Elizabeth, NJ Theft By Deception Attorney

Theft by deception, also known as fraud, is a serious offense in Elizabeth, New Jersey, with potentially severe consequences. If you or someone you know has been accused of this crime, seeking skilled legal counsel is crucial. At the Law Offices of Brett M. Rosen, Esq., we have a deep understanding of New Jersey’s theft laws and a proven track record of defending clients against theft by deception charges. Secure your defense with Brett M. Rosen, a seasoned attorney with a proven track record. With years of experience, Rosen’s expertise in criminal litigation and high client satisfaction rates make him a formidable ally in your legal battle. His strategic legal approaches and exceptional trial skills have consistently delivered favorable outcomes, earning him the title of Super Lawyers Rising Star. Don’t risk your future; choose Brett M. Rosen for a defense that’s as dedicated and effective as it is personalized to your case.

Call him today for a free and confidential consultation at 908-312-0368 or email him at brett@nynjcriminalcivilesq.com. 

What is Theft by Deception in Elizabeth, NJ?

Under New Jersey law, theft by deception (NJSA 2C:20-4) occurs when a person purposely obtains property or services of another by creating a false impression, promising performance that they do not intend to carry out, or knowingly failing to correct a false impression. This can include a wide range of actions, such as:

• Misrepresenting the quality or value of goods or services
• Using false pretenses to obtain money or property
• Writing bad checks
• Engaging in fraudulent investment schemes

It is the Union County Prosecutor’s Office’s burden to prove the defendant guilty of all elements beyond a reasonable doubt. The prosecutor must prove the following elements:

1. That defendant obtained the property of another;
2. That defendant purposely obtained the property by deception; and
3. That the victim relied upon the deception in parting with the property.

If the prosecutor fails to prove just one element beyond a reasonable doubt, then the defendant must be found not guilty of theft by deception. 

Penalties for Theft by Deception

The penalties for theft by deception vary depending on the value of the property or services obtained:

• Less than $200: Disorderly persons offense, punishable by up to 6 months in jail and fines of up to $1,000.
• $200 to $500: Fourth-degree crime, punishable by up to 18 months in prison and fines of up to $10,000.
• $500 to $75,000: Third-degree crime, punishable by up to 5 years in prison and fines of up to $15,000.
• Over $75,000: Second-degree crime, punishable by up to 10 years in prison and fines of up to $150,000.

In addition to jail time and fines, a conviction for theft by deception can have lasting consequences, including damage to your reputation, difficulty finding employment, and potential civil lawsuits.

Defending Against Theft by Deception Charges in Elizabeth, NJ: Strategies & Possibilities

Facing theft by deception charges in Elizabeth, New Jersey, is a serious matter with potential consequences that can significantly impact your life. It’s crucial to understand that there are potential defenses available. A skilled criminal defense attorney can explore various legal strategies to challenge the prosecution’s case and protect your rights.

Key Defenses to Theft by Deception Charges

1. Lack of Intent:

• The prosecution must prove beyond a reasonable doubt that you intentionally deceived someone to obtain their property or services.
• Your attorney can argue:
  • You genuinely believed you had a right to the property or services
  • There was a misunderstanding or miscommunication
  • You lacked the specific intent to deceive

2. Insufficient Evidence:

• The prosecution’s case relies on proving deception occurred. Your attorney can challenge the evidence if it’s weak, circumstantial, or lacks credibility. This could include:
  • Exposing inconsistencies or bias in witness statements.
  • Questioning the validity of any contracts or agreements.
  • Highlighting any gaps or flaws in the prosecution’s case.

3. No Deception Occurred:

• If you can demonstrate that you didn’t engage in any deceptive practices or make any false representations, this can be a strong defense.
• This may involve showing that the alleged victim was fully aware of the facts and circumstances surrounding the transaction.

4. Good Faith Belief in Entitlement:

• If you genuinely believed you were entitled to the property or services, even if that belief was mistaken, it could serve as a defense.
• This defense focuses on your subjective belief at the time of the alleged offense.

5. Lack of Value or Loss:

• The prosecution must prove that the victim suffered a loss or that you gained something of value through deception.
• If the value of the property or services is negligible or disputed, this could weaken the prosecution’s case.

6. Other Potential Defenses:

• Depending on the circumstances, other defenses may be applicable, such as:
  • Entrapment: If law enforcement induced or coerced you into committing the offense.
  • Mental Incapacity: If you have a mental health condition that impaired your judgment or understanding of the situation.

Important Considerations:

• The specific defense strategy employed will depend heavily on the unique facts and evidence of your case.
• It’s important to consult with an experienced criminal defense attorney as soon as possible to assess your situation, explore potential defenses, and develop the best possible legal strategy.

If you or someone you know is facing theft by deception charges in Elizabeth, NJ, don’t hesitate to seek legal representation. Contact Brett M. Rosen, Esq. today for a free and confidential consultation to discuss your case and explore your options.

FAQs About Theft by Deception Charges in Elizabeth, NJ

Q: What is the difference between theft by deception and simple theft?

A: Simple theft involves taking property without the owner’s consent, while theft by deception involves obtaining property through fraudulent or deceptive means.

Q: Can I be charged with theft by deception even if I didn’t personally benefit from the deception?

A: Yes, you can be charged even if you were acting on behalf of someone else or if the deception benefited a third party.

Q: What are the consequences of a theft by deception conviction?

A: The penalties vary depending on the value of the property or services obtained. They can range from fines and probation to several years in prison.

Q: How does the value of the property or services affect the charges?

