Have prosecutors in New Jersey charged you with a theft or criminal fraud offense? If so, you need professional legal counsel who can navigate the complex facts and issues in your case and help you seek the best outcome possible.
William Fay, Esq., is a born-and-bred New Jerseyan and former Deputy Attorney General for the state. He has seen how the state pursues criminal cases, having once done so himself. Today, he uses his insights to defend clients through comprehensive legal strategies. His results-driven approach focuses on delivering the best possible results while maintaining an approachable and compassionate demeanor.
Contact William Fay, Esq. for a free, no-obligation initial case evaluation with an experienced New Jersey theft crime lawyer. Mr. Fay will discuss your options and explain how he can help you pursue the best outcome.
Why Hire William Fay for Your Fraud and Theft Defense in New Jersey?
If you’ve been charged with theft or fraud in New Jersey, you deserve an attorney who can provide you with compassionate and reliable legal representation. Mr. Fay knows that every case involves unique facts and circumstances, and he can meticulously investigate the facts to develop a tailored defense strategy on your behalf.
You can expect Mr. Fay to handle every aspect of your case from start to finish, rather than handing you off to an associate attorney, and to be personally available to you via cell phone when you need him, so you never have to go through a paralegal or legal assistant.
Find out what difference he can make in your case when you meet Mr. Fay during your free, fully confidential consultation, by phone or in person.
Why Do You Need a Lawyer When Facing Theft and Fraud Charges?
A criminal theft and fraud attorney can help you pursue a more favorable resolution to larceny charges in New Jersey in the following ways:
- Investigating your charges to recover evidence for your defense
- Helping you understand the allegations against you and the potential outcomes of your charges
- Identifying possible defense strategies
- Challenging the admissibility or strength of the prosecution’s case
- Fighting for the best possible outcome, even when that means taking your charges to trial
What Types of Fraud and Theft Cases Does William Fay Handle?
Mr. Fay can help you if you’re facing the following charges:
- Robbery – A person commits a robbery when they take property from a person’s possession with the use or threat of force.
- Burglary – The offense of burglary occurs when a person enters a building with the intent to commit a crime (usually some form of theft) within.
- Shoplifting – A person commits shoplifting if they purposely take merchandise from a store with the intent to deprive the merchant of the property without paying the full retail value, conceal merchandise on their person with the intent to steal it, alter price tags, switch packaging, or under-ring merchandise.
- Carjacking – The offense of carjacking involves the theft of a motor vehicle from the driver’s possession through the use or threat of force.
- Theft – In New Jersey, the crime of theft typically results in a charge of “theft by unlawful taking or disposition,” which occurs when a person unlawfully takes or exercises control over movable property or unlawfully transfers an interest in immovable property.
- Theft by Deception – Theft by deception happens when someone intentionally obtains property through lies or misleading actions. This includes creating or maintaining false impressions, hiding important information, or failing to correct a false belief, especially when the person has a fiduciary duty to the other party.
- Theft by Extortion – Theft by extortion occurs when someone unlawfully obtains property through threats or coercion. This can include causing injury, restraining someone, committing another crime, making false accusations, exposing private information, abusing authority, or threatening collective action.
- Theft of Services – A person commits a theft of services if they purposely obtain services offered for compensation by deception, threat, false payment, or fraudulent statements to avoid paying for the service.
- Receiving Stolen Property – A person can commit a crime when they knowingly receive movable property (excluding vehicles) knowing or believing that another party had stolen it.
- Identity Theft – Identity theft occurs when a person steals another person’s personal identifying information (e.g., legal name, date of birth, Social Security number, residential address).
- Credit Card Theft – A person may commit an offense when they copy or steal another person’s credit card information or when they knowingly receive stolen credit card information.
- Money Laundering – The crime of money laundering involves using funds gained from illicit activity in combination with legitimate funds in various transactions to conceal the source of the illegal funds.
- Forgery – A person commits forgery when they create, alter, or use a false document with the intent to deceive or defraud another party, usually to obtain money, goods, services, or benefits, to avoid liability, or to gain an unlawful advantage.
- Credit Card Fraud – A person may engage in credit card fraud by using false information or another person’s information to obtain credit cards or by using another person’s credit card details.
