Theft by Deception in New Jersey

Elizabeth, NJ Theft by Deception Attorney

                                                                                Theft by Deception Attorney in New Jersey

Theft by deception is a criminal offense in New Jersey that involves obtaining someone else’s property through deceptive means. A theft by deception charge in New Jersey can have serious consequences. Besides potential jail time, you can face a large fine, restitution, community service, as well as a criminal record if convicted. It’s important to discuss your theft by deception charge in New Jersey with a licensed attorney. If you or a loved one is facing theft by deception, receiving stolen propertycriminal mischief, shoplifting, robbery, burglary, or theft by unlawful taking charges, then it is important to seek legal representation. If you are seeking legal representation in New Jersey, particularly in the areas of criminal defense, domestic violence, or manslaughter, Attorney Brett M. Rosen is an excellent choice. Here’s why:

  1. Experience: Brett M. Rosen is a seasoned lawyer, licensed in both New York and New Jersey. He has been practicing law for over 8 years, specializing in criminal and civil litigation.
  2. Client Satisfaction: Rosen has received high praise from his clients for his professionalism and effectiveness. Clients have described him as “the example of a true winner” and “one of NJ’s finest attorneys”.
  3. Trial Skills: Rosen has demonstrated exceptional trial skills, standing ‘toe to toe’ at trial against current and former prosecutors, and certified criminal and civil trial attorneys. His aggressive questioning and thorough approach have been commended by clients.
  4. High-Profile Cases: Rosen has handled high-profile cases, including representing a celebrity on their domestic violence case and a Grammy-Award winning artist on their drug cases.
  5. Recognition: He has been recognized as a Rising Star by Super Lawyers.

If you or a loved one is facing a theft by deception charge in New Jersey, it is important that legal assistance is sought. Contact our criminal justice law firm today to discuss your potential theft by deception case.

Definition of Theft by Deception Charge in New Jersey

Under New Jersey law, a person commits theft by deception if they purposely obtain another person’s property by creating or reinforcing a false impression. The New Jersey of theft by deception is codified under NJSA 2C:20-4. Let’s delve into the specifics:

  1. Creating False Impressions:
    • A deceptive act can involve creating false impressions related to lawvalueintention, or other states of mind.
    • For instance, falsely claiming to collect funds for a charitable purpose falls under this category.
  2. Preventing Information Acquisition:
    • A person can be guilty of theft by deception if they prevent someone from acquiring information that would impact their judgment in a transaction.
    • Concealing relevant facts or withholding information can lead to charges.
  3. Failure to Correct False Impressions:
    • If a deceiver previously created or reinforced a false impression, failing to correct it can also constitute theft by deception.
    • This applies especially when the deceiver has a fiduciary or confidential relationship with the affected party.
  4. Exclusions:
    • Not all falsehoods qualify as deception. Matters with no pecuniary significance (financial impact) or exaggerated statements unlikely to deceive ordinary individuals are exceptions.

If you or a loved one is facing NJSA 2C:20-4, theft by deception charge, in New Jersey, then call our office today for a consultation.

Elements of NJ Theft by Deception Charge

It is the prosecution’s job (burden) to prove each element of a theft by deception charge beyond a reasonable doubt. If the prosecutor fails to prove just one element, then the jury or judge must find you not guilty. According to the New Jersey Model Jury Charge, the prosecutor must prove the following elements of theft by deception beyond a reasonable doubt:

  1. That defendant obtained the property of another;
  2. That defendant purposely obtained the property by deception; and
  3. That the victim relied upon the deception in parting with the property.

It is important to remember that for the second element, the defendant, “must have known of [its] [their] falsity. If you find that the defendant believed in the accuracy of the impression created or reinforced, he/she is not guilty of deception, even though that belief was unreasonable.”

For the third element of theft by deception, the prosecution must prove “that the victim relied upon the deception and parted with the property.” If the alleged victim did not turn over property “in reliance on any deception, then you may not find defendant guilty of obtaining the property by deception.” This is why it is imperative to discuss your case with an attorney immediately. Contact our office today to discuss your or your loved one’s theft by deception charge in New Jersey.

