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What Does The New Jersey Theft By Deception Statute Say?

October 25, 2020 Criminal Lawyers

What Does The New Jersey Theft By Deception Statute Say?

The crime of theft by deception is covered by N.J.S.A. 2C:20-4 of the New Jersey Criminal Code. A person can be charged with this crime if they purposely deceive another in the following ways:

  1. creates or reinforces a false impression concerning legislation, the value of an item, representation of a third party,
  2. prevents an individual from obtaining information which would guide their judgment in a transaction; or
  3. neglects to correct a false impression that they created, reinforced or knew could influence someone to whom they had a fiduciary or confidential relationship.

How Would a Hunterdon County Prosecutor Prove A Charge Of Theft By Deception?

Three elements of proof are necessary to secure a conviction for theft by deception at the Hunterdon County Superior Court in Flemington New Jersey. First, the prosecutor has to establish that the accused received money or property of another person or entity. The second thing that must be demonstrated beyond reasonable doubt is that the defendant created or reinforced a false impression or prevented the victim from acquiring information which would affected his/her judgment or failed to correct a false impression despite having a duty to the victim. Third, the accused must have a reason for deceiving.

How is the Degree of a Theft By Deception Determined?

Theft by deception is considered a disorderly persons offense when the victim sustains a loss of under $200. When the damages are between $200 and $500, theft by deception is a fourth-degree offense. Third-degree theft by deception has occurred where at least $500 but less than $75,000 is stolen. A second-degree crime to commit a theft by deception is characterized by the theft of $75,000 or more.

What Penalties are Possible upon Conviction Of Theft By Deception At The Hunterdon County Superior Court In Flemington, NJ?

The penalties for theft by deception depend on the degree of offense. A second-degree offense of theft by deception can cost you up to $150,000 in fines and 5-10 years behind bars. A maximum $15,000 in fines and imprisonment up to 5 years applies to a third-degree crime. Fourth-degree theft by deception will get you up to 18 months in prison and a fine that can be as high as $10,000. A disorderly persons offense for theft by deception, the lowest grade, carries up to 6 months in the county jail and a $1,000 fine.

Your Theft By Deception Attorney in Flemington, NJ

Getting arrested for theft by deception, credit card fraud, bad checks and similar criminal offences in New Jersey can send your life into a state of turmoil. Putting the best Hunterdon County theft offense defense attorney on your team is the smartest thing you can do to evade the consequences of a conviction. The lawyers at our firm have exactly what you need to meet your need to move on with your life without a huge blemish on your record. We know what it takes to land you an acquittal, downgrade or even Pretrial Intervention (PTI) so you keep your record clean.

Spodek Law Group defends theft by deception charges that are filed in Flemington, Tewksbury, East Amwell, Clinton Township, Raritan Township, Readington, Union Township, Lebanon, Lambertville, Bethlehem, Delaware Township, Alexandria, Glen Gardner, Stockton, Bloomsbury, Frenchtown, Holland, High Bridge, Kingwood, Hampton and other municipalities in Hunterdon County.

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