a transaction; or
c. Fails to correct a false impression which the deceiver previously created or reinforced, or which the deceiver knows to be influencing another to whom he stands in a fiduciary or confidential relationship.
Elements of Theft by Deception in New Jersey
1) The property was obtained by the accused;
2) The property was obtained by deception;
3) The accused intended to deceive the victim; and
4) The victim believed the defendant and there was some economic gain or loss which resulted.
New Jersey Theft Defense Attorney in Cranford
As clearly seen illustrated above, the statute language is very broad and this means that a crime of theft by deception can happen in a number of different ways. This is why we constantly represent clients against theft by deception who have also been charged with credit card fraud under 2C:21-6, bad checks under 2C:21-5 or even forgery – which commonly merges. The Proetta & Oliver represent clients for theft by deception throughout New Jersey including Roselle Park, Clark, Springfield, Plainfield, Rahway, and Summit.
If you have been charged with a theft by deception charge it is important that you know your rights and legal options. If you would like to speak with an experienced theft by deception lawyer about representation, contact us at (908) 838-0150 for a free initial consultation over the phone or to schedule an appointment at our Cranford office.
Our phones are answered 24 hours a day. We are available weekdays during business hours. We also meet with clients on evenings and weekends by request. We have office locations conveniently located in Jersey City, Edison, Middletown, Cranford, Burlington, and Hamilton. All major credit cards are accepted