Penalties for New Jersey Theft by Deception Charge

The penalties for the New Jersey charge of theft by deception vary depending on the value of the property that was allegedly obtained by deception. According to the New Jersey Revised Statutes, the possible penalties are:

 

Value of Item/Property

Degree/Severity of Charge

Penalties

Less than $200

Disorderly persons offense (misdemeanor)

punishable by up to 6 months in jail and a fine of up to $1,000

 

$200 to $500

Fourth degree crime

punishable by up to 18 months in prison and a fine of up to $10,000

$500 to $75,000

Third degree crime

punishable by 3 to 5 years in prison and a fine of up to $15,000

Over $75,000

Second degree crime

punishable by 5 to 10 years in prison and a fine of up to $150,000 & presumption of incarceration

However, these are the maximum penalties and the actual sentence may depend on other factors, such as the defendant’s prior criminal record, the circumstances of the offense, and the judge’s discretion. Some defendants may be eligible for probation or other alternative sentences if they have no prior criminal history.

 

Immigration Consequences for Theft by Deception Conviction

 

A conviction for a New Jersey theft by deception charge (2C:20-4) can have consequences if you are not a U.S. Citizen. Here are some points to consider:

  • Theft by deception is a crime involving moral turpitude (CIMT), which means it is a crime that involves dishonesty or fraud. A conviction or guilty plea to a CIMT can make you deportable or inadmissible, depending on your immigration status, the date of the offense, and the sentence imposed.
  • Theft by deception can also be an aggravated felony (AF) if the amount of loss involved is $10,000 or more. An AF conviction can make you deportable and ineligible for most forms of relief from removal, such as cancellation of removal, asylum, or adjustment of status.
  • If you are a green card holder, you may be placed into removal proceedings if you plead guilty to a misdemeanor or felony theft by deception, especially if the crime matches one of the grounds of deportability found in U.S. immigration law. You may also face difficulties in renewing your green card or applying for naturalization.
  • If you are a nonimmigrant visa holder, such as a student, tourist, or worker, you may lose your visa status and be subject to removal if you plead guilty to a theft by deception charge. You may also be barred from re-entering the U.S. or applying for a new visa in the future.
  • If you are an undocumented immigrant, you may be detained and deported if you are arrested for a theft by deception charge. You may also be ineligible for any future immigration benefits, such as DACA, TPS, or U visa.

These are some of the possible consequences for immigration status if convicted of theft by deception charge in New Jersey. Theft by deception is a serious charge that can have long-term consequences, so it is advisable to consult with an experienced criminal defense lawyer if you are facing this charge. Call our office today to discuss your or your loved one’s theft by deception charge.

Defenses for New Jersey Charge of Theft by Deception

There might be defenses available for you or your loved one who is facing a New Jersey charge of theft by deception. Here are some potential defenses that might be available depending on the particular facts of the case:

  • Honest Claim: Claiming property as restitution or indemnification for harm done can serve as an affirmative defense.
  • Lawful Compensation: If the property was obtained as lawful compensation for services, it may mitigate charges.
  • You did not purposely deceive the victim: The prosecution must prove that you had a conscious objective to deceive the victim and obtain their property. If you can show that you acted in good faith, made a mistake, or did not know that your statements were false, you may have a valid defense.
  • The victim did not rely on your statements: The prosecution must also prove that the victim gave you their property because of your deception. If you can show that the victim had other reasons to give you their property, or that they did not trust or believe your statements, you may have a valid defense.
  • You had a legal right to the property: The prosecution must prove that you obtained the property of another person without their consent. If you can show that you had a lawful claim to the property, or that the victim agreed to give you the property, you may have a valid defense.
  • You did not actually obtain property: The prosecution must prove that you obtained property, which is defined as anything of value, including money, goods, services, or data. If you can show that you did not receive anything of value, or that you returned the property to the victim, you may have a valid defense.
  • The value of the property is exaggerated: The penalties for theft by deception depend on the value of the property involved. If you can show that the property was worth less than the amount claimed by the prosecution, you may be able to reduce the severity of the charge or the sentence.
  • Violation of Constitutional Rights: There may be some defenses based on police misconduct, such as violating your constitutional rights during the investigation or arrest. For example, if the police obtained evidence against you by an illegal search or seizure, you may be able to exclude that evidence from the trial under the exclusionary rule. Or, if the police coerced you into making a false confession, you may be able to challenge its admissibility under the Fifth Amendment. However, these defenses are not specific to theft by deception, and they depend on the facts and circumstances of your case.

