Middlesex County Theft by Deception Defense Attorneys
The offense of theft by deception occurs in every municipality in some form in Middlesex County. Our defense lawyers make up the largest criminal firm in Middlesex County and have been defending clients charged with theft by deception at the county courthouse in New Brunswick for decades with success. Whether your charge arose in Woodbridge, Piscataway, South River, North Brunswick, Sayreville and another municipality in the jurisdiction, we have precisely what you need to ensure that you have every chance of avoiding the consequences of a criminal conviction.
Unique Qualifications For Defending Your Theft By Deception Offense at the Middlesex County Superior Court
The truth is that many firms boast about how many cases they have handled but few have bona fide qualifications when you dive deep into attorney bios. In many instances, they have been practicing for less than a decade, have no real trial experience, and bring nothing to the table in terms of real connections in a court. At the Law Offices of Jonathan F. Marshall, there is no doubt as to what we bring to the table for our clients when it comes to defending Middlesex County criminal charges since we possess:
- Over 200 years of combined experience representing clients arrested for theft and other charges in Middlesex County
- 15 attorneys whose practices are dedicated exclusively to defending clients accused for violating the law
- Former prosecutors who include Jason Seidman, who previously served as a Director in the Middlesex County Prosecutor’s Office
- Lawyers who have served as prosecutors in most the towns in the area including Edison, Woodbridge, East Brunswick, New Brunswick, Piscataway, North Brunswick, South Brunswick and others
- Individuals who have tried so many cases that they have earned the distinction of being a Certified Criminal Trial Attorney
- Offices conveniently located in both New Brunswick, opposite the Superior Court, and in Edison along Route 1
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. 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 or any other criminal charge. An attorney can be reached immediately at 732-246-7126.
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 This Law Says in Ordinary Words. 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.
Diversion Programs. A first time offender can attempt to utilize the Pretrial Intervention Program to avoid a conviction and criminal record for theft by deception. It is important to keep in mind that there are strict guidelines for admission into the program and that full restitution is almost always a prerequisite to secure this relief. Our attorneys are adept in negotiating resolution through Pretrial Intervention and navigating complex issues like significant amounts of restitution.
Bail & Pretrial Release. New Jersey essentially eliminated its bail system and now an individual needs to subjected to different conditions for pretrial release than was previously the case. You should also know that the prosecutor has full discretion to apply for detention until you reach a trial. You will need help from an attorney who has experience in handling pretrial release and detention hearings in Middlesex County, especially if your case involves allegations that a significant amount of money or property was stolen through fraud or deception. Our team of Middlesesex County criminal lawyers has the expertise you need.
New Brunswick 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 Edison Office at 732-248-7675.
Frequently Asked Questions In Middlesex County Theft By Deception Cases
What Is Theft By Deception? Theft by deception is a criminal offense in New Jersey. Unlike traditional theft, theft by deception requires an intentional act or omission that is meant to deceive the victim, and which results in the defendant profiting financially. An example of theft by deception involves asking for donations for a charitable cause with the intention of using the donated money for personal gain. In this example, the person asking for donations effectively steals the money of the donor by deceiving them about its actual purpose.
Is Theft By Deception A Felony In New Jersey? In New Jersey, criminal offenses are not classified as felonies or misdemeanors. Instead, New Jersey classifies criminal charges as indictable offenses (similar to felonies) and disorderly persons offenses (similar to misdemeanors). Theft by deception is an indictable offense in New Jersey. This means that it is a serious offense that can result in jail time. The indictable offense degree that you may be charged with for a theft by deception crime will depend upon the value of the alleged theft.
What Degree Of Offense Is Theft By Deception? Theft by deception is an indictable crime in New Jersey and can be graded as a fourth-, third-, or second-degree offense. The degree of a theft by deception charge will depend on the value of the loss caused by the deception. Second-degree theft by deception can be charged if the value of the loss is $75,000 or more. Third-degree theft by deception can be charged if the value of the loss is between $500 and $75,000. Any loss under $500 will be charged as a fourth-degree offense. It is important to understand that no matter the degree charged, theft by deception carries a possible term of at least 18 months in jail and fines potentially exceeding $10,000.
What Are Some Examples Of Theft By Deception? Theft by deception can occur in many ways. In all scenarios, there must be some form of deceit that results in the defendant profiting financially. An example of theft by deception is an email phishing scam. In these scams, the defendant sends an email to the victim claiming to need money for some legitimate purpose. In many cases, the defendant claims that a large inheritance is being held up by fees or other administrative costs. The victim is asked for money to pay the fees and, in exchange, is promised a large chunk of the inheritance. The defendant, however, knows that no inheritance exists and deceives the victim into giving them money anyway. Once the defendant has the victim’s money, they are never heard from again.
Can I Go To Jail For Theft By Deception? Yes. Theft by deception is considered to be a serious crime in New Jersey. In fact, this crime is graded as an indictable offense (similar to a felony) and can result in a sentence of 10 years in jail for second degree theft by deception (i.e. up to 5 years for a third degree). The amount of possible prison time you can receive for a theft by deception conviction will depend on the value of what was lost or stolen since that dictates the grade of theft by deception offense. You can also be fined up to $150,000 if convicted of a second-degree theft by deception offense.
How Is Theft By Deception Different From Standard Theft? Theft by deception differs from traditional theft in one key way. In a traditional theft case, it does not need to be proven that the victim was deceived or misled by the defendant. All that needs to be shown is that the defendant intentionally deprived the victim of something that was rightfully theirs. This could be money, jewelry, or even artwork. By contrast, theft by deception requires the defendant to be dishonest intentionally in order to steal the victim’s belongings. This approach can involve tricking a victim into giving them money or intentionally misrepresenting a key aspect of a business transaction. Theft by deception also requires that the deception results in the defendant profiting financially.
What Are Some Defenses To Theft By Deception? To be convicted of theft by deception, the prosecutor must show that you intentionally deceived the victim for your financial gain. This means that if there was no deceit or that a false impression was created accidentally, the theft by deception charge may fail. Another defense is that the alleged deceit had no effect on the victim or that the alleged deceit was unlikely to deceive a reasonable person. For example, exaggerating about a car’s reliability will generally not be enough to convict someone of theft by deception because most people know that salespeople often do this when trying to sell a vehicle.
