Theft by Deception

Theft by Deception Attorney in Hudson County, NJ

Theft by deception is one of the most common theft offenses issued in Jersey City, New Jersey. Just like the offense of shoplifting, receiving stolen property and theft of moveable property, the degree of offense one faces will be determined directly by the value of the item(s) in question. For instance, if a defendant is convicted of theft by deception and the value of the item was more then $75,000, then they would be facing up to ten years in a New Jersey State Prison, since it is a second degree crime. For more information on the applicable penalties if convicted of theft by deception in New Jersey, please see below. The Law Office of Jonathan F. Marshall has over 100 years of combined experience on staff, including over twenty-five years of prior prosecuting experience. Our team of eight Hudson County, NJ theft by deception defense attorneys are prepared to rigorously fight to protect your freedom. If you have been charged with theft by deception, shoplifting, burglary or robbery in towns like Jersey City, Secaucus, Kearny, North Bergen, Hoboken, West New York or Bayonne, the Law Office of Jonathan F. Marshall can help. If you or someone you know has been charged with a theft crime in Hudson County, New Jersey and would like to speak to an experienced criminal defense lawyer, please contact our Jersey City office directly at (201) 309-1800 for a free initial consultation. For more information on the offense of theft by deception, please see below.

Theft by Deception Lawyers in Jersey City, NJ

Theft by Deception: N.J.S.A. 2C:20-4

The governing statue for the offense of theft by deception in New Jersey is N.J.S.A. 2C:20-4.

To be convicted of theft by deception in New Jersey, the state must prove three key elements beyond a reasonable doubt and they are as follows:

  • The defendant took possession of property of anthers;
  • The possession of the property was obtained by deceiving the victim; &
  • It was the defendant’s purpose to deceive the victim in order to obtain the property in question.

As you can imagine, the different types of deception that can be alleged are endless. Therefore, it is imperative that you hire an experienced Jersey City, NJ theft by deception attorney, so that they can create reasonable doubt in the alleged deception. Furthermore, it will not be a considered a valid defense, that a reasonable person, would not have been deceived by whatever the alleged deception was.

How long can I go to jail for if I am convicted of Theft by Deception in NJ?

As mentioned above, just like every other theft offense in New Jersey, the potential penalties that a defendant is facing will depend directly on the degree of the offense. The degree of the offense will depend directly on the dollar amount of the items alleged to have been obtained as a result of the offense. Here is the breakdown:

  • 2nd Degree Felony: Value of the property obtained by the deception is worth more than $75,000
    • Up to 10 Years in Prison & $150,000 Fine
  • 3rd Degree Felony: Value of the property obtained by the deception is worth more than $500 but less than $75,000
    • Up to 5 Years in Prison & $15,000 Fine
  • 4th Degree Felony: Value of the property obtained by the deception is worth more than $200 but less than $500
    • Up to 18 Months in Prison & $10,000 Fine
  • Disorderly Persons Offense: Value of the property obtained by the deception is worthless than $200
    • Up to 6 Months in Jail & $1,000 Fine

A defendant that is charged with theft by deception may be eligible for one of New Jersey’s diversionary programs. If the defendant is charged with either a 2nd, 3rd or 4th degree felony, then they may be eligible for a diversionary program known as Pre Trial Intervention (“PTI”). If eligible and your attorney is able to convince the Judge and the prosecution that you are a good candidate for the program, then you will be given the opportunity to be placed on probationary period and if you successfully complete the term, without violating any of the conditions, then the charges will be dismissed. The legislature has recently created a similar program for defendants whom have been charged with a disorderly persons offense level theft. That program is known as conditional dismissal and it will operate the same way as the PTI program. For more information on these programs please check out our diversionary program section by clicking here.

Jersey City, NJ Theft by Deception Defense Attorneys

As you can tell, if convicted of theft by deception in New Jersey, you could be facing life changing consequences. If convicted of theft by deception, you will not only be facing a lengthy state prison term but community service, high fines, probation, restitution and a permanent criminal record as well. If you have been charged with robbery, theft by deception, shoplifting or burglary in towns like Bayonne, Jersey City, North Bergen, Union City or Hoboken, the Law Office of Jonathan F. Marshall can help. Our team of Hudson County, NJ theft by deception lawyers are available 24/7 to answer any questions you might have about your pending criminal charges. If you would like a free initial consultation please contact our Jersey City office directly at (201) 309-1800.