Theft by Deception

Getting charged with theft can be scary. But what exactly is “theft by deception”? And how can you defend yourself if accused? Let’s break it down.

What is Theft by Deception?

Theft by deception is when someone lies or intentionally misleads another person to gain control over their property. It’s sometimes called “larceny by trick” or “obtaining property by false pretenses.”

The key is that the thief uses deception to deprive the victim of their property rights. They trick the victim into handing over property that they normally wouldn’t.

Some examples:

• Pretending to be a charity worker to collect donations that you pocket
• Lying about your identity to rent a car that you never return
• Writing a bad check to receive goods you don’t pay for

Unlike regular theft, the victim voluntarily gives up their property in these scams. But it’s still illegal because of the deception involved.

Theft by deception is usually charged as a felony, carrying hefty fines and multi-year prison sentences. The exact laws vary by state. But in general it involves:

• Intentionally deceiving someone
• To gain control over their property
• That you wouldn’t get otherwise

There also has to be real loss or damage as a result, not just an attempted scam.

Proving Theft by Deception

For this charge to stick, prosecutors have to prove a few key elements:

Knowingly Using Deception

First, they must show the accused knowingly deceived the victim. This means willful, purposeful lying or trickery.

If you make an honest mistake or there’s just a misunderstanding, it’s not theft by deception.

Intent to Deprive the Victim

Prosecutors also have to establish intent. The deception must be aimed at gaining property that you have no right to. You can’t accidentally stumble into theft by deception.

Actual Loss or Damage

Finally, the victim has to suffer real loss or damage due to the deception. If you lie but the victim realizes it’s a scam, you’ve attempted theft but haven’t completed it.

The exact value lost usually determines whether it’s a felony or misdemeanor.

Common Defenses Against Theft by Deception

Fighting a theft by deception charge starts with undermining the prosecution’s case. Some common defenses include:

You Didn’t Lie

One defense is that you didn’t actually lie or deceive the victim. Maybe you made a promise in good faith you ultimately couldn’t keep. But if you were upfront and honest, it’s not deception.

No Criminal Intent

You can also argue there was no criminal intent. Perhaps you were confused or made a foolish decision. But you didn’t purposefully trick the victim or intend to deprive them.

No Actual Harm Occurred

It’s also a defense that the supposed victim wasn’t ultimately harmed. If they got their property back or didn’t lose money, there may have been a failed scam but no theft.

Entrapment

In some cases, you may have been illegally entrapped by police into committing deception. This is trickier to prove but could invalidate the charges.

Duress or Coercion

If you can show you were forced or coerced into deceiving the victim by threats of violence, that could excuse your actions.

Mental Defect

Lastly, if you can demonstrate you lack the mental capacity to understand your actions or their consequences, this may defeat the charges.

What to Do If Charged with Theft by Deception

If you’re accused of theft by deception, don’t panic. And definitely don’t try to talk your way out of it with police. You have options.

The best step is to exercise your right to remain silent until you can speak to a criminal defense lawyer. They can evaluate your case and advise the best defense.

An experienced attorney can often get charges reduced or dismissed by picking apart the prosecution’s deception claims. They may also be able to negotiate an alternative resolution like restitution or probation in place of jail time.

The Takeaway

Theft by deception laws are broad, but prosecutors must prove intent to scam, actual lies, and real economic harm. With an attorney’s help, you may be able to challenge insufficient evidence and avoid a conviction.

If you’ve been accused, take it seriously but know there are options. The right defense can make all the difference.