Results 1 to 6 of 6
  1. #1
    Join Date
    Mar 2007
    Posts
    3

    Unhappy Charged with Penal Code 2C:20-4A

    I was arrested this past Monday for admitting to employee retail theft, processed a false return on my credit card, under $200. I wrote a statement to the lp person because there was a lot of force on their behalf to do so. I have never been arrested or charged with anything, so when at the police station I wasn't fingerprinted, or set to post bail or anything. I was out in twenty minutes. The summons was mailed and i just received it today. The penal code is theft by deception, yet my question is, is it a misdemeanor or what. It is my first offense. What to expect at court? Would I go to jail? Trust me I've learned my lesson and any advice would help. By the way this day in question was back in December, they waited for my first day back from maternity leave. Also where can I find an attorney in NJ that won't cost tons of money.Thanks.

  2. #2
    Join Date
    Mar 2007
    Posts
    3

    Unhappy Re: Charged with penal code 2C:20-4A

    Anyone out there? Need help desperately.

  3. #3
    panther10758 Guest

    Default Re: Charged with penal code 2C:20-4A

    You need to contact a criminal defense Attorney right away.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Charged with penal code 2C:20-4A

    The statute provides,
    Quote Quoting New Jersey Statutes 2C:20-4. - Theft by deception
    A person is guilty of theft if he purposely obtains property of another by deception. A person deceives if he purposely:
    a. Creates or reinforces a false impression, including false impressions as to law, value, intention or other state of mind, and including, but not limited to, a false impression that the person is soliciting or collecting funds for a charitable purpose; but deception as to a person's intention to perform a promise shall not be inferred from the fact alone that he did not subsequently perform the promise;

    b. Prevents another from acquiring information which would affect his judgment of a transaction; or

    c. Fails to correct a false impression which the deceiver previously created or reinforced, or which the deceiver knows to be influencing another to whom he stands in a fiduciary or confidential relationship.
    The term "deceive" does not, however, include falsity as to matters having no pecuniary significance, or puffing or exaggeration by statements unlikely to deceive ordinary persons in the group addressed.
    In terms of penalties:
    Quote Quoting New Jersey Statutes 2C:20-2 - Consolidation of theft and computer criminal activity offenses; grading; provisions applicable to theft generally.
    a. Consolidation of Theft and Computer Criminal Activity Offenses. Conduct denominated theft or computer criminal activity in this chapter constitutes a single offense, but each episode or transaction may be the subject of a separate prosecution and conviction. A charge of theft or computer criminal activity may be supported by evidence that it was committed in any manner that would be theft or computer criminal activity under this chapter, notwithstanding the specification of a different manner in the indictment or accusation, subject only to the power of the court to ensure fair trial by granting a bill of particulars, discovery, a continuance, or other appropriate relief where the conduct of the defense would be prejudