Is Exaggeration or Puffery Theft by Deception?
May 14, 2022
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
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
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...
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...
If I Didn’t Explicitly Say Or Write Anything Untrue Can I Be Convicted For Theft by Deception?
May 14, 2022
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...