New Jersey takes theft crimes very seriously and the legislature has specifically written the theft by deception statute to be very broad so it can cover various different acts of theft. A conviction for theft by deception will result in a permanent criminal record and can expose you to probation, community service, thousands in restitution and even incarceration. However, the broad language of the statute can also offer some leeway to an experienced criminal defense attorney to pinpoint issues regarding the intent to deceive and actual value alleged. At Proetta & Oliver, we have handled literally thousands of criminal and municipal charges including numerous theft cases. We represent clients for theft throughout New Jersey including Secaucus, Union City, Belleville, Montclair, North Bergen, and West New York. If you would like to speak with an experienced criminal theft lawyer contact our Jersey City office today at (201) 793-8018 for a free initial consultation regarding your charges.
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.
The theft grading and penalties 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.|
Hudson County NJ Theft Defense Attorney
As mentioned earlier, the above cited statute language is very broad, which means that a crime of theft by deception can happen in a number of different ways. However, there are four basic elements that must be present in order to prove that a theft by deception has occurred. The state must show that the property was obtained by the defendant; the property was obtained by deception; it was the defendant’s intent to deceive; and the victim believed the defendant which resulted in an economic gain or loss. These elements are very similar to other theft and fraud charges and it is common for us to represent clients for theft by deception, who are also been charged with credit card fraud, receiving stolen property, bad checks or even forgery. The Law Offices of William A. Proetta represents clients for theft by deception throughout New Jersey including Hoboken, Jersey City, Newark, Weehawken, Harrison, and Bayonne. If you have been charged with a theft by deception charge it is important that you know your rights and legal options. Contact us today at (201) 793-8018 for a free initial consultation with an experienced theft defense lawyer or to schedule an appointment at our Jersey City office.