Criminal charges can be scary, especially to those who are innocently accused. Proving theft by deception has some very specific requirements. Since all criminal defendants are presumed innocent, the onus is on the prosecution to prove guilt.
The Law Regarding Theft by Deception
So, what exactly is theft by deception? First, intent is an important factor associated with the charge. According to the law, these are examples of some activities that might constitute theft by deception:
- Setting up a fraudulent fund for the purpose of solicitation under the guise that some charitable organization will benefit from it
- Preventing others from evaluating the integrity of the intended funds so that they can make a sound judgment regarding the transference of their contributions
- Being in charge of funds, such as the executor of a will
- Failing to correct someone’s misimpressions of a proposed investment/donation
Recent Accusations
If you are not quite sure of the intention of the law, you might understand better from this example. News reports indicate that a Mahwah couple were recently charged with theft by deception. Allegedly, they stood in front of a local shopping center, posing as representatives of a veteran’s charity association. The two are accused of pulling a similar scheme at other locations.
What needs to be proven?
Accusations are only one part of the criminal process. In order to prove theft by deception, the prosecution must prove the following:
- Was the collected money earmarked for a charity as represented?
- Was there an intent to create a false impression as to the allocation of funds?
- Did money or some other property actually change hands?
- Was the reason the individual made the donation related to the deception?
Jurisdiction for Theft by Deception
The amount of funds or property allegedly stolen partially dictates where the criminal charges will be filed. In addition, the location of the crime is another factor. For example, theft of less than $200 is a disorderly persons offense and may be heard in municipal court. If you are accused of theft by deception involving real property, you will most certainly find yourself in superior court.
What should you do?
A criminal record is never a good thing and should be avoided at all costs. If you have been accused of theft by deception, the Law Offices of Beninato & Matrafaljo can be of service. Contact us to discuss the circumstances surrounding your arrest.