Please keep in mind that each defense might not be suitable or applicable depending on the facts of the case. If you’d like to discuss possible defenses regarding your theft by deception charge, contact our office today.

Pre-Trial Intervention & Conditional Dismissal

Pretrial intervention (PTI) and conditional dismissal are both diversionary programs that can help eligible defendants avoid a criminal conviction and record for certain offenses in New Jersey. However, they have different eligibility criteria and conditions.

  • PTI is available for indictable offenses (felonies) in the Superior Court, while conditional dismissal is available for disorderly persons offenses (misdemeanors) and petty disorderly persons offenses in the Municipal Court.
  • PTI is generally for first-time offenders, but you may still qualify if you had a previous conditional discharge for certain marijuana-related offenses. Conditional dismissal is only for first-time offenders who have not previously participated in PTI, conditional discharge, or conditional dismissal.
  • PTI requires the consent of the prosecutor and the judge, while conditional dismissal only requires the consent of the judge.
  • PTI can last up to 36 months, while conditional dismissal can last up to 12 months.
  • PTI and conditional dismissal both require the payment of certain fees, penalties, and assessments, as well as compliance with the conditions set by the court, such as counseling, drug testing, community service, or restitution.
  • If you successfully complete PTI or conditional dismissal, the charges against you will be dismissed and you can apply for an expungement of your arrest record after six months. If you fail to complete the program or commit a new offense, the prosecution will resume and you will face the original charges.

These are some of the main differences between PTI and conditional dismissal for a New Jersey charge of theft by deception that I found online. However, you should consult a qualified attorney for your specific case. Contact our office today to discuss your theft by deception charge.

Frequently Asked Questions (FAQs) 
  • Question: Is there a statute of limitations for a theft by deception charge in New Jersey?
    • Answer: In New Jersey, the statute of limitations for theft by deception depends on the specific circumstances of the offense. Generally, theft by deception is considered a continuing offense, and if the scheme involves a promise to pay at a later date, the limitations period does not commence until the day after the payment is due. This means that the clock for the statute of limitations starts ticking after the date when the payment was supposed to be made and was not fulfilled. Typically, with disorderly persons offense the statute of limitations is one year, whereas an indictable offense typically has a five year statute of limitations.
  • Question: Can I charge a contractor with theft by deception in New Jersey?
    • Answer: In New Jersey, you can charge a contractor with theft by deception if it can be proven that the contractor purposely obtained property (such as money) by creating or reinforcing a false impression, preventing someone from acquiring information that would affect their judgment of a transaction, or failing to correct a false impression which they know to be influencing another person.
  • Question: Can I be charged with theft by deception in New Jersey if I returned all payment/proceeds to the alleged victim?
    • Answer: Returning the payment or proceeds to the alleged victim may be a mitigating factor, but it does not automatically negate the possibility of being charged with theft by deception. In New Jersey, the crime of theft by deception is defined under N.J.S.A. 2C:20-4According to the statute, a person is guilty of theft if they purposely obtain property of another by deception. This includes creating or reinforcing a false impression, preventing another from acquiring information which would affect their judgment of a transaction, or failing to correct a false impression which the deceiver knows to be influencing another to whom they stand in a fiduciary or confidential relationship. The key elements that the State must prove beyond a reasonable doubt for a theft by deception charge are:
      1. That the defendant obtained the property of another.
      2. That the defendant purposely obtained the property by deception.
      3. That the victim relied upon the deception in parting with the property.

Premier New Jersey Theft by Deception Lawyer

A New Jersey theft by deception conviction can leave you or your loved one exposed to potential prison time, a hefty fine, community service, and a criminal record. Not to mention, the socio-economic aspects of trying to obtain employment with a conviction on your record. There are many reasons why you might want to choose Brett M Rosen as your criminal defense attorney for your New Jersey charge of theft by deception. Here are some of them:

These are some of the reasons why you might want to choose Brett M Rosen as your criminal defense attorney for your New Jersey charge of theft by deception. 

Contact our office today to discuss your theft by deception charge.