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Theft by Deception
Monroe NJ Theft by Deception Defense Lawyer
The offense of theft by deception occurs in every municipality in some form in Middlesex County including in rural communities like Monroe Township New Jersey. Our defense lawyers, several of whom are former prosecutors, comprise the largest criminal firm in the region and handle many theft by deception cases at the Superior Court in New Brunswick arising in municipalities that include Woodbridge, Piscataway, South River, North Brunswick, Sayreville and others. We also have occasion to defend many individuals charged with companion charges like obtaining CDS by fraud, identity theft and credit card fraud. A lawyer at The Law Offices of Jonathan F. Marshall with the skill set to reach a favorable outcome on your behalf is available 24/7 by contacting our Piscataway Office at 732-562-0308. Do not hesitate to contact us if you are facing an indictment in New Brunswick for fourth degree, third degree or second degree offense for theft by deception in New Brunswick or any other criminal charge.
New Jersey Theft By Deception Charges: N.J.S.A. 2C:20-4
If the police, Middlesex County Prosecutor’s Office, Attorney General or a private citizen signed a complaint against you for theft by deception, the first thing you probably want to know is how you can commit this violation. The New Jersey statute governing charges for theft by deception is N.J.S.A. 2C:20-4. This law provides that:
§ 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.
The term “deceive” does not, however, include falsity as to matters having no pecuniary significance, or puffing or exaggeration by statements unlikely to deceive ordinary persons in the group addressed.
Theft by Deception: What You Need To Know. The thrust of this law is to target those who obtain money or property of another person through deception. What must therefore unequivocally exist for this violation to occur is that the defendant intentionally deceive someone to create the opportunity to steal from them. The statute outlines the ways that a theft by deception may be accomplished, namely, by creating a false impression of fact, law or value, preventing a person from acquiring information to make an informed judgement or by failing to correct a false impression when the accused knows it is being relied upon by a third party as the truth. It is important to emphasize, however, that puffery alone does not suffice in triggering this offense.
Grading of Theft by Deception. Theft by deception can be filed as a crime of the fourth degree, third degree or second degree depending on the amount involved in the alleged theft. Second degree theft by deception results where the loss involved is at least $75,000. Third degree theft by deception applies where the theft has a value of at least $500 but less than $75,000. Fourth degree theft by deception results where the amount involved is less than $500.
Penalties for Theft By Deception. There is a maximum fine of $150,000 and 5-10 years in state prison for theft by deception in the second degree. The penalties are less for theft by deception in the third degree with a potential fine of $15,000 and up to 5 years in prison. Theft by deception in the fourth degree triggers a period of incarceration of up to 18 months and the possibility of a fine of up to $10,000.
Sayreville NJ Theft By Deception Attorney
Sayreville is not unlike any other municipality in Middlesex County when it comes to theft by deception. It has incidents of deception by a construction company, home improvement contractor, car dealer, electrician or plumber, and others just like anywhere else. If you had the unfortunate occasion of being charged or indicted for theft by deception in Sayreville or another area town like Plainsboro, Metuchen, East Brunswick, Edison or Highland Park, call an attorney at The Law Offices of Jonathan F. Marshall. The lawyers on our staff, including our former Middlesex County Prosecutor, will take the time to fully digest your case and craft a plan so that you reach the most favorable resolution of your charge. To take advantage of the opportunity to speak to a lawyer at the firm, call our East Brunswick Office at 732-227-1200.