When 'Missing Money' Becomes a Crime: How a North Jersey Theft Lawyer Defends Accusations of Deception
Being accused of theft in New Jersey can make your whole life feel like it's under a microscope. An allegation about missing cash, a disputed business deal, or a misunderstanding with a family member or employer can suddenly turn into criminal charges, court dates, and the threat of jail. In that moment, you need a North Jersey theft lawyer who can cut through the confusion, explain what you're really facing, and build a serious defense, not someone who just pushes quick pleas.
Attorney Anthony R. Gualano is certified by the Supreme Court of New Jersey as a Criminal Trial Attorney and has more than 35 years of experience in the courtroom. He has defended people accused of theft, fraud, white collar crimes, and serious felonies in Hudson, Essex, Union, Middlesex, Passaic, and other North Jersey counties. When you hire Anthony R. Gualano Law as your theft by deception defense attorney in Jersey City, NJ, you work directly with Mr. Gualano. He reviews your discovery, prepares your strategy, and stands beside you at every critical hearing.
This page gives a general overview of New Jersey theft and theft-by-deception law, the potential penalties, and how Anthony R. Gualano approaches these cases. It is not legal advice; you should always talk with a lawyer about your own situation. Contact Mr. Gualano's office today for a no-obligation consultation.
How New Jersey Defines Theft
New Jersey's theft laws are centralized in N.J.S.A. 2C:20, which consolidates many different ways of stealing into a single offense.
Some of the most common theft-related offenses include:
- Theft by unlawful taking (N.J.S.A. 2C:20-3): taking or exercising unlawful control over someone else's movable property (like cash, electronics, or a car) or unlawfully transferring an interest in immovable property (like real estate)
- Theft by deception (N.J.S.A. 2C:20-4): obtaining someone's property by purposely deceiving them
- Other specialized theft offenses: Theft by extortion, theft of services, receiving stolen property, and others
The grading of most theft offenses is based primarily on the amount involved, with important thresholds at $200, $500, and $75,000, and with certain types of property (like firearms, cars, controlled substances, and human remains) always treated more harshly.
A seasoned North Jersey theft lawyer will start by identifying exactly which theft statute you're charged under and how the State claims it meets these legal definitions.
Theft by Deception: When Accusations Involve Lies and Misrepresentations
Theft by deception is one of the most serious and misunderstood forms of theft in New Jersey. Under N.J.S.A. 2C:20-4, a person is guilty of theft by deception if they purposely obtain the property of another by deception.
The statute explains that someone "deceives" if they purposely:
- Create or reinforce a false impression as to law, value, intention, or other important facts (for example, misrepresenting why you need money or where funds will go)
- Prevent another person from acquiring information that would affect their judgment of a transaction
- Fail to correct a false impression they previously created or know is influencing someone with whom they have a fiduciary or confidential relationship (such as a client or beneficiary)
The law excludes mere "puffing" or exaggeration that wouldn't likely mislead an ordinary person, and deception about future promises usually requires more than just a failure to perform.
For a conviction, the State must prove three things beyond a reasonable doubt:
- You obtained someone else's property
- You did so by purposely deceiving them
- The person relied on that deception in giving you the property
A knowledgeable theft by deception defense attorney in Jersey City, NJ, will examine emails, texts, contracts, statements, and financial records closely to see whether these elements really hold up or whether the case is more of a contract dispute or misunderstanding than a crime.
How Theft and Theft by Deception Are Graded
New Jersey uses the same basic grading structure for many theft offenses, including theft by deception.
- Second-degree theft:
- Amount $75,000 or more, or certain special property (like high-quantity CDS, benefits, or human remains)
- Punishable by 5-10 years in state prison and fines that can reach $150,000
- Third-degree theft:
- Amount greater than $500 but less than $75,000, or theft of specific types of property (firearms, motor vehicles, etc.), even below that dollar amount
- Punishable by 3-5 years in prison and up to $15,000 in fines
- Fourth-degree theft:
- Amount between $200 and $500
- Punishable by up to 18 months in state prison and fines up to $10,000
- Disorderly persons theft:
- Amount less than $200
- Punishable by up to 6 months in county jail and a $1,000 fine
These same thresholds are used for theft by deception under 2C:20-4.
Because the grading determines both your potential prison exposure and whether your case stays in municipal court or goes to Superior Court, it is crucial to have a North Jersey theft lawyer who scrutinizes how the State calculated the "amount involved" and whether certain losses are truly attributable to you.
Real-World Examples of Theft by Deception
Theft by deception charges commonly arise from:
- Business disputes: Allegations that someone lied about a business opportunity, investment, or contract terms to obtain money
- Expense and billing issues: Padding expense reports, overbilling clients, or resubmitting invoices for payment
- Benefits and insurance: Claims that someone obtained public benefits or insurance payouts by omitting information or falsifying applications
- Online scams and digital transactions: Using false identities, fake listings, or misleading payment schemes
In many of these cases, the line between a contractual disagreement and criminal deception can be thin. A skilled theft by deception defense attorney in Jersey City, NJ, can emphasize evidence that you intended to perform as promised, believed your statements were true, or that the alleged victim did not actually rely on what you said in the way the State claims.
