Morristown Theft by Deception Lawyers

Criminal Defense Attorneys in Morris County, New Jersey

Theft by Deception N.J.S.A. 2C:20-4

Theft by deception is a serious crime in New Jersey and it typically occurs when a person uses trickery or fraud to obtain goods or services. Since prosecutors often interpret the theft statute very broadly, you could be charged with theft by deception under a variety of circumstances, exposing you to possible prison time, fines, and a permanent criminal record.

The Tormey Law Firm is a talented group of criminal defense lawyers who have extensive experience representing clients charged with theft and fraud offenses, including theft by deception, forgery, credit card fraud, and prescription fraud throughout Morris County and New Jersey, including in Dover, Mount Olive, Parsippany, Denville, Rockaway, and Morristown. Our managing partner, Travis J. Tormey, was featured in the Daily Record in Morris County regarding several shoplifting cases he handled.

If you or a loved one has been charged with theft by deception in Morris County or elsewhere in New Jersey, do not hesitate to call the Tormey Law Firm in Morristown anytime at 866-949-6948 for a free consultation about your theft case.

Theft by Deception in New Jersey: 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:

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.

Grading of Theft by Deception Charges

A person is guilty of theft by deception if he or she obtains the property of another person through purposeful deception.

The penalties for theft by deception in New Jersey vary, depending on the value of the property and/or pecuniary gain by the defendant:

• Second Degree: $75,000 or more; punishable by five (5) to 10 years in NJ State Prison.
• Third Degree: Amount between $500 and $75,000; punishable by three (3) to five (5) years in state prison.
• Fourth Degree: Amount between $200 and $500; punishable by up to 18 months in state prison.
• Disorderly Persons Offense: Amount less than $200; punishable by up to six (6) months in the county jail.

So, if your theft charges are dealing with $200 or less, the case will be handled in the local municipal court in which you are charged as a disorderly persons offense (misdemeanor). However, anything over $200 will be graded as an indictable (felony) charge and will be transferred to the Superior Court where the Morris County Prosecutor’s office will handle the case. They will review the charges and decide whether or not they will downgrade (remand) them back to Municipal court as a disorderly persons (misdemeanor) charge or they will present the case to the grand jury for an indictment. Many times if the theft is alleged to be around $1000 or less, they will downgrade the case back to municipal court (even though technically the amount of the theft is a felony under the law).

Pre-Indictment Conference Morris County Superior Court

Prior to presenting the case to the grand jury for an indictment, they will usually list the matter for a pre-indictment conference in court with the prosecutor, the Judge, and the defendant (and his or her attorney) to see if the case can be resolved. The State will provide all of the discovery which is the evidence they possess and intend to rely upon to attempt to prove the theft by deception charges beyond a reasonable doubt. They will also provide an initial plea offer which is usually their best offer. The defendant can accept the offer, make a counter offer, or reject the offer. If the offer is rejected, the case will proceed to the grand jury and then the defendant (if indicted) will receive a higher plea offer at his or her arraignment, post indictment.

If the defendant is a first time offender, he or she can also apply for the Pre-Trial Intervention (PTI) program. However, on a second degree theft by deception charge, the defendant is only allowed to apply for PTI if they receive consent from the State first.

Contact a Mount Olive Theft by Deception Lawyer for Immediate Assistance

Due to the fact that theft by deception carries with it serious consequences, it is imperative that you contact an experienced criminal defense attorney to combat the charges and defend your innocence. The skilled Morris County theft defense lawyers at the Tormey Law Firm have helped countless clients beat their theft charges in NJ courtrooms. Additionally, since our criminal defense team includes an former prosecutor, we know how the other side thinks in these cases.

We are always prepared to fight each and every element of a theft by deception charge. For instance, we may be able to prove that you did not intend to deceive the alleged victim in your case, which could allow us to get the charges against you downgraded or dismissed entirely. If you or a loved one has been charged with theft by deception or another theft offense in Morris County, NJ, contact the Tormey Law Firm anytime at 866-949-6948 for a free consultation.