- Check Fraud – An individual may commit a criminal offense by forging a check, altering a valid check, or presenting a check for payment multiple times.
- Obtaining a Controlled Dangerous Substance by Fraud (Prescription Fraud) – A person commits prescription fraud if they create a fake drug prescription, alter a valid prescription, or use a licensed healthcare provider’s prescribing materials to create a false prescription to obtain drugs from a pharmacy or dispensary.
- Healthcare Fraud and Tax Fraud – A person may face state or federal charges by submitting false reimbursement claims to government healthcare programs like Medicare or Medicaid, or by knowingly submitting false tax returns to avoid paying taxes or to obtain improper tax credits.
- Bank Fraud – An offense of bank fraud may involve submitting false documentation to obtain money or property from a financial institution.
- Official Misconduct – In New Jersey, a public official or employee commits official misconduct when, to obtain a benefit for themselves or another person or to injure or deprive another party of a benefit, they knowingly undertake an unauthorized exercise of official functions or knowingly refrain from performing a duty required by law.
Are Theft and Fraud Felonies or Misdemeanors in New Jersey?
Under New Jersey criminal law, theft and fraud crimes may constitute misdemeanors (also referred to as disorderly persons offenses) or felonies (also referred to as indictable crimes), depending on factors such as the seriousness of the offense or the value of the money, property, services, or benefits involved in the offense.
What Are Common Defenses in New Jersey Fraud and Theft Cases?
Those charged with a fraud or theft offense in New Jersey may have various defenses available to them, such as the following:
- Lack of intent
- Consent
- Mistaken identity
- Alibi
- Less value involved
- Unlawfully obtained evidence or statements.
How Can You Protect Your Rights During and After a Theft and Fraud Arrest?
The following are some practical steps you can take to protect yourself during and after an arrest:
- Invoke your right to remain silent.
- Refuse consent to any searches by police.
- Ask to speak to a criminal defense lawyer as soon as possible.
- Avoid discussing your case with family members or friends or posting about it on social media.
- Refrain from contacting alleged victims or eyewitnesses.
What Are New Jersey’s Laws on Fraud and Theft?
New Jersey’s criminal laws prohibits fraud or theft offenses bar individuals from taking money, property, services, or benefits belonging to another party or to which the individual does not have a legal right through unlawful means, Examples include taking an item without the owner’s permission, using force or the threat of force to secure possession or control of an item, or using deceptive means to gain control or possession of an item.
What Are the Sentences for Theft and Fraud in New Jersey?
In New Jersey, the grading of a theft offense depends on the value of property or services involved in the offense, or in some cases, the type of property involved:
- Disorderly Persons Offense – Theft of property or services valued at less than $200
- Fourth-Degree Crime – Theft of property or services valued at $200 or more but not more than $500
- Third-Degree Crime – Theft of property or services valued at $500 or more but less than $75,000
- Second-Degree Crime – Theft of property or services valued at $75,000 or more
Stealing certain items, such as firearms, watercraft, aircraft, or credit cards, can also lead to third-degree charges. New Jersey also grades robbery as a third-degree offense.
State law can increase penalties for a theft offense committed by a person acting in a fiduciary capacity against a victim.
Sentences for fraud offenses under New Jersey law depend on the grading of the offense:
- Disorderly Persons Offense – Up to six months in jail, a fine of up to $1,000, or both incarceration and a fine
- Fourth-Degree Crime – Up to 18 months in prison, a fine of up to $10,000, or both imprisonment and a fine
- Third-Degree Crime – Three to five years in prison, a fine of up to $15,000, or both imprisonment and a fine
- Second-Degree Crime – Five to 10 years in prison, a fine of up to $150,000, or both imprisonment and a fine
In theft and fraud sentences, courts may also impose restitution obligations on defendants, requiring them to reimburse their victims for the financial losses caused by a defendant’s offense.
Contact a New Jersey Fraud and Theft Defense Attorney
If you’ve been charged with a theft offense or criminal fraud in New Jersey, you need aggressive legal counsel to defend your interests. Contact William Fay, Esq. today for a free, fully confidential consultation in person or over the phone. Let a New Jersey theft crime attorney show you how he can help you fight for a favorable resolution on your behalf.