New Jersey Deception Law

We represent clients charged with N.J.S.A. 2C:20-4; New Jersey criminal theft by deception complaints and indictments filed in Middlesex County, Monmouth County, Mercer County, Somerset County, Essex County, Union County, and Hudson County.

Obtaining the property is an element of the offense.

There must be a transfer or purported transfer of the property.

With reference to labor or services there must be a securing of the labor or services.

If the victim does not turn over the property in reliance on any misrepresentation, the defendant is not guilty of theft.

The state must prove that defendant acted with a purpose to deceive the possessor of the property in order to induce him to part with the property.

There must be proof of a purpose to deceive.

Theft by deceiving may occur by a number of means.

Defendant can either create or reinforce a false impression as to the law, value, intention or other state of mind.

False impression can be created or reinforced even by non verbal behavior.

In order to obtain a conviction the state must prove that the defendant knew that the impression that she created or reinforced was false.

Certain matters are not considered "deceiving" such as exaggeration or falsity about matters that have no financial significance.

In addition, taking advantage of another person's mistake is not a criminal offense.

However, a person deceives if he prevents another from acquiring information which affects his judgment of a transaction.

The state must prove three material elements in order to obtain a conviction for theft by deceiving.

First, that the defendant obtained the property of another.

Second, that the defendant obtained it by deception.

One may deceive in one of three ways:

Creating or reinforcing a false impression Or preventing the other from acquiring information which affected his judgment Or failing to correct the false impression in those limited instances where he had that duty.

Third, the state must prove that defendant purposely deceived someone in order to obtain the property.

It is not defense that a reasonable person would not have been misled because the weak minded are also protected by the law.

If you have any questions for a NJ criminal defense attorney about a New Jersey Criminal theft by deception charge, please do not hesitate to contact us.