Have Ocean County prosecutors charged you with a theft or fraud offense? A conviction can have long-lasting consequences, making professional legal advice and advocacy crucial to achieving the best possible outcome for your charges.
You don’t have to face the criminal justice system alone. Contact William Fay, Esq., for a free initial case evaluation with an experienced Ocean County theft crime lawyer. We’ll review your charges and let you know more about your legal options for protecting your rights, freedom, and reputation from the potential consequences of an arrest or conviction.
Why Hire William Fay for Your Fraud and Theft Defense in Ocean County?
As a former NJ deputy attorney general, Mr. Fay knows how prosecutors prepare criminal cases and can use his insights to help clients develop effective legal strategies. He knows that every client has unique needs and circumstances, so he diligently combs through the evidence to identify the best path forward.
Mr. Fay makes himself readily accessible to clients through his direct cell phone line. He also handles every aspect of a case from start to finish, so clients never have to worry about getting handed off to an associate, paralegal, or legal assistant. His aggressive approach to advocacy allows him to pursue optimal results. However, he also strives to offer compassionate service to help relieve the stress of criminal prosecution.
Reach out today for your free, fully confidential case evaluation.
Why Do You Need a Lawyer When Facing Theft and Fraud Charges?
A fraud attorney can help you resolve theft or criminal fraud charges in Ocean County by doing the following:
- Investigating your charges to recover evidence that can help build a defense
- Evaluating potential case strategies to pursue a favorable outcome for you
- Ensuring you understand the charges and possible results you may face so you can make an informed decision
- Protecting your rights by seeking to exclude evidence or statements that the police obtained from you unlawfully
- Fighting for the best possible resolution to your charges, even when that means taking your case to trial
What Types of Fraud and Theft Cases Does William Fay Handle?
Mr. Fay has extensive experience handling criminal cases involving theft or criminal fraud charges, such as the following:
- Robbery – The crime of robbery involves taking another party’s property through the use or threat of force.
- Burglary – A person commits burglary when they enter or surreptitiously remain in a building with the intent to commit a crime inside.
- Shoplifting – A person can commit the crime of shoplifting by carrying away any merchandise with the intent to deprive the merchant of it without paying full retail value, concealing merchandise on one’s person with the intent to deprive the merchant of its value, altering price tags or packaging for merchandise to avoid paying full retail value, or under-ringing merchandise.
- Carjacking – Carjacking occurs when a person takes a motor vehicle from its driver or occupant through the use or threat of force or uses or threatens force to instruct the driver to operate the vehicle.
- Theft – In New Jersey, prosecutors may charge a larceny offense under the crime of theft by unlawful taking or disposition, which involves unlawfully taking or exercising control over movable property to deprive the owner of it, or illegally transferring interest in a party’s immovable property to benefit themselves or another party not entitled to the property.
- Theft by Deception – A person can commit the offense of theft by deception if they purposely create or reinforce a false impression, prevent a party from acquiring information that would affect their judgment of a transaction, or fail to correct a false impression the person created or that the person, who has a fiduciary obligation to another party, knows has influenced that party.
- Theft by Extortion – The crime of theft by extortion occurs when a person purposely and unlawfully obtains another party’s property by inflicting injury, physically confining or restraining, committing another criminal offense, accusing another party of a criminal offense, exposing or publicizing a secret that subjects another party to contempt or ridicule, or taking or withholding official action.
- Theft of Services – A person commits theft of services by purposely obtaining services available for compensation, using deception, threat, or false payment to avoid payment for the service, or by diverting services from a party to themselves or another party not entitled to the service.
- Receiving Stolen Property – The crime of receiving stolen property involves knowingly receiving or bringing movable property into New Jersey (other than a motor vehicle) knowing or believing that another party had stolen the property.
- Identity Theft – The crime of identity theft involves using another person’s personal identifying information without their consent, or using the identifying information of a fictitious person, to obtain money, goods, services, or benefits, or to avoid liability.
- Credit Card Theft – A person may commit credit card theft when they take another party’s physical credit card or their credit card information to use without the party’s consent.
- Money Laundering – The crime of money laundering involves using money obtained through illicit activity in legitimate transactions or combining such money with legitimate funds to conceal the source of unlawfully obtained money.
- Forgery – A person commits forgery when, with the intent to defraud or injury or knowing that they will facilitate a fraud or injury, they alter or change a written document without authorization or make a written document purporting to be the act of another party or a fictitious person.
