New Jersey Criminal Defense Lawyer For Theft By Deception Charge
Charged With Theft By Deception?
The Law Offices of Jonathan F. Marshall is a criminal defense law firm that represents individuals charged with theft by deception in NJ. If you believe that you are the subject of an investigation or have been arrested for this offense, please contact us immediately. We find that our very best results are obtained when our attorneys are brought into a case early, thereby allowing us to mitigate any damage and avoid a potential indictment. Our firm handles these cases statewide including Monmouth County, Essex County, Middlesex County, Union County, Somerset County, Mercer County, Essex County and Hudson County, and has some exceptional credentials, including:
- A team of 13 attorneys that practice exclusively in defense and have over 200 years of collective experience
- Former county and municipal prosecutors who have served as Director of Major Crimes, Juvenile, Drugs Task Force, and even an entire Trial Division
- Certified criminal trial attorneys
- A track record of success spanning decades
- Offices throughout New Jersey to serve you
If you or a loved one is in need of legal assistance for a theft by deception offense, an attorney with our firm is available to answer your questions. We also encourage you to contact our office and arrange a free initial consultation with one of our lawyers. The following information is provided for your assistance in understanding the law.
NJ Theft by Deception Law
New Jersey’s Theft by Deception Law is contained at N.J.S.A. 2C:20-4 and provides that:
A person is guilty of theft if he purposely obtains property of another by deception. A person deceives if he purposely:
a. 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; but deception as to a person’s intention to perform a promise shall not be inferred from the fact alone that he did not subsequently perform the promise;
b. Prevents another from acquiring information which would affect his judgment of a transaction; or
c. 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 stands in a fiduciary or confidential relationship.
The term “deceive” does not, however, include falsity as to matters having no pecuniary significance, or puffing or exaggeration by statements unlikely to deceive ordinary persons in the group addressed.
N.J.S.A. 2C:20-1(a) provides that “obtain” means “(1) in relation to property, to bring about a transfer or purported transfer of a legal interest in the property, whether to the obtainer or another; or (2) in relation to labor or service, to secure performance thereof.” N.J.S.A. 2C:20-1(h) defines property as including “anything of value”.
Explanation of the Law
There are certain elements of every criminal offense that must be established by the prosecutor to secure a conviction. In terms of a charge for theft by deception under N.J.S.A. 2C:20-4, the state must prove that:
(1) property was obtained by the accused;
(2) the property was obtained by deception;
(3) the accused intended to deceive the victim; and
(4) there was some economic gain or loss which resulted.
In terms of the second element of proof, namely, that “deception” was used, there are a number of scenarios in which this may occur, specifically, by creating or reinforcing a false impression regarding the law, the value of something, or an individual’s intent or state of mind. In this regard, it is relatively easy to image and comprehend where the statute comes into play when someone misrepresents the law or value of something but it can get a little confusing when we talk about false impression regarding intent or state of mind. A perfect example which illustrates this concept is the solicitation of a charitable donation where the intended purpose of the solicitor is to use the money for something other than a charity. He misrepresents his intent or state of mind, namely, what he intends to use the solicited money for, and this allows him to obtain the money under the guise of a false impression. The solicitor engaged in deceptive conduct to create a false impression that allowed him to obtain money and this gives rise to the offense of theft by deception. It should also be reiterated that the statute specifically applies not only to express communication in the form of spoken words and writing, but also to false impression created or reinforced by behavior. For example, when a gas station attendant manipulates a gas pump to his benefit he is creating a false impression as to value without actually speaking or writing something. It is important to keep in mind, however, that a misrepresentation or false impression can only give rise to a charge or indictment if there is an economic or pecuniary gain to the accused. Accordingly, puffing typically will not constitute a criminal offense such as, for example, puffery by a salesman as to the quality of a motor vehicle.
Other examples of theft by deception include:
- Phishing – Emailing a victim and pretending to be a trusted source with the intent of taking their money (this may also result in charges of other computer crimes)
- Using stolen credit cards to obtain merchandise (this may also result in charges of identity theft or credit card fraud)
- Dine-and-dash – Eating at a restaurant and then not paying (by sitting at a table in a restaurant, you are implying that you intend to pay for your meal)
- Tricking people into sending you money
Penalties for Theft by Deception in New Jersey
The penalties which may be applied in the event of conviction are predicated on the grading or degree of the theft by deception conviction. In this regard, second-degree theft by deception applies where the amount involved is $75,000 or more. Third-degree theft by deception applies where the amount involved is between $500 and $75,000. Fourth-degree theft by deception applies where the amount involved is less the $500 but more than $200. Commensurate fines and penalties apply as outlined on our Degree of Offense page.
