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Theft by Deception

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William A ProettaReviewsout of 30 reviews Keith G OliverReviewsout of 55 reviews

Somerset County NJ Theft by Deception Lawyer

If you have been arrested and charged with theft by deception in Somerset or Hunterdon County, the Law Offices of Proetta & Oliver can help. Theft by deception charges are anything but straightforward for the prosecution. As you will see below, the prosecution will have to establish some form of a deception on behalf of the Defendant prior to the transfer of the goods. This is a complex charge and if not handled properly, it could cost a Defendant up to a decade of their life and not to mention scar them with a felony criminal record.  If you would like to speak to one of our Somerset County criminal defense attorneys about your options then please contact us at (908)533-1064.

Most of our clients that have been charged with theft by deception in New Jersey also tend to be charged with crimes like theft of moveable property, receiving stolen property, theft of services, burglary, trespassing and shoplifting. If you have been charged with any of the aforementioned offenses in towns like Somerville, Clinton, Flemington, Raritan, North Plainfield, Bound Brook, Bridgewater, Warren, Franklin, Watchung or anywhere else in Somerset County, the criminal defense attorneys at Proetta & Oliver can help. Our attorneys will aggressively challenge the evidence presented against you in order to obtain a favorable outcome. If you would like to come into our office for a face to face consultation then please contact us at (908)533-1064. We can go over the specific facts of your case and we will give you our honest feedback on how we can be of assistance. If you have any questions whatsoever, please do not hesitate to contact us and as always, our initial consultations are free of costs.

Flemington NJ Theft by Deception Defense Attorney

Theft by Deception Charges in NJ: NJSA 2C:20-4

Theft by deception charges can be either a disorderly persons offense (misdemeanor) or a second, third or fourth degree felony offense in New Jersey. The difference between the degrees can be the difference between a Defendant obtaining a fine at worse, to receiving up to a decade behind bars. The value of the property in question will be the sole basis in determining what degree of theft by deception that a Defendant is charged with. In other words, a Defendant’s prior criminal history or the specific property in question is totally irrelevant when it comes to determining what degree a Defendant will be charged with.

Theft by deception will be governed by NJSA 2C:20-4 in New Jersey. The offense in essence covers a situation in which it is alleged that the Defendant received the property of another by using some form of deception. In order to be convicted of this offense, the prosecution must prove beyond a reasonable doubt the following three material elements:

  • That the Defendant obtained the property of another;
  • In order to do so, the Defendant used some form of a deception; &
  • The victim relied upon the deception when deciding to part with the property.

When it comes to defending these types of charges it is crucial to look at the “deception” that is alleged. Deception can include a variety of different things including the creating a false impression or the leaving of out key information that could have otherwise changed the “victim’s” decision to part with the property. Regardless of the alleged deception, the prosecution will need to prove that it was the Defendant’s purpose to deceive the victim in order to obtain the property. If you would like to speak to one of our experienced Somerset or Hunterdon County criminal defense attorneys about your options then please contact us at (908)533-1064.

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

As touched upon earlier, like all other theft charges in New Jersey, theft by deception can either be a disorderly persons offense or a second, third or fourth degree felony. Here is a chart that will breakdown not only what separates the degrees but also the potential penalties if convicted.

2nd Degree Theft by Deception Lawyer

  • To be charged with a second degree felony theft by deception charge in New Jersey, the property in question must be greater than $75,000.
    • If convicted, a Defendant will be facing up to 10 years in prison, a fine up to $150,000, a felony criminal record and restitution if applicable.

3rd Degree Theft by Deception Attorney

  • If a Defendant is charged with a third degree felony theft by deception charge in New Jersey, the property in question must be greater than $500 but less than $75,000.
    • If convicted, a Defendant will be looking at 5 years in prison, a fine up to $15,000, a felony criminal record and restitution if applicable.

4th Degree Theft by Deception Attorneys

  • To be charged with a fourth degree felony theft by deception charge in New Jersey, the property in question must be greater than $200 but less than $500.
    • If convicted, the Defendant will facing up to 18 months in prison, a fine up to $10,000, a felony criminal record and restitution if applicable.

Disorderly Persons Theft by Deception Lawyer in Bound Brook  NJ

  • To be charged with a disorderly persons offense theft by deception charge in New Jersey, the property in question must be less than $200.
    • If convicted, the Defendant will facing up to 6 months in the county jail, a fine up to $1,000, a criminal record and restitution if applicable.

With that being said, New Jersey has created several different diversionary programs that a Defendant facing a theft by deception charge may be eligible to take advantage of. Those programs include, the Pretrial Intervention Program, the Conditional Dismissal Program and Drug Court. Each one of these programs serves a different purpose but they all help keep a Defendant out of jail. For more information on these programs please contact our office at (908)533-1064 or click the corresponding links.

Readington NJ Theft by Deception Lawyer

Being charged with a criminal offense can be downright stressful, however, hiring the right attorney can go a long way alleviating that stress. At Proetta & Oliver we treat every single case like it is our only case, regardless of whether you are charged with a traffic ticket or a homicide. If you have been charged with theft by deception, theft by extortion, theft of services, burglary, robbery or carjacking, the attorneys at Proetta & Oliver can help. We serve all of Somerset and Hunterdon County, including South Bound Brook, East Amwell, Clinton, Franklin, Readington, North Plainfield, Green Brook and Manville. For a free consultation today, please contact us at (908)533-1064.