Most theft is straightforward; property or assets are taken without permission resulting in a crime. Theft by deception is a little more interesting and trickier, keep reading to learn more. 

Theft by Deception 

Theft by deception at its core is just like any other theft: it entails taking someone else’s property, goods, or services on purpose without paying for them. However, theft by deception involves tricking, or lying, to an individual in order to steal from them. Penalties for this type of theft vary by state but can include fines and jail time. 

In New Jersey

New Jersey’s Theft by Deception Law is contained at N.J.S.A. 2C:20-4 and states that a person is guilty of theft if he obtains property by purposely deceiving another. The word “deceives” under New Jersey law means:

• You’ve created or reinforced a false impression. That false impression could be telling someone you lawfully own something when you don’t, undervaluing something you are trying to buy, promising to pay for something at a later date and then not paying, or even saying you’re collecting funds for charity when you are intending to keep the funds for yourself.

• You’ve prevented someone else from acquiring information which would change the terms of, or their decision about, a purchase agreement. 

• You’ve failed to correct a false impression created by another person in order to obtain property or goods. 

Theft by deception can only be charged if there is a monetary gain to be had. Also, exaggerated statements or “puffing” usually does not result in a crime of theft by deception. An example of puffery would be a used car salesman telling you he has the best vehicles at the lowest prices in town–if you believe his opinion and it turns out to be untrue, it is not theft by deception. 

Examples of Theft by Deception 

Theft by deception can take many forms in our society. Some of the most common examples include: 

Online scams: Phishing scams trick victims into revealing important information which can be used to commit identity theft for financial gain. 

False advertising: Businesses may give a false impression or misrepresent products or services to entice customers. This deception can lead to financial losses for unsuspecting customers. 

Fraudulent credit card use: Giving false impressions of ownership by using stolen or forged credit cards. 

Rental fraud: Posing as a rental agent or landlord in order to collect rent payments or deposits for unavailable units. 

Some other forms of theft by deception include selling counterfeit goods as genuine, faking injuries for insurance payouts, overcharging for services not rendered, and creating fake charities to collect funds. There are also elements that if included with the theft by deception increase the severity of the crime. These elements include committing the theft against an elderly or disabled person, or committing the theft against someone who is disabled or elderly that you have a personal relationship with. 

Prosecuting Theft by Deception in New Jersey 

Being convicted of theft by deception in New Jersey has serious consequences. Hefty fines, restitution, jail time, community service, and a lifelong criminal record are all penalties you could incur. If you have been accused of theft by deception, it is imperative that you seek the assistance of an experienced criminal defense attorney. 

Although the burden of proof rests on the prosecutor to prove beyond a reasonable doubt that theft by deception has occurred, this charge should not be taken lightly. The value of the property, goods, or services obtained through theft by deception determines the sentence given for the crime. 

Possible Penalties for a Conviction of Theft by Deception in New Jersey 

Value of the item/property less than $200= Disorderly persons offense, and up to 6 months in jail and a fine up to $1000. 

Value of item/property $200-$500= Fourth degree crime punishable by up to 18 months in prison and a fine of up to $10,000. 

Value of item/property $500-$75,000=Third degree crime punishable by 3 to 5 years in prison and a fine of up to $15,000. 

Value of item/property over $75,000=Second degree crime punishable by 5 to 10 years in prison and a fine of up to $150,000. 

These are maximum penalties, and upon conviction, other factors will be considered. A previous criminal record, or the lack of one will make a difference in sentencing. Probation may be possible if this is a first offense and the value of the item or property is low. 

Having a skilled criminal defense attorney on your side when facing theft by deception charges is important to protecting your rights and reaching a solution that is in your best interest. 

Reach out to the legal team at the Law Offices of Robert J. DeGroot if you or someone you know if facing theft by deception charges!