Theft by Deception
East Rutherford, NJ Defense of Theft by Deception Charge
NJ Criminal Trial Attorney
If you are facing a theft charge, you must choose a skilled and aggressive criminal defense attorney to represent you. The criminal trial team at the Law Offices of John F. Marshall represents clients charged with theft by deception, robbery, trespassing, and resisting arrest in East Rutherford, New Jersey. Because we have an office conveniently located in East Rutherford, our attorneys appear with great frequency before judges in East Rutherford courts. Theft by deception is taken very seriously by New Jersey prosecutors. A conviction for theft by deception can bring with it harsh penalties that include jail time. You commit theft by deception when, through deceitful means, you obtain something that does not belong to you. This includes simply confirming another person’s incorrect assumption about a fact or event. If you or a loved one has been arrested for theft by deception, contact the Law Offices of John F. Marshall today for a free consultation at 201-933-4472. From our initial discussion through the final resolution of the case, we will work tirelessly on your behalf and do everything possible to secure a favorable outcome for you.
New Jersey Theft by Deception Statute
Theft by deception is a criminal offense in New Jersey and is governed by N.J.S.A. 2C:20-4. The statute proscribes any kind of theft in which you obtain property through deceitful means. If you give another person a wrong impression about some fact which allows you to take that person’s property, you may be guilty of theft by deception. However, these kinds of misrepresentations can only give rise to a charge of theft by deception if you achieved an economic or pecuniary gain as a result. Additionally, if you agree to perform a service even though you have no intention of carrying out the agreement, you may be guilty of theft by deception. Any purposeful use of deceitful means to obtain property that does not belong to you can constitute theft by deception in New Jersey.
In New Jersey, theft by deception is a second degree offense if the property is taken by extortion, or if the property is a controlled dangerous substance. If classified as a second degree offense, theft by deception has a presumption of incarceration that can lead to you being sentenced to five (5) to ten (10) years in prison. Theft by deception is classified as a third degree offense in New Jersey if the property stolen is a firearm or a motor vehicle, or if you acquired the property as a result of a threat that does not quite rise to the level of extortion. If classified as a third degree offense, a conviction can result in a sentence of up to three (3) to five (5) years in prison. In cases where the property taken is valued at between $200 and $500, theft by deception is classified as a fourth degree offense. Fourth degree theft by deception can result in a maximum penalty of up to 18 months in prison. It is important to know that prosecutors can aggregate theft offenses, meaning that the total amount of property obtained illegally may be added together to enhance the charges against you.
NJ Criminal Trial Team
At the Law Offices of John F. Marshall, we will strive for a verdict in your favor in your theft case. We can fix this problem for you and help you get on with your life. In theft by deception cases, the prosecutor must establish that a transfer of the property occurred. If the victim did not actually turn over property due to a misrepresentation, the prosecutor will be unable to prove all of the elements necessary for a conviction. One defense available to you in a theft by deception case is that you were unaware that the property belonged to someone else. If you acted under an honest claim of right to the property, we may be able to get the charges against you dismissed. Another defense that may be available to you is that you merely took advantage of another person’s mistake. If you have been arrested for theft by deception, you need to hire a criminal defense lawyer who understands the special challenges involved. One of our skilled defense attorneys will investigate the arrest to ensure that there was no improper police conduct at the time of arrest. This could be a primary line of defense in your case. Because many of these charges can be dismissed or downgraded with the proper legal argument, it is critical that you get criminal defense consultation from an experienced attorney. If you or a loved one has been arrested for theft by deception, please do not wait to contact the Law Offices of John F. Marshall for a free case evaluation at 201-933-4472. We want to hear the details of your case and explain your legal options.