Middlesex County NJ Theft by Deception Lawyer
Theft Defense Attorneys in Edison, New Jersey
Due to the breath of the statute enumerating New Jersey’s theft by deception law, this crime is among the most prevalent theft crimes seen by our attorneys. Importantly, the open-ended implementation and interpretation of the law often creates complicated legal issues for many individuals facing this charge. As such, an experienced criminal defense attorney should handle these charges. Will Proetta, Esq. dedicates his practice to the exclusive defense of criminal and municipal charges in New Jersey. In fact, he has handled well over one thousand cases over the course of his career. Our lawyers represent clients who have been charged with theft throughout Middlesex County and New Jersey, including Woodbridge, New Brunswick, Piscataway, Old Bridge, South Amboy, Helmetta, and Cranbury. If you would like to speak with an experienced criminal theft attorney and build a case strategy to meet your needs please contact our Edison office today at (732) 659-9600 for a free initial consultation regarding your charges.
Theft by Deception in New Jersey N.J.S.A. 2C:20-4
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 a Theft by Deception Offense
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.
Degrees of NJ Theft by Deception Charges
Under New Jersey law, theft by deception charges are graded in the same way as other theft offenses. As a result, the degree of a theft by deception charge will depend on the amount allegedly stolen in the course of the theft. The specific guidelines for grading an NJ theft crime are as follows:
• Under $200.00 – disorderly persons offense; maximum 6 months in county jail
• $200.00 – $500.00 – 4th degree felony; maximum 18 months in state prison
• $500 – $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.
Contact Piscataway NJ Theft Defense Lawyers for a Free Consultation
As you can from the above statute, the language associated with the crime of theft by deception is very broad. This means that a crime of theft by deception can happen in a number of different ways. It is for this reason that we constantly represent clients against theft by deception who have also been charged with credit card fraud under 2C:21-6, check fraud (writing bad checks) under 2C:21-5 or even forgery – which commonly merges. The attorneys at the Law Offices of Proetta & Oliver represent clients facing theft by deception charges throughout Middlesex County and New Jersey including Highland Park, Sayreville, Avenel, Plainsboro, South Plainfield, and North Brunswick.
If you have been charged with theft by deception it is important that you know your rights and legal options. To speak with an experienced theft by deception lawyer about representation, contact us at (732) 659-9600 for a free initial consultation over the phone or to schedule an appointment at our Edison office.