Theft By Deception

Burlington County NJ Theft by Deception Charges

There are a variety of criminal offenses in New Jersey that involve theft-related acts. Common among these are charges like Shoplifting, Theft of Property, Theft by Extortion, Robbery, Theft of Services and Theft by Deception. Theft by Deception is exactly like it sounds. It involves some form of theft that is based upon deceit of the victim. If you are charged and convicted of Theft by Deception, you could be facing up to ten (10) years in State prison for one charge alone! If you or a loved one have been arrested and charged with Theft by Deception, please contact the Burlington County Criminal Attorneys at Proetta, Oliver & Fay. For more information on the Burlington County Superior Court and how they handle criminal theft charges like Theft by Deception, please call our office at (609) 850-8284 today. 

Firm Partner, William C. Fay, Esq., is a former Deputy Attorney General with the NJ Attorney General’s Office. He is well-trained and experienced in handle criminal matters. Mr. Fay will review the facts and proofs in your case to help defend against any criminal charges that have been filed against you or a family member. Our firm handles matters throughout Burlington County, including towns like Evesham, Burlington Township, Mount Holly, Bordentown, Pemberton, Mount Laurel, Palmyra, Riverside, Moorestown, Southampton, Florence and Maple Shade. Do not hesitate to call Mr. Fay today to discuss your case and learn how we can help with you matter or represent you from your Pretrial Detention Hearing up through trial.

Evesham NJ Theft by Deception Lawyer

Pursuant to N.J.S.A. 2C20-4, it is unlawful for any person to “purposely obtain the property of another by deception.” However, the question in these types of cases comes down to “what qualifies as deception?” Can I hide information from someone in a transaction? Can I fail to correct someone’s false perception? All of these things are valid questions that an experienced criminal defense attorney can answer and explain for you. For a more specific explanation of these questions, please read below.

How Can Someone Prove Deception?

Under the law, there are multiple ways in which the State can prove that Defendant “deceived” the victim. A breakdown of each possible form of deceit are as follows:

1. A person deceives if he / she purposely 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. However, deception as to a person’s intention to perform a promise cannot be inferred solely from the fact that he/she did not subsequently perform the promise.
2. A person deceives if he / she purposely prevents another from acquiring information which would affect his / her judgment of a transaction.
3. A person deceives if he / she purposely 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 / she stands in a fiduciary or confidential relationship. Fiduciary could be an executor, general administrator of an intestate, administrator with the will annexed, substituted administrator, guardian, substituted guardian, trustee under any trust, express, implied, resulting or constructive, substituted trustee, executor, conservator, curator, receiver, trustee in bankruptcy, assignee for the benefit of creditors, partner, agent or officer of a corporation, public or private, temporary administrator, administrator, administrator pendente lite, administrator ad prosequendum, administrator Appellate Division item or other person acting in a similar capacity.

Does Theft by Deception Carry Jail Time in NJ?

Like with most criminal offenses, the possibility of incarceration is always a possibility. However, the likelihood and length of incarceration will vary depend upon the degree of the charges. For Theft by Deception, the degree of the charges will be directly affected by the dollar value involved. More specifically, Theft by Deception charges will be treated as follows:

Theft by Deception Second Degree

• When the value of the theft is in excess of $75,000, then the Defendant will face between five (5) and ten (10) years in a New  Jersey State Penitentiary.

Theft by Deception Third Degree

• When the value of the theft is between $500 and $75,000, then the Defendant will face between three (3) and five (5) years in a New  Jersey State Penitentiary. Third degree charges are the most common because of the wide financial range.

Theft by Deception Fourth Degree

• When the value of the theft is between $200 and $500, then the Defendant will face up to eighteen (18) months in a New Jersey State Penitentiary.

Theft by Deception Disorderly Persons Offense

• When the value of the theft is less than $200, then the Defendant will face up to six (6) months in a Burlington County Jail. This is the least severe of the Theft by Deception charges.

Theft by Deception Attorneys in Mount Holly, NJ

Whether this is the first time you have ever been charged with a crime or not, it is imperative that you consult with an experienced criminal defense attorney. Depending upon the nature of your charges and the facts of your case, you could be facing up to ten (10) years in a NJ State Prison. Alternatively, competent legal counsel could afford you the ability to avoid any conviction and possibly obtain a dismissal of your charges through a diversionary program like Pretrial Intervention (PTI). If you or a loved one were charged with Shoplifting, Extortion, Money Laundering, Bad Checks, Identity Theft, Credit Card Fraud or Theft of Property, contact the Burlington County Criminal Attorneys at Proetta, Oliver & Fay. We can be reached 24,7 for your convenience and we represent individuals charged with offenses throughout Burlington County. For your immediate and complimentary consultation, please contact our office at (609) 850-8284. Do not hesitate in finding the right representation your criminal case, time may be of the essence.