Theft by Deception in New Jersey

N.J.S.A. 2C:20-4 · Fraud & White Collar Offenses

What the law says

A person commits theft by deception when they purposely obtain another person’s property by deception. Deception includes creating or reinforcing a false impression, preventing someone from acquiring information that would affect their judgment of a transaction, or failing to correct certain false impressions.

Where this case is heard depends on how it's charged. We'll review your complaint and explain exactly which court you're in and what you face.

What the State must prove

To convict, the prosecutor must prove each element beyond a reasonable doubt. Under N.J.S.A. 2C:20-4, that means:

• The person purposely obtains property of another.
• The person purposely creates or reinforces a false impression, including one about law, value, intention, or another state of mind; this includes a false impression that the person is soliciting or collecting funds for a charitable purpose.
• The person purposely prevents another from acquiring information that would affect that person’s judgment of a transaction.
• The person purposely fails to correct a false impression the person previously created or reinforced.
• The person purposely fails to correct a false impression the person knows is influencing someone with whom the person has a fiduciary or confidential relationship.

How the charge is graded

Theft offenses are graded by the value involved and other factors under N.J.S.A. 2C:20-2. See theft grading in New Jersey.

Other rules that can matter

• Deception as to a person’s intention to perform a promise shall not be inferred from the fact alone that the person did not subsequently perform the promise.
• “Deceive” does not include falsity as to matters having no pecuniary significance, or puffing or exaggeration by statements unlikely to deceive ordinary persons in the group addressed.

Common defense strategies

Every case turns on its facts, but defenses we often explore include:

• Lack of intent to defraud, as opposed to a business dispute or honest mistake
• Challenging loss calculations that drive the degree of the charge
• Document, bank-record, and electronic-evidence review with forensic accountants
• Early negotiation and restitution that can keep a case out of state prison

What to do right now

1. Don't discuss the facts with police, the alleged victim, or anyone on a jail phone or social media.
2. Write down everything you remember, including names, times, and locations.
3. Keep every document you received, such as the complaint, summons, and release conditions.
4. Follow all release and no-contact conditions exactly.
5. Call a New Jersey criminal defense lawyer before your first court date.

How we help

Edward G. Appel has defended New Jersey clients since 1988 in municipal and Superior Courts in all 21 counties. We review the discovery, look for weaknesses in the State's case, file motions where they're warranted, and push for dismissals, downgrades, or diversion before you face a trial. Call 856-823-1117 for a free, confidential consultation about your Theft by Deception charge.

Related charges

• Theft by Extortion →
• Computer Criminal Activity →
• Forgery →
• Bad Checks →
• Credit Card Fraud →
• Insurance Fraud →
• Identity Theft →
• Money Laundering →

Disclaimer: This page is general information about New Jersey law, not legal advice, and doesn't create an attorney-client relationship. Prior results don't guarantee a similar outcome.