Theft by Deception
Fair Lawn NJ Theft Defense Lawyers
With Offices in Paramus and Morristown, New Jersey
Theft by deception is a serious criminal charge in New Jersey that will be graded based on the amount of the alleged theft. It can be a felony or a misdemeanor depending on the amount of the alleged theft that was committed. Regardless, a defendant charged with theft by deception in Bergen County NJ is facing fines, jail time, probation, and a permanent criminal charge on their record if convicted of the offense.
Travis J. Tormey is a skilled criminal defense lawyer who has years of experience representing clients charged with theft and fraud offenses, including credit card fraud, burglary, and criminal mischief in Lodi, Lyndhurst, and Palisades Interstate Park. In fact, Mr. Tormey was featured in the Daily Record in Morris County regarding several shoplifting cases he handled and the immigration consequences and penalties involved. If you or a loved one has been charged with a criminal offense in New Jersey, contact Mr. Tormey anytime at (201)-330-4979 for immediate assistance. This consultation is provided free of charge.
Theft by Deception: N.J.S.A. 2C:20-4
In New Jersey, N.J.S.A. 2C:20-4 governs theft by deception charges and provides, in pertinent part:
§ 2C:20-4. Theft by Deception
A person is guilty of theft if he purposely obtains property of another by deception. A person deceives if he purposely:
a. Creates or reinforces a false impression, including false impressions as to law, value, intention or other state of mind, and including, but not limited to, a false impression that the person is soliciting or collecting funds for a charitable purpose; but deception as to a person’s intention to perform a promise shall not be inferred from the fact alone that he did not subsequently perform the promise;
b. Prevents another from acquiring information which would affect his judgment of a transaction; or
c. Fails to correct a false impression which the deceiver previously created or reinforced, or which the deceiver knows to be influencing another to whom he stands in a fiduciary or confidential relationship.
Theft by deception requires obtaining the property of another by deception or fraud and keeping that property as your own.
Grading of Theft by Deception Charges in New Jersey
Theft by deception can be graded as a felony or a misdemeanor in NJ depending on the amount of the alleged theft. Theft by deception offenses in New Jersey are graded as follows:
- Second Degree: $75,000.00 or more (punishable by five (5) to ten (10) years in state prison)
- Third Degree: Amount between $500.00 and $75,000.00 (punishable by three (3) to five (5) years in state prison)
- Fourth Degree: Amount between $200.00 and $500.00 (punishable by up to 18 months in state prison)
- Disorderly Persons Offense: Amount less than $200.00 (punishable by up to six (6) months in the county jail)
Thus, anything less than $200 will be graded as a disorderly persons (misdemeanor) charge and will be handled in the local Municipal Court. Anything over $200 will be graded as a felony charge and prosecuted in the Superior Court by the County Prosecutor’s office. If this is a first time offense, the defendant may be eligible for diversion programs such as Pre-Trial Intervention (PTI) or a conditional dismissal.
Theft By Deception Charges in Bergen County NJ? Contact the Tormey Law Firm Today
If you or a loved one has been charged with theft by deception or another criminal offense in New Jersey, contact our Hackensack office anytime at (201)-330-4979 for a free consultation.