Hawthorne NJ Theft by Deception Lawyer
Criminal Defense Attorney in Passaic County, New Jersey
Being charged with the crime of Theft by Deception is associated with a term of incarceration and a number of collateral consequences, including a requirement that you pay restitution to the alleged victim for his/her loss. Having an aggressive, experienced defense lawyer to guide you through the legal process is invaluable.
Criminal defense attorney Alissa D. Hascup represents clients throughout New Jersey, including Passaic, Paterson, Clifton, and Wayne who have been charged with theft & fraud offenses such as theft by deception, receiving stolen property, theft of services, and shoplifting. She is prepared to attack the State’s case, positioning you to achieve the best possible result.
She has successfully handled countless cases in New Jersey, in Superior Court (indictable/felony level offenses) and Municipal Court (disorderly persons/misdemeanor level offenses). She is a former domestic violence prosecutor and special deputy attorney general. During the course of her career with the Morris County Prosecutor’s Office, she handled cases ranging from Homicide (murder) and aggravated assault to robbery and weapons offenses. Now she is fighting for you. Contact her office anytime for an initial consultation, which is always provided free of charge.
Theft by Deception in New Jersey: N.J.S.A. 2C:20-4
N.J.S.A. 2C:20-4 sets forth:
A person is guilty of theft if he purposely obtains property of another by deception. A person deceives if he purposely:
a. Creates or reinforces a false impression, including false impressions as to law, value, intention or other state of mind, and including, but not limited to, a false impression that the person is soliciting or collecting funds for a charitable purpose; but deception as to a person’s intention to perform a promise shall not be inferred from the fact alone that he did not subsequently perform the promise;
b. Prevents another from acquiring information which would affect his judgment of a transaction; or
c. Fails to correct a false impression which the deceiver previously created or reinforced, or which the deceiver knows to be influencing another to whom he stands in a fiduciary or confidential relationship.
NOTE: The term “deceive” does not, however, include falsity as to matters having no pecuniary significance, or puffing or exaggeration by statements unlikely to deceive ordinary persons in the group addressed.
Grading (Degree) of Theft by Deception Crimes in New Jersey:
Theft by Deception constitutes a crime of the Second Degree (punishable by a term of incarceration between 5 and 10 years in New Jersey State Prison) if:
- The amount involved is $75,000 or more;
- The property is taken by extortion; or
- The property stolen is a controlled dangerous substance (“CDS”) and the quantity is in excess of one kilogram.
Theft by Deception constitutes a crime of the Third Degree (punishable by a term of incarceration between 3 and 5 years in New Jersey State Prison) if:
- The amount involved exceeds $500 but is less than $75,000;
- The property stolen is a firearm, motor vehicle, vessel, boat, horse, domestic companion animal or airplane;
- The property stolen is a CDS and the amount involved is less than $75,000 or is undetermined and the quantity is one kilogram or less;
- It is from the person of the victim; or
- The property stolen is a New Jersey Prescription Blank.
Theft by Deception constitutes a crime of the Fourth Degree (punishable by a term of incarceration up to 18 months in New Jersey State Prison if):
The amount involved is at least $200 by does not exceed $500.
Otherwise, Theft by Deception constitutes a disorderly persons offense (punishable by a term of incarceration up to 6 months in the county jail).
Contact a Clifton NJ Theft by Deception Defense Lawyer Today
The consequences of a Theft by Deception conviction can be serious. Hire experienced legal representation to protect your freedom and your rights. Alissa D. Hascup is available anytime to speak with you regarding your case. Contact her now for a free consultation about your charges.