Lodi NJ Theft by Deception Attorney:
If you or a loved one has been charged with theft by deception you may be facing severe consequences, including incarceration. The governing statute in New Jersey for the offense of theft by deception is N.J.S.A. 2C:20-4. The grading for this charge will be determined solely by the value of the item and/or pecuniary gained by the defendant. The Law Offices of Jonathan F. Marshall has been defending individuals charged with theft by deception, robbery, carjacking, receiving stolen property and burglary in Bergen County, including towns like Mahwah, Paramus, Bergenfield, Bogota, Little Ferry, Dumont, Saddle Brook, Fort Lee and Englewood Cliffs for over fifteen years. Our firm is comprised of seven criminal defense attorneys, including three former prosecutors. Below is some important information with regards to a charge of N.J.S.A. 2C:20-4, including what the state must prove for a conviction.
Theft by Deception Lawyers Tenafly NJ: N.J.S.A. 2C:20-4
The prosecution must prove three key elements beyond a reasonable doubt in order to obtain a conviction for theft by deception. First, the prosecutor must prove that defendant obtained the property of another. Second, that defendant obtained the property in question by by deceiving the victim. Lastly, the defendant purposely deceived the said victim in order to obtain the property in question.
Three Most Common Forms of “Deception”:
- The defendant created or reinforced a false impression to the victim with regards to their property; or
- The defendant prevented the victim from acquiring specific information which affected his/her judgment; or
- The defendant failed to correct a false impression & the defendant had that duty to correct the said impression.
It is important to note here that it will not be a valid defense to a theft by deception charge, that a reasonable person would not have been misled by whatever information the defendant supplied the victim with.
East Rutherford NJ Theft by Deception Defense Lawyers:
Grading of the Offense & Applicable Penalties:
- Second Degree Theft by Deception Charge: Greater than $75,000.00
- If convicted, a Defendant may face up to 10 years in a NJ State Prison.
- Third Degree Theft by Deception Charge: $500-$75,000.00
- If convicted, a Defendant may face up to 5 years in a NJ State Prison.
- Fourth Degree Theft by Deception Charge: $200.00-$500.00
- If convicted, a Defendant may face up to 18 months in a NJ State Prison
- Disorderly Persons Offense: Theft by Deception: Less than $200.00
- If convicted, a Defendant may face up to 6 months in the Bergen County Jail.
Upper Saddle River Theft by Deception Attorneys
If you or a loved one has been charged with theft by deception, we can help. The Law Offices of Jonathan F. Marshall has over 100 years of combined experience on staff, including over twenty years of prosecuting experience. With that being said, as you can tell from above, theft by deception in New Jersey can be a very serious charge, if you have any further questions with regards to this offense please contact any one of our Bergen County Offices for free initial consultation about your charges.