What Is Theft by Deception? - Keith Oliver Criminal Law

Keith Oliver Criminal Law | August 05, 2024 | Theft by Deception

If someone commits a deceptive act to obtain someone else’s property without that person’s permission, they may be charged with theft by deception.

Some examples of theft by deception include false billing, dining and dashing (not paying for a restaurant meal), and selling stolen property to a pawnshop. Theft of services – such as using transportation without paying for it or gaining admission to an exhibition – is also considered theft by deception. In addition, someone can be charged with theft by deception for allegedly perpetrating several types of scams.

If you are facing charges of theft by deception in New Jersey, you have legal rights, but you must exercise them. Working with an experienced New Jersey criminal defense attorney is the best way to seek a favorable outcome in your case.

Contact Keith Oliver Criminal Law for a free and confidential consultation with an experienced attorney to discuss your legal options for fighting theft by deception charges. Our New Jersey criminal defense law firm is ready to stand up for you.

What Is an NJ Theft by Deception Charge?

Theft by deception is a specific type of theft prohibited under New Jersey law regarding the unlawful taking of property through deceit. Specifically, “deception” alleges the defendant has purposely:

Made a statement or taken action to support a false impression
Prevented someone from obtaining information that would impact their decision-making in a deal
Failed to correct a false impression

Here are some examples of actions that could lead to New Jersey theft by deception criminal charges:

False representation – An individual makes false insurance claims to collect benefits under an auto insurance or homeowners’ insurance policy.
Collecting funds for fraudulent charities – Someone sets up a fake charity organization and solicits donations for disaster relief. Individuals obtain money from donors under the guise of helping victims but use the funds for personal gain instead of charitable purposes.
Fake employment opportunities – A person advertises a job opening and requires applicants to pay a fee for training or background checks. After collecting the fees, the “employer” disappears, and no job actually exists.
Rental scams – An individual advertises a property for rent, collecting deposits and the first month’s rent from multiple prospective tenants. The individual, however, does not own the property or have the right to lease it.
Overbilling scams – A contractor deliberately overestimates the materials needed for a job or bills for work that was never performed, deceiving the client into paying more than necessary.

Penalties and Consequences of Theft by Deception in New Jersey

If you are facing a criminal charge for a serious offense, you may wonder, “What is the penalty for theft by deception?” The amount of money allegedly stolen typically determines the severity of the deception offense and potential consequences. Here’s how the crime can be graded based on the value of the property allegedly stolen:

Less than $200 – Disorderly persons offense
$200-$500 – Fourth-degree theft crime
$500-$75,000 – Third-degree theft crime
$75,000 or more – Second-degree theft crime

The following are the potential consequences and penalties for a New Jersey theft by deception charge:

Jail time or prison time – A defendant is subject to a jail or prison sentence for theft by deception based on the degree of the charges. Sentences vary widely. For example, a disorderly person’s offense for a low-level theft may result in up to six months in jail. However, the highest level of theft by deception is a second-degree felony, which carries a prison sentence of up to 10 years.
Probation – A judge can sentence a defendant to probation as an alternative to incarceration. Probation means the convicted individual must follow several conditions set by the judge and enforced by a probation officer. The individual can stay out of jail as long as they satisfy the probation requirements.
Restitution – Restitution is a common consequence of theft due to the nature of the crime. A court may order restitution, meaning the convicted individual must repay any money they illegally obtained.
Fines – The amount of a fine depends on the level of the criminal offense. For a disorderly persons offense, a theft by deception conviction could result in a fine of up to $1,000. For a second-degree crime, fines increase up to $150,000.

Defenses Against Theft by Deception Charges

A prosecutor must prove beyond a reasonable doubt that you committed theft through the means of deception to successfully convict you. What defenses are available to theft by deception charges? With the help of our criminal defense lawyers, you could demonstrate defenses such as these examples:

You did not take the property in question.
You had a reasonable belief that the property was yours.
You did not intend to deceive the alleged victim.
The deception had no effect on the alleged victim.
Your actions would not have deceived a reasonable person.

Steps to Take if Accused of Theft by Deception

Being charged with a crime is a stressful, even frightening experience. Remember to stay calm and preserve any evidence in your possession, such as receipts and communications with the alleged victim. Do not speak to law enforcement without our theft-by-deception lawyers.

Take the following steps to protect your rights:

Retain a Monmouth County theft by deception defense lawyer from Keith Oliver Criminal Law. When facing a deception theft charge, it is crucial to hire a skilled and knowledgeable criminal defense attorney. At Keith Oliver Criminal Law, we have the experience and advocacy skills to pursue your best outcome.

Make a list of potential witnesses. Although your lawyer will conduct a thorough investigation, you can assist them by compiling a list of witnesses who can testify to your whereabouts and actions during the alleged theft.
Cooperate with your attorney. Think of your criminal defense lawyer as your partner throughout the legal process. Be forthcoming with the information you provide and help them help you by being cooperative and transparent. Your communications with them are privileged, and withholding information will only hurt your case.

How Keith Oliver Criminal Law Can Help

At Keith Oliver Criminal Law, we are here to guide you through New Jersey’s criminal justice system. Although past results do not guarantee future success, our track record of getting cases dismissed, charges reduced, and minimum penalties sentenced speaks for itself. For example, our law firm secured the dismissal of theft charges in a Monmouth County case and the expungement of the charges from the individual’s criminal record.

We will swiftly assess your situation, develop customized defense strategies for your case, and fight for the best possible outcome. With an attorney from Keith Oliver Criminal Law on your side, you can be confident you have legal representation with your best interests in mind.

Don’t just take our word for it. Check out what our previous clients have to say about their experiences with our firm. For example, George writes, “Keith Oliver went over and beyond my expectations as my lawyer. Any time I had a question, or needed to get in touch with him he was available. After hiring him I wouldn’t use any other attorney to represent me.”

Contact Our New Jersey Defense Attorneys for Help

Are you facing theft by deception charges in New Jersey? If so, choose a New Jersey criminal defense attorney you can trust. Choose Keith Oliver Criminal Law.