Manalapan NJ Theft by Deception Lawyers
The criminal defense trial attorneys at Marshall, Bonus, Proetta & Oliver routinely represent clients charged with theft by deception in courts throughout Monmouth County. Whether the offense stems from prescription drugs, failure to return a deposit, disability benefits or any other scenario, our former prosecutors have the skills you need for success. We have been handling fraud and theft offenses like yours for over 100 years between us and are prepared to do what it takes to insure you avoid a conviction for theft by deception at the Monmouth County Superior Court in Freehold NJ. This is the only place that a theft by deception charge filed in Manalapan, Deal, Brielle, Spring Lake, Millstone or another municipality can be heard as this is the court with authority to decide second, third and fourth degree criminal cases. Our team of lawyers has been defending a wide range of criminal offenses in this court for decades now. To speak to an attorney with the knowledge you need, call our Red Bank Office or Freehold Office today for a no-cost initial consultation.
Theft by Deception Offense in Monmouth County
As previously stated, the New Jersey Theft by Deception law is set forth at N.J.S.A. 2C:20-4. This statute provides, in pertinent part, that:
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.
The Law Explained & Grading the Offenses. There are three (3) elements that must be established to obtain a conviction for theft by deception in Englishtown or another municipality. First, the defendant must have obtained the property of another. Second, the property must have been acquired by deception. Third, the deception must be purposeful. In terms of grading, theft by deception may be a second degree, third degree or fourth degree crime, depending on the dollar amount involved. If the theft involves $200 to $500, the offense is a fourth degree. Theft of $500 to $75,000 is a third degree offense. A theft of over $75,000 is a second degree.
Jail Exposure. Since all theft by deception charges are indictable offenses, they involve state prison exposure. A second degree involves jail of five (5) to ten (10) years. A third degree carries jail of up to five (5) years. A fourth degree triggers jail of up to eighteen (18) months. In addition, an individual convicted for a Wall NJ theft by deception or violation in another town is subject to a find of up to $150,000 for a second degree, $15,000 for a third degree and $10,000 for a fourth degree.
Other Issues. If you have been charged with theft by deception and the theft was from the government or a public school, it is likely that you will also be charged with official misconduct charges. Another important issue with theft of deception involves the prosecutor’s ability to aggregate or add theft amounts together and use the total to establish the degree of crime in an indictment.
Howell Theft by Deception Attorney
Cases involving a charge of theft by deception often tend to be tricky. A main reason is because proving the offense hinges on establishing that the accused possessed an intent to defraud or deceive. In many instances, no such ill intention exists yet a criminal violation is filed under N.J.S.A. 2C:20-4. A typically example is where a transaction entered into in good faith later goes bad and one party attempts to make it a crime when it truly is nothing more than a civil wrong. If you were charged directly by the Monmouth County Prosecutor’s Office or by a local police department like the one in Eatontown, Wall, Marlboro, Ocean Township, Tinton Falls, you need representation by a theft by deception attorney who knows how to effectively defend this offense. The lawyers at Marshall, Bonus, Proetta & Oliver have the tools that you need in this regard and are ready to help you. Call us 24/7 for a free consultation at 732-450-8300 or 732-462-1197.