Theft by Deception
Monmouth County NJ Theft by Deception Attorneys
If you have been charged with a theft offense in Monmouth County or elsewhere in New Jersey it is imperative that you speak to an experienced criminal defense attorney immediately. Not only could a theft charge land a Defendant behind bars but it could also carry devastating collateral consequences. As you will see below, the theft by deception statute is extremely broad and as a result it encompasses a variety of different acts. Being able to attack the underlying intent is the key to defending most theft by deception charges. This is where an experienced Monmouth County criminal defense attorney can make a tremendous difference. If you or a loved has been charged with theft by deception, theft of moveable property, burglary, robbery, heroin possession or aggravated assault the Law Offices of Proetta & Oliver can help. Our Monmouth County criminal defense attorneys have represented countless clients charged with theft by deception throughout their careers. Our attorneys routinely represent clients charged with criminal offenses in towns throughout Monmouth County including towns like Tinton Falls, Ocean Township, West Long Branch, Oceanport, Eatontown, Howell, Manasquan, Freehold, Middletown, Asbury Park and Wall. If you would like to come into the office and sit down with one of our attorneys to discuss your case, then please contact us at (732)858-6959. Unlike larger firms, Mr. Oliver, one of the firms founding partners, will personally be handling your matter and the matter will just not just be handed off to some associate. As always, our initial consultations are always free and we make ourselves available 24/7 to help assist in anyway possible. For more information on the offense of theft by deception, including what exactly the State must prove, see below.
Wall NJ Theft by Deception Attorneys
Theft by Deception Charges in NJ: N.J.S.A. 2C:20-4
Although N.J.S.A. 2C:20 covers theft offenses under the New Jersey Criminal Code, N.J.S.A. 2C20-4 specifically governs theft by deception offenses. The statute specifically states that “a person is guilty of theft if he purposely obtains property of another by deception”. In order to be convicted of this offense the Monmouth County Prosecutor’s Office must prove beyond a reasonable doubt three material elements, they are as follows:
- The Defendant obtained the property of another;
- The Defendant purposely obtained the property by deception; and
- The victim relied upon the deception in parting with the property.
What is Considered Deception?
As you can tell, deception is the key to this offense. To prove deception the State must show that the Defendant purposely created or reinforced a false impression or they withheld information that would have affect the victim’s position in order to complete the theft.
Will I go to Jail on a Theft by Deception Charge in NJ?
Just like every other theft offense in New Jersey, the degree of the theft by deception charge will be dictated by the dollar amount in question. The degree can be as high as a second degree felony and as low as a disorderly persons offense (misdemeanor). Here is a breakdown in the degree and applicable exposure if convicted.
Second Degree Felony:
- Value of the “theft” must be more than $75,000
- Defendant will face anywhere between 5-10 years in a State Prison and a fine up to $150,000.
Third Degree Felony:
- Value of the “theft” must exceed $500 but less than $75,000
- Defendant will face anywhere between 3-5 years in a State Prison and a fine up to $15,000.
Fourth Degree Felony:
- Value of the “theft” must exceed $200 but less than $500
- Defendant will face up to eighteen (18) months in a State Prison and a fine up to $10,000.
Disorderly Persons Offense:
- Value of the “theft” must be less than $200
- Defendant will face up to six (6) months in the Monmouth County Jail and a fine up to $1,000.
So as you can tell the applicable penalties if convicted could be devastating. Therefore it is imperative that you seek the assistance of an experienced Monmouth County criminal defense lawyer immediately. Depending on the underlying facts of the case and a Defendant’s prior criminal history, they may be eligible for one of New Jersey’s diversionary programs. If defense counsel can convince the prosecution and the Judge that their client deserves to participate in either the Pretrial Intervention Program or Conditional Dismissal Program their client may be able to avoid incarceration but a criminal record as well. For more information on either of these programs, including what determines one’s eligibility please feel free to contact our office at (732)858-6959.
Experienced Theft by Deception Attorneys in Middletown NJ
Our attorneys have been representing clients charged with criminal offenses like theft by deception, shoplifting, burglary, theft by extortion, passing bad checks and credit card fraud in Monmouth County for years now. If you would like to have a free initial consultation with Mr. Oliver or one of the other attorneys on staff about your options, then please contact us directly at (732)858-6959. The attorneys at Proetta & Oliver serve all of Monmouth County, including towns like Lake Como, Hazlet, Fair Haven, Colts Neck, Keyport, Union Beach, Monmouth Beach, Asbury Park and Freehold. We are well aware of what a felony theft conviction can do to someone’s life. As such, we are dedicated to making sure that no stone is left unturned when it comes to representing our clients. If you have any questions please do not hesitate to contact us. Time is of the essence with these types of charges.