- Credit Card Fraud – A person may commit credit card fraud by using false or fraudulent credit card information to make purchases or by using another party’s credit card information without their consent.
- Check Fraud – The crime of check fraud involves submitting a false or forged check for payment or submitting the same check for payment multiple times.
- Obtaining CDS by Fraud (Prescription Fraud) – A person may commit prescription fraud by using a false or forged prescription order purporting to come from a licensed medical practitioner.
- Healthcare Fraud and Tax Fraud – An individual can face state or federal criminal charges by submitting fraudulent claims for benefits or reimbursement to government healthcare programs, such as Medicare or Medicaid, or by submitting fraudulent tax returns to avoid paying taxes or to obtain wrongful tax benefits or credits.
- Bank Fraud – A person may commit bank fraud by using false or fraudulent information or documents to obtain money or property from a financial institution, such as providing fraudulent information to secure a mortgage or personal/business loan.
- Official Misconduct – In New Jersey, a public servant may commit the crime of official misconduct when, with an intent to benefit themselves or another party or to injure or deprive another party of a benefit, they commit an act under their office that they know constitutes an unauthorized exercise of their authority or knowingly refrain from performing a duty imposed by law or inherent in their office.
Are Theft and Fraud Felonies or Misdemeanors in New Jersey?
Criminal fraud and theft crimes may be classified as misdemeanors (known as disorderly persons offenses in New Jersey) or felonies (referred to as indictable offenses in New Jersey), depending on the severity of the crime and the value of the money, property, or services involved. Less serious crimes or crimes involving low dollar amounts may result in a disorderly persons charge. However, most theft and criminal fraud crimes in New Jersey lead to felony charges for defendants.
What Are Common Defenses in New Jersey Fraud and Theft Cases?
A person charged with a theft or fraud offense in New Jersey may pursue various defense arguments to fight the prosecution’s case against them. Common examples of defense strategies used in criminal fraud or theft trials include the following:
- Lack of intent
- Mistake of fact
- Consent of the owner
- Lawful authority
- Mistaken identity/alibi
How Can You Protect Your Rights During and After a Theft and Fraud Arrest?
When the police arrest you for theft or criminal fraud in Ocean County, you can take the following steps to protect your rights and prepare to face prosecution for an offense:
- Exercise your right to remain silent by telling the police that you do not want to answer questions or give a statement, and refrain from engaging officers in conversation.
- Invoke your right to legal counsel by asking to speak to a criminal defense attorney after your arrest.
- Avoid contacting alleged victims or witnesses and refrain from discussing your case with family members, acquaintances, or social media.
- Contact a criminal defense lawyer as soon as possible to discuss your charges and your defense options.
What Are New Jersey’s Laws on Fraud and Theft?
New Jersey criminal laws prohibit individuals from taking money, property, services, or benefits without an owner’s consent or to which the individual does not have a legal right. Furthermore, individuals cannot engage in deceitful or misleading conduct to obtain benefits, property, or money or to avoid liabilities.
What Are the Sentences for Theft and Fraud in New Jersey?
In many cases, the grading of a theft or criminal fraud offense will depend on the value of the money, goods, services, or benefits involved in the case. Alternatively, the grading of an offense can depend on the severity of the crime.
The following are the sentences for theft and criminal fraud offenses in New Jersey based on the degrees of theft:
- Disorderly Persons Offense – Up to six months in jail
- Fourth-Degree Crime – Up to 18 months in prison
- Third-Degree Crime – Three to five years in prison
- Second-Degree Crime – Five to 10 years in prison
- First-Degree Crime – 10 to 20 years in prison
Some theft or criminal fraud offenses may have longer sentencing ranges. Offenses that involve the use of weapons or violence may also result in mandatory minimum sentences under the Graves Act or No Early Release Act. Some offenses may also have higher maximum fines than the standard fines for the grade of offense. Sentences for theft and fraud offenses in New Jersey may also include restitution orders, which require a defendant to reimburse their victim(s) for financial losses caused by the defendant’s offense.
Contact an Ocean County Fraud and Theft Defense Attorney Today
Were you arrested for a theft or fraud crime? Contact William Fay, Esq., today for a free, confidential consultation in person or over the phone with an Ocean County theft crime attorney. Discover how our firm can pursue a positive outcome to your charges and protect your rights.