Theft by Deception

Princeton NJ Theft by Deception Lawyer

With Offices in Trenton and Pennington, New Jersey

One of the most common theft charges in New Jersey is theft by deception. A common example of theft by deception is the solicitation of charitable contributions for a charity that does not actually exist. However, the statute governing this crime is broad enough that many other kinds of thefts or fraudulent activities can be classified as “theft by deception.” For example, even the failure to act or to correct a false impression in certain situations can result in charges that carry significant penalties. Worse yet, NJ prosecutors often seek maximum punishments in these cases because the State of New Jersey is committed to preventing crimes of moral turpitude.

The criminal defense lawyers at Kamensky Cohen & Riechelson have been representing clients in West Windsor, Hightstown, and everywhere else in Mercer County since 1972. We understand how devastating a theft crime conviction can be for you and your family, so our hardworking and dedicated attorneys will do whatever it takes to win your case. Call KCR today to speak with a member of our litigation team and learn about your best legal options.

Theft by Deception Charges in Mercer County

Theft by deception in New Jersey is addressed by N.J.S.A. 2C:20-4. Generally speaking, a person commits theft by deception when they purposely obtain the property of another through dishonesty or omission.

As set forth by the statute, “deception” has a number of different meanings:

  1. You deceive another person when you create or reinforce a false impression, including false impressions about the law, the value of an item, your intentions, or your state of mind.
  2. You deceive another person when you prevent them from acquiring information which would affect their judgment of a transaction.
  3. You deceive another person when you fail to correct a false impression which you previously created or reinforced, or which you know to be influencing a third person with whom the victim has a fiduciary or confidential relationship.

One of the crucial elements that the prosecution must prove in a theft by deception case is that the victim actually relied upon the defendant’s deception when giving money or property to the defendant. Another important element of a theft by deception charge is that the defendant’s deceptive conduct was intentional. If you mistakenly created or reinforced a false impression, you might not have actually committed theft by deception.

Penalties for Theft by Deception in Trenton NJ

The penalties for theft by deception are determined by the value of the property taken:

  • $75,000 or More: Second degree felony, punishable by 5–10 years in NJ State Prison.
  • $500–$75,000: Third degree felony, punishable by 3–5 years in NJ State Prison.
  • $200–$500: Fourth degree felony, punishable by up to 18 months in NJ State Prison.
  • Less than $200: Disorderly persons offense, punishable by up to 6 months in county jail.

If you are convicted of second degree theft by deception, there will be a presumption of incarceration. This means that you will almost certainly be looking at prison time.

Additionally, depending upon the circumstances, the prosecution may be able to aggregate the amounts of different thefts. If this happens, you could be subject to elevated charges and enhanced penalties.

Contact East Windsor Theft NJ by Deception Attorneys

Kamensky Cohen & Riechelson is prepared to assist you with your theft by deception case and help you avoid the most serious consequences of a theft crime conviction. Call us now to discuss your charges over the phone, or email us to schedule a free consultation at our Pennington or Trenton offices.

Contact Kamensky Cohen & Riechelson

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