Other Theft-Related Charges Mr. Gualano Handles
As a North Jersey theft lawyer, Anthony R. Gualano also defends people accused of:
- Theft by unlawful taking: Classic "taking without permission" cases involving money, vehicles, or other property
- Receiving stolen property: Being accused of knowingly possessing or dealing in items someone else stole
- Theft of services: Allegations involving unpaid services, utilities, lodging, or transportation
- Credit card theft, identity theft, and computer-related theft: Where technology and financial data are front and center
Whether your case is in municipal court for a low-dollar allegation or in Superior Court for a six-figure fraud, you get the same level of preparation from a North Jersey theft lawyer who has spent decades trying serious matters.
Possible Consequences of a Theft Conviction
Beyond the immediate risk of jail or prison, a theft conviction can have consequences that linger for years. Many theft offenses (especially theft by deception) are treated as crimes of dishonesty, which can seriously affect employment, licensing, and professional opportunities. For non-citizens, theft and fraud offenses can be considered crimes involving moral turpitude, which may trigger immigration consequences. Courts can order restitution, meaning you may have to pay back money or property to the alleged victims.
Prior theft convictions can increase your exposure in future cases and affect how prosecutors and judges view you. A theft by deception defense attorney in Jersey City, NJ, should be thinking not only about winning or reducing the current case, but also about protecting your long-term future as much as possible.
Defenses and Strategies in Theft and Theft-by-Deception Cases
There is no single strategy that fits every theft case. As a North Jersey theft lawyer, Anthony R. Gualano tailors the defense to the specific facts, evidence, and your goals. Key issues often include:
Intent and Honest Belief
Many theft crimes require that you acted purposely with an intent to deprive someone of property or purposely to deceive them. If you believed you were entitled to the property, expected to perform the promise you made, or relied on information you thought was true, those facts can undermine the State's case.
Value and Attribution
The grading of your charge often turns on how the "amount involved" is calculated. A theft by deception defense attorney in Jersey City, NJ can question:
- Whether the alleged loss is inflated or includes amounts unrelated to your actions
- Whether some or all of the claimed losses would have occurred even without the alleged deception
- Whether the State is incorrectly aggregating multiple transactions into one
Ownership and Consent
For theft by unlawful taking or receiving stolen property, the State must show the property belonged to another and you did not have permission to take or keep it. Joint accounts, business partnerships, and family property can make this more complicated than it appears in a police report.
Constitutional and Procedural Issues
In many theft investigations, police obtain documents, financial records, or digital data through subpoenas and search warrants. Mr. Gualano evaluates whether:
- Warrants were supported by probable cause
- Searches exceeded what the warrant allowed
- Statements were taken after you requested a lawyer or invoked your right to remain silent
If your rights were violated, your North Jersey property crime lawyer can seek to suppress illegally obtained evidence, which may significantly weaken the case.
How Attorney Anthony R. Gualano Works With Theft Clients
For many people, a theft or fraud accusation is their first serious legal problem. It can feel like everything you've built, your job, your reputation, your relationships, is at risk.
When you hire Anthony R. Gualano as your North Jersey theft lawyer:
- You work with him directly. He doesn't run a high-volume plea mill; he takes a limited number of matters so he can study the evidence and spend time with each client.
- He explains the law in plain English. You will understand what you're charged with, what the State has to prove, the realistic sentencing ranges, and the pros and cons of every option.
- He brings decades of trial experience. With more than 35 years in criminal, civil, and family litigation (often involving complex facts, expert witnesses, and high stakes), he is prepared to take a case to trial if that is the best path.
As a theft by deception defense attorney in Jersey City, NJ, he also understands how these allegations can ripple into civil lawsuits, licensing issues, or family disputes, and he plans your defense with those realities in mind.
What to Do If You're Accused of Theft in North Jersey
If you've recently learned you're under investigation or have been charged, here are some immediate steps to consider:
- Do not discuss the facts with anyone but a lawyer. Conversations with employers, alleged victims, co-workers, or friends, and especially posts online, can become evidence.
- Save documents and communications. Preserve emails, contracts, invoices, text messages, account statements, and any written agreements that relate to the accusation.
- Write down what happened. While it's fresh, note dates, names, and details about conversations and transactions; keep this for your attorney, not for social media.
- Follow any court or release conditions. If you've been released on conditions, comply fully to avoid extra charges.
- Contact a North Jersey theft lawyer promptly. Early involvement by a theft by deception defense attorney in Jersey City, NJ, like Anthony R. Gualano, can help shape how your case is charged, protect you during investigations, and preserve favorable evidence.
If you or someone you care about is facing theft or theft-by-deception charges in Hudson County or anywhere in North Jersey, you don't have to navigate it alone. Consider reaching out to the Law Office of Anthony R. Gualano to talk with an experienced North Jersey theft lawyer who takes your case and your future seriously.
Contact Experienced North Jersey Theft Lawyer, Anthony R. Gualano, for a Risk Free Consultation
When your reputation, freedom, and future are on the line due to a theft or theft-by-deception charge, you need more than just an attorney. You need a seasoned advocate. Anthony R. Gualano, a Supreme Court of New Jersey certified Criminal Trial Attorney with over 35 years of courtroom experience, provides the direct, focused defense strategy you need to fight back. Do not face the New Jersey legal system alone.
Take the proactive step of securing serious legal counsel. Contact the Law Office of Anthony R. Gualano today for a confidential, risk free consultation to discuss your case with a dedicated North Jersey theft lawyer.