Theft by Deception

Cherry Hill NJ Theft By Deception Lawyer

A broad spectrum of theft-related offenses occurs in Camden County including a specific violation that occurs when someone uses misrepresentation or deception to steal. This offense is referred to as theft by deception and is set forth at N.J.S.A. 2C:20-4. Depending on the facts and the dollar amount involved, you can face a second degree, third degree, fourth degree, or a disorderly persons offense. The Camden County Prosecutor’s Office handles many second degrees and third-degree theft by deception charges and indictments each year arising in towns like Voorhees, Cherry Hill, Pennsauken, and Gloucester Township to name a few. Municipal Courts throughout the county also preside over at least hundreds of disorderly persons offenses brought under 2C:20-4 including Audubon Municipal Court, Bellmawr Municipal Court and Clementon Municipal Court. At its core, theft by deception is essentially designed to protect people, particularly the gullible, from being cheated as a result of false guarantees and representations. A common variety of this offense is the contractor or car dealer who fails to return a deposit despite not having performed the related service or delivered the vehicle.

What You Need To Know About Theft By Deception In Pennsauken & Camden County

NJ Theft By Deception Charges Explained.

At a trial for charges related to theft by deception, the State will attempt to prove that the defendant purposely obtained property of another by deception. To do this, the prosecutor must demonstrate that the defendant had a purposeful intent to obtain the property by deception, that the defendant obtained the property and that the said property belonged to another.

What is “Purpose to Deceive”?

Under N.J.S.A. 2C:20-4, there are three situations which would constitute a purpose to deceive: (1) The defendant creates or reinforces a false impression, (2) The defendant prevents another from acquiring information which would affect the other’s judgment of a transaction, (3) The defendant does not 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.

Is Theft By Deception a Felony in Camden County, NJ?

If the value of the property obtained by deception exceeds $75,000.00, then it is a second-degree indictable offense. If the value of the property obtained by deception is between $500.00 and $75,000.00, then it is a third-degree indictable offense. If the value of the property obtained by deception is between $200.00 and $500.00, then it is a fourth-degree indictable offense. Lastly, if the value of the property obtained by deception is less than $200.00, then it is a disorderly persons non-indictable offense.

What are the Penalties for a Theft by Deception Conviction?

If convicted of second-degree theft by deception, you will face up to ten (10) years in prison and fines not to exceed $150,000.00. Alternatively, if convicted of third-degree theft by deception, you will face up to five (5) years in prison and fines not to exceed $15,000.00. A fourth-degree conviction for theft by deception carries up to eighteen (18) months in prison and fines as high as $10,000.00. Lastly, if convicted of a disorderly persons offense for theft by deception, the court may sentence you to up to six (6) months in prison and impose fines up to $1,000.00.

Voorhees Theft By Deception Lawyers

As you can see, a conviction for a felony offense of theft by deception in Camden can result in a significant state prison time and other penalties. In addition, a disorderly persons offense for this charge will result in a record of stealing, something that can seriously affect your future, if you are convicted in the City of Camden, Pine Hill, Berlin, Stratford, Merchantville or another municipality. For this reason, it is crucial that you secure an attorney to protect you. The lawyers at our firm are seasoned criminal advocates who can get you the result necessary to negate life-changing consequences. For assistance with your pending theft by deception charge, contact the Law Offices of Jonathan F. Marshall today.