Theft can occur in many ways; one of them is through an act of deception, and if you are currently accused of this form of theft, you should hire a Mercer County theft by deception lawyer at once. Our firm can help shield you from the negative impacts of a theft by deception conviction. Contact the Law Office of Douglass Herring today.
Why You Need a Mercer County Theft by Deception Defense Lawyer
Depending on the value of goods or services stolen through deception, you could face anywhere from months to years of incarceration, high fines, and more. This is why you cannot afford to proceed without a seasoned Mercer County criminal defense lawyer.
What Is Theft by Deception?
In New Jersey, Theft by Deception is defined in New Jersey Statute 2C:20-4. This is a crime that says a person is guilty of theft if the person purposely obtains the property of another by deception. Depending on the circumstances, a person could be charged with additional forms of theft, including Theft by Unlawful Taking – N.J.S.A. 2C:20-3, Receiving Stolen Property – N.J.S.A. 2C:20-7, Burglary – N.J.S.A. 2C:18-2.
Proving a Case of Theft by Deception
Deception means purposely creating or reinforcing a false impression, including false impressions about the value, intention or other important facts. In addition to providing false information, a person can use deception if the person prevents another from acquiring important information. However, the person must know that the information is false in order to be committing a deception.
In addition, the law places additional requirements on a person in a fiduciary relationship, such as an executor of a will, guardian, trustee, conservator, or anyone acting in a similar capacity. A person with a fiduciary relationship commits a deception if the person purposely fails to correct a false impression.
Finally, the law requires that the victim must have relied upon that deception and actually parted with the property. Property is anything of value, including personal property, trade secrets, contract rights, chooses in action and other interests in or claims to wealth, admission or transportation tickets, captured or domestic animals, food and drink, electric, gas, steam, or other power, financial instruments, information, data, and computer software. Whatever the property, the deception must be the reason the person gave the property.
Law Enforcement often charges this crime when the person who parted with the property complains that you tricked them. In order for the prosecution to convict you of Theft by Deception, they must prove the following elements:
- That you obtained the property of another;
- That you purposely obtained the property by deception; and
- That the victim relied upon the deception in parting with the property.
Contact Us Today!
If you’ve been charged with theft by deception, you need an experienced legal team that can fight for your rights at every turn. Contact the Law Office of Douglas Herring today to schedule your free initial consultation with our legal team.