Theft by Deception Lawyer

When people think of theft, they typically think of taking something by force or stealing something without another’s knowledge. However, committing theft by deception, fraud, or misrepresentation is also possible. Depending on the value of the property, a theft by deception could lead to severe criminal penalties.

Did prosecutors charge you with theft by deception in New Jersey? The Law Office of Jason A. Volet is here to help you. Attorney Jason A. Volet has extensive experience as a criminal defense trial lawyer. He has handled over 4,000 felony- and misdemeanor-level offenses as a defense attorney and assistant prosecutor. We’re ready to use our in-depth knowledge and experience to pursue the best possible outcome in your case.

We’re available 24/7, and our initial consultations are free and confidential. To learn more, contact us today and review your case with an experienced theft by deception lawyer in New Jersey.

What Is Theft by Deception in New Jersey?

New Jersey law, or N.J.S. § 2C:20-4, defines theft by deception as purposely obtaining another’s property through deception. The law gives “deception” a purposefully broad definition that includes several behaviors, such as:

• Creating false representations or impressions regarding the law, the property’s value, or one’s state of mind
• Withholding or hiding information that would affect one’s decision to make a transaction
• Despite being in a fiduciary relationship with another, failing to correct or reinforce their false beliefs and, in turn, influencing their behavior.

Essentially, theft by deception is lying to someone to create an opportunity to steal goods or services from them. The offense differs from theft by unlawful taking or theft by force because deception is the primary mechanism through which the thief tries to acquire the property.

What Are Examples of Theft by Deception?

Below are some common examples of theft by deception in New Jersey:

• Identity theft – Identity thieves commit fraud by falsely implying they are someone else.
• Using stolen credit cards – Thieves who use stolen credit cards can trick others into believing they are legitimate cardholders.
• Phishing – These scams typically occur online when someone tries to trick another into revealing sensitive information through things like misleading links and forms.
• Dining and dashing – People who dine and dash create a false impression that they will pay the business for their food and drink before leaving without paying. A similar type of theft by deception occurs when someone speeds away before paying for gas.

Are There Different Grades of Theft by Deception Charges?

Yes, New Jersey grades theft by deception charges according to the type and value of the stolen property. Theft of specific items, such as firearms or vehicles, might result in higher-level theft charges even if the items’ value does not meet the higher charge’s valuation threshold:

• Under $200 is a disorderly persons offense
• Between $200 and $500 is a crime of the fourth degree
• $500 and $75,000 is a crime of the third degree
• Greater than $75,000 is a crime of the second degree.

What Are the Penalties for the Different Grades of Theft by Deception?

Below are the maximum penalties for theft by deception charges in New Jersey:

• Disorderly persons offense – $1,000 fine and six months in prison
• Crime of the fourth degree – $10,000 fine and 18 months in prison
• Crime of the third degree – $15,000 fine and five years in prison
• Crime of the second degree – $150,000 fine and 10 years in prison.

These punishments vary in severity based on the presence of aggravating factors. For instance, fiduciaries who commit theft by deception against their principals can face elevated fines.

What Must the Prosecution Prove for a Charge of Theft by Deception?

In New Jersey, the prosecution must prove three elements to secure a conviction in a theft by deception case:

• Possession – The State of New Jersey must prove that you obtained or possessed the stolen property.
• Intention – You must have intentionally deceived the victim while knowing your misrepresentation was false.
• Deception – The victim must have relied on the deception when parting with the property.

Simply put, the prosecution must prove beyond a reasonable doubt that you intentionally deceived the victim, and that deception was the primary factor in the victim’s decision to part with their property.

Will I Have to Go to Jail for a Theft by Deception Charge in NJ?

Yes, prison could be a possible outcome of a theft by deception conviction. Even a disorderly persons offense can carry a six-month sentence. Theft of property valued at $500 or higher can carry over a year in prison.

Could I Be Required to Pay Restitution If I Am Convicted of Theft by Deception?

Yes, in addition to facing potential fines and incarceration, you may be required to pay the victim restitution in New Jersey. (See N.J.S. § 2C:43-3.) The total amount of restitution can include the value of the stolen property/services and the costs that the victim incurred when replacing that stolen property.

How Can a New Jersey Criminal Defense Lawyer Help with My Charges?

A theft by deception conviction requires that the prosecution prove specific facts. Every case is unique and requires a personalized defense tailored to the circumstances.

For instance, your criminal defense attorney could argue that the evidence exceeds the required property value threshold. Or, your attorney could argue that you did not use deception in the transaction, or that you did not knowingly deceive the victim. An attorney could also say that you did not have sufficient control over the allegedly stolen property to count as theft.

Contact a New Jersey Theft by Deception Lawyer

A conviction of theft by deception can carry serious consequences. So, it will be vital for you to secure the help of an accomplished theft defense lawyer.

Attorney Jason A. Volet has over 19 years of criminal law experience and has overseen thousands of criminal cases. As a former prosecutor and Supreme Court of New Jersey-certified Criminal Trial Lawyer, he can protect your rights and skillfully pursue a dismissal of your charge or a reduction to a lesser offense.

Don’t wait to seek legal help. Contact us today for a free consultation.