A: The higher the value, the more serious the charge and potential penalties. Amounts under $200 are disorderly persons offenses, while amounts over $75,000 are second-degree crimes.

Q: What should I do if I’m accused of theft by deception?

A: Contact an experienced criminal defense attorney immediately. Do not speak to the police or anyone else about the case without legal counsel.

Q: Can a theft by deception charge be expunged from my record?

A: It may be possible to expunge a theft by deception charge after a certain period of time, but the eligibility requirements are complex. An attorney can advise you on the process.

Q: What are some common defenses to theft by deception?

A: Common defenses include lack of intent to deceive, no reliance on deception, authorized use of property, insufficient evidence, and mistake of fact.

Q: How can an attorney help me fight a theft by deception charge?

A: An attorney can investigate the facts of your case, challenge the evidence against you, negotiate with the prosecutor, and present the strongest possible defense in court.

Additional FAQs about Theft by Deception Charges in Elizabeth, NJ

1. What specific types of deceptive practices are considered theft by deception in Elizabeth, NJ?

Theft by deception in New Jersey encompasses a broad range of deceptive practices aimed at unlawfully obtaining property or services. Some examples include:

• False Pretenses: Making false statements or promises to induce someone to part with their property or money. For instance, selling a counterfeit product as genuine, promising services you never intend to deliver, or lying about your identity to gain access to someone’s finances.
• False Promises: Making promises regarding the future with no intention of fulfilling them, in order to obtain something of value. An example would be promising to invest someone’s money with guaranteed high returns, but then using the money for personal gain.
• Concealment or Misrepresentation: Hiding or distorting the truth about a significant fact that would affect someone’s decision to give you their property or services. This could involve concealing defects in a product you’re selling, misrepresenting your qualifications or experience, or providing false information on a loan application.
• Embezzlement: Misappropriating funds or property entrusted to you by another person or entity. This commonly occurs in employment situations where an employee steals money or goods from their employer.
• Fraudulent Checks or Credit Card Use: Using stolen or counterfeit checks or credit cards, or engaging in other forms of financial fraud to obtain goods or services.

2. Can I be charged with theft by deception if I didn’t directly receive the property or services?

• Yes, you can be charged with theft by deception even if you didn’t personally benefit from the deception. If you assisted or facilitated the deceptive act, knowing that it was intended to deprive someone of their property or services, you could still face charges as an accomplice or co-conspirator.

3. How does New Jersey law define “deception” in the context of theft by deception?

• In New Jersey, deception is defined as purposely:
  • Creating or reinforcing a false impression, including false impressions as to law, value, intention, or other state of mind.   
     
  • Preventing another from acquiring information pertinent to the disposition of the property involved.   
     
  • Failing to correct a false impression which the deceiver previously created or reinforced.
  • Failing to disclose a known lien, adverse claim, or other legal impediment to the enjoyment of property which the deceiver transfers or encumbers in consideration for the property obtained, whether such impediment is or is not valid, or is or is not a matter of official record.   
     

     

4. What are the potential immigration consequences of a theft by deception conviction in Elizabeth, NJ?

• A theft by deception conviction, even for a seemingly minor offense, can have serious immigration consequences for non-U.S. citizens. This can include deportation, denial of naturalization, or ineligibility for certain immigration benefits. If you’re facing theft by deception charges and are not a U.S. citizen, it’s crucial to consult with an attorney who understands both criminal defense and immigration law.

5. What should I expect at my first court appearance for a theft by deception charge in Elizabeth, NJ?

• Your first court appearance is typically an arraignment, where you’ll be formally charged and informed of your rights. You’ll have the opportunity to enter a plea. The judge may also address bail or other conditions of release, considering factors like the severity of the charge and your flight risk.

6. How can I protect myself from being falsely accused of theft by deception?

• Be cautious when engaging in financial transactions or providing personal information.
• Document all agreements and transactions in writing.
• Avoid making promises or representations that you cannot fulfill.
• If you’re accused of theft by deception, contact an attorney immediately and do not speak to the police or anyone else about the case without legal counsel present.

7. What are the potential long-term consequences of a theft by deception conviction on my record?

• A theft by deception conviction can have lasting consequences, affecting your ability to:

  • Obtain employment, particularly in positions requiring trust or financial responsibility
  • Secure housing or loans
  • Obtain professional licenses or certifications
  • Travel internationally

• It can also damage your reputation and relationships.

8. Are there any diversionary programs available for first-time offenders charged with theft by deception in NJ?

• In some cases, first-time offenders charged with theft by deception may be eligible for Pretrial Intervention (PTI), a diversionary program that allows you to avoid a conviction and have the charges dismissed upon successful completion.

9. What if I was charged with theft by deception for a relatively small amount of money?

• Even if the amount involved is relatively small, a theft by deception conviction can still have serious consequences. However, an attorney may be able to negotiate a plea bargain for a lesser charge or explore alternative sentencing options, such as community service or restitution.

Remember: This information is for general informational purposes only and should not be taken as legal advice. If you’re facing theft by deception charges, consult with an experienced attorney like Brett M. Rosen, Esq., to discuss your specific situation and legal options.

Why Choose Brett M. Rosen, Esq. for Your Theft by Deception Case in Elizabeth, NJ

Don’t Let a Theft by Deception Charge Define Your Future

If you are facing a theft by deception charge in Elizabeth, NJ, time is of the essence. Contact Brett M. Rosen, Esq. today for a free consultation to discuss your case and learn how we can help you defend your rights and protect your future.

908-312-0368

brett@nynjcriminalcivilesq.com