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Theft by Deception

Theft by Deception Defense Lawyers at Law Offices of Jonathan F. Marshall, 10 Allen St #2Dreet, Toms River, NJ 08753, defend charges throughout Ocean County, including Brick, Manchester, Toms River, Berkeley, Jackson, Stafford, Lakewood, Ocean Township, Lacey and Point Pleasant

The offense of theft by deception arises in many contexts in Ocean County. Whether the result of failure to return a deposit on a construction contract, an alleged insurance scam, stealing from an employer or another scenario, theft by deception carries serious consequences. If you were charged with theft by deception (e.g. fraud, misrepresentation, impersonation, etc.) in Brick Township, Toms River, Berkeley, Manchester, Jackson or another municipality in the County of Ocean, it is certainly in your best interests to hire the best lawyer you can afford.

Brick NJ Theft by Deception Defense Lawyer

Here at Law Offices of Jonathan F. Marshall, we can offer representation by attorneys with qualifications that are definitely unique. Our team includes several former prosecutors who have served at both the county level and in approximately 15 Ocean County Municipalities, including each of those previously mentioned. The lawyers also possess over 100 years of collective experience defending theft by deception and other criminal charges in the county. To speak to a defense attorney in our Toms River Office, call (732) 286-6500 for a free consultation.

Theft by Deception Charge in Ocean County

The offense of theft by deception is contained at N.J.S.A. 2C:20-4 of the New Jersey Criminal Code. This charge is triggered when an individual utilizes deception or misrepresentation to commit a theft. The following are some of the more frequently asked questions by individuals arrested and/or charged with theft by deception.

How Does the Prosecutor Prove a Charge for Theft by Deception?

To obtain a conviction for theft by deception, the State needs to prove that the defendant purposely obtained property of another by deception. The main elements are the intent and the property. The defendant must have a purposeful intent to obtain the property by deception, the defendant must obtain the property and the said property must have belonged to another. The statute for theft by deception becomes tricky in determining what constitutes a “purpose to deceive”. N.J.S.A. 2C:20-4 illustrates the following three particular instances which would constitute a purpose to deceive:

  1. The defendant creates or reinforces a false impression (e.g. law, value, who they represent, etc.);
  2. The defendant prevents another from acquiring information which would affect the other’s judgment of a transaction;
  3. The defendant does not to correct a false impression which the defendant previously created or reinforced, or which the defendant knows to be influencing another to whom he stands in a fiduciary or confidential relationship.

If the defendant genuinely believes that their false statements are true, then they will not satisfy the necessary elements to convict on theft by deception (i.e. the defendant lacks the necessary intent to deceive).

How Is the Grade of a Theft by Deception Charge Determined?

The severity or grading of a theft by deception charge is determined by the value of the property stolen. If the value of the property obtained by deception exceeds $75,000.00, then the offense is a crime of the second degree. If the value of the property obtained by deception is between $500.00 and $75,000.00, then it is a crime of the third degree. If the value of the property obtained by deception is between $200.00 and $500.00, then it is a crime of the fourth degree. Lastly, if the value of the property obtained by deception is less than $200.00, then it is a disorderly persons offense.

Which Penalties Are Triggered for a Theft by Deception Conviction?

If you are convicted of second degree theft by deception, you face five (5) to ten (10) years in prison and a fine that can reach.  You are exposed to up to five (5) years in prison and a $15,000 for third degree theft by deception. A defendant convicted of fourth degree theft by deception may be incarcerated for eighteen (18) months and fined up to $10,000.00.  The lowest grade of theft by deception is a disorderly persons offense that results in maximum penalties that include a $1,000 fine and up to six (6) months in the Ocean County Jail.

Stafford NJ Theft by Deception Attorney

A criminal complaint accusing you of fraud, misrepresentation or some other form of deception in order to steal money or property can result in serious consequences. You are not only exposed to thousands of dollars in fines and the possibility of incarceration but also a record for dishonesty that cannot be removed for many years. Hiring a knowledgeable attorney can provide significant value in averting the ramifications of a conviction for theft by deception in Lacey, Stafford, Lakewood, Ocean Township, Point Pleasant or elsewhere in Ocean County. The lawyers that make up our eight member trial team have a century in practice between them, including years serving as prosecutors. Call us at (732) 286-6500 anytime 24/7 to speak to a lawyer immediately.

What Clients Say About Our Ocean County Criminal Defense Attorneys
Exemplary attorneys. I hired them for a DUI and an expungement. I was happy with the results for both cases. Special thank you to Samera for always answering all of my calls and questions JC
I'm 45 years old and this was my first time ever getting in trouble with the law. I was in need of a lawyer and after careful research, I called John F. Marshall Attorneys and was introduced to Abe Basch. Abe was professional, supportive and very thorough. I had three charges against me, one civil and two criminal. I was so scared and expressed that to Abe. The first day I had to go to court, I was an absolute nervous wreck but Abe prepped me and kept my anxiety levels down by going over the process of the courts thoroughly with me. He fought to get my charges dismissed and won all three cases (two court appearances). Abe is positive, confident and he ensured I felt the same way. I'd like to say thank you to Abe for working so diligently on my cases to get them dismissed. I feel like a weight has been lifted off my chest! I highly recommend Abe for any charges you may be faced with. Rose C.
I was out of state on a family emergency and I had to retain council asap as a boy friend was sitting in county jail with the new no bail point system and Mr marshal and staff made me feel Soo much better knowing that my detained loved one was in such great hands! He spoke to me as I was outta state kept in touch allowed me to work out payment due to the situation and just all out the difference in my bfs voice alone with all the medical problems and such he was going threw sounded better than he had since the first day he was there and was Soo happy that Mr marshal went that day retained to see him in the jail and have him ready for court which wasn't supposed to be till Friday but again Mr marshall and team got it so we can get him now on wendsday and all I have to say is if your looking for a real down to earth lawyer that will work with you and help in anyway possible and I can't for get the team at the office TONI and everyone else thank you again I'd give 100 stars if I could! Nicole J.
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