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How can I defend against a theft by deception charge in New Jersey?
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How to Defend Against Theft by Deception Charges in New Jersey
Being charged with theft by deception can be scary. But don’t worry – with the right defense strategy, you can fight the charges. This article will explain what theft by deception is, potential penalties, and most importantly, how to build your defense in New Jersey.
What is Theft by Deception in New Jersey?
Theft by deception is governed by N.J.S.A. 2C:20-4 in New Jersey law. Essentially, it means obtaining someone’s property by purposely deceiving them. Some examples include:
- Filing a false insurance claim
- Padding expense reports
- Lying to get public assistance benefits
- Re-submitting already paid invoices for more money
- Misrepresenting collateral to get a loan
As you can see, theft by deception covers a wide range of fraudulent activities. The key is that the victim relied on your deception and gave you their property as a result.
Penalties for Theft by Deception in New Jersey
The penalties for theft by deception depend on how much the property was worth that you allegedly stole:
- Less than $200 – Disorderly persons offense (misdemeanor)
- $200 to $500 – 4th degree crime
- $500 to $75,000 – 3rd degree crime
- Over $75,000 – 2nd degree crime
As you can see, these charges quickly become felonies as the dollar values rise. A disorderly persons offense may only involve up to 6 months in jail. But a 2nd degree felony can involve up to 10 years in prison. That’s why building your defense is so important.
Defending Against Theft by Deception Charges
The prosecution must prove 3 elements beyond a reasonable doubt:
- You obtained the victim’s property
- You did so by purposely deceiving them
- The victim relied on the deception in giving you their property
Poking holes in any of these elements can help defeat the charges. Here are some strategies New Jersey criminal defense attorneys use:
You Did Not Purposely Deceive the Victim
Under New Jersey law, simply failing to perform a promise is not enough. The prosecution must prove you intended to deceive the victim from the outset.
For example, perhaps you entered into a contract in good faith but ultimately could not deliver. That alone is not theft by deception – you must have planned the deception.
The Victim Did Not Rely on Your Statements
If the victim did not actually rely on your statements, then theft by deception cannot apply. Their reliance is a key element the prosecution must prove.
For example, perhaps you made certain claims that the victim doubted or knew were false. Then they cannot claim they relied on your statements in giving you property.
You Had a Legal Right to the Property
Theft requires taking someone else’s property without consent. But if you had a legal right to the property, it is not theft.
For example, collecting on a valid debt or paycheck you are owed. Even if deceit was involved, you have a right to the property.
You Did Not Actually Obtain Property
The prosecution must prove you obtained property from the victim for theft charges to stick. If you did not receive any property, there was no theft.
For example, if your alleged deception failed or the victim gave you nothing of value.
The Value of the Property is Exaggerated
If the prosecution is exaggerating the value of the property, they may be overcharging you with a higher degree theft offense.
Your attorney can argue the property is worth less than they claim, lowering the penalties if convicted.
Getting Legal Help for Theft by Deception Charges
As you can see, theft by deception cases require deep knowledge of New Jersey laws and criminal defense strategies. An experienced attorney can thoroughly examine the evidence and build defenses around:
- You did not intend to deceive
- The victim did not rely on your statements
- You had a lawful claim to the property
- You did not actually obtain property of value
- The property value is lower than claimed
This can help get your charges reduced or dismissed. If you are under investigation or facing charges for theft by deception in New Jersey, consult with a local criminal defense lawyer right away. They can carefully assess your case and start building your defense strategy immediately.