Aggregation of Damages
Under certain circumstances, the state and prosecutor is permitted to add damage or theft amounts together and utilize the total as the basis for an indictment. This is the case where the thefts were part of a continuing course of conduct or scheme. It is imperative that a knowledgeable defense lawyer fights this effort because the aggregation shall result in a higher degree of offense and related penalties.
Theft by Deception
Is Exaggeration or Puffery Theft by Deception?
New Jersey law makes a specific exception for “puffing” or other exaggerations that are unlikely to deceive an ordinary person. “Puffing” is a legal term of art that refers to an overstatement or exaggerated claim about a good or service meant to convince someone to buy that good or service, but that a reasonable person would understand may be an embellishment or hyperbole.
Can A Defendant Avoid A Conviction If The Deception Only Involved A Minor Amount?
New Jersey law requires that theft by deception involve matters of “pecuniary significance.” This means that there is no crime if an insignificant amount of money is involved. If you are charged with theft by deception for a matter that does not involve a significant amount of money, our attorneys may be able to secure a dismissal on your behalf.
Can I Be Convicted for Theft By Deception If I Didn’t Intend To Deceive The Victim?
Intent, specifically the intent to deceive, is a necessary element of the crime of theft by deception. If you did not intend to deceive the victim, such as if it was an accident or unintended consequence, you should have a solid defense against this accusation. The experienced NJ theft by deception attorneys at Marshall criminal defense have defended countless white collar cases based on lack of intent and are ready to defend you.
What If I Intended To Follow Through On A Promise But Later Failed to Fulfill?
If you made a promise, which caused someone to give you money, but you failed to perform your end of the bargain, you may or may not be guilty of theft by deception. What matters is your intent at the time of the promise. If you genuinely intended to follow through on your promise when it was made, you likely did not have the intent necessary to commit theft by deception. The law in New Jersey is clear that failure to perform alone is not theft by deception; proof that you intended to deceive the other person must also be shown. If you lacked intent, you did not commit theft by deception. Conversely, if you knew or reasonably should have known that you couldn’t or wouldn’t follow through on your promise, then you committed this offense.
If I Didn’t Explicitly Say Or Write Anything Untrue Can I Be Convicted For Theft by Deception?
As illogical as it might seem at first brush, an affirmative misrepresentation (a.k.a. lie) is not required in order to convict someone in New Jersey for theft by deception. Failure to correct a false impression is enough provided the actor knows the victim has been deceived and relief on a false impression in proceeding with the transaction. Conduct or even failure to correct a known error of fact suffices when it perpetuates a false impression.
Is It A Defense That the Victim Should Have Known Better?
It does not matter if the other person should have known better. Even if a reasonable person would have known you were lying or misleading them, you can still be charged with theft by deception. This law was created to protect vulnerable individuals from being taken advantage of. Most importantly, the deceived person relied on the deceiver’s words or actions. Victims of theft by deception are often the elderly or mentally incompetent people.
Defenses To a Theft by Deception Charge
There are numerous potential defenses to an offense for theft by deception. Some of the more common avenues to defend a case include:
- Lack of intent to deceive the victim
- The “deception” was accidental
- “Puffing,” boasting, or other apparent exaggerations (such as cases where an ordinary person would not have been deceived)
- An insignificant amount of money is involved
- The other person did not rely on the false impression
- Insufficient evidence to prove the elements of the crime
- Issues with police procedure and searches and seizures (your rights were violated during the police investigation, or evidence was improperly obtained and cannot be used at trial)
If you think one of these defenses may apply in your case, you will want a knowledgeable attorney to help you present the strongest possible case. Contact The Law Offices of Jonathan F. Marshall today. You do not have to fight these charges alone.
New Jersey Theft By Deception Defense Lawyers
Theft by deception is a serious offense in NJ. If you have been charged or indicted for theft by deception in NJ, you should engage an experienced attorney as soon as possible. We encourage you to contact our law office for a free initial consultation with one of our lawyers to explore your options. The attorneys at our firm are prepared to fight and defend the offense filed against you in New Jersey, including Monmouth County, Union County, Middlesex County, Ocean County, Somerset County, Essex County, Hudson County, and Mercer County. Please feel free to contact us any time 24/7 for immediate assistance.
Additional Theft By Deception Resources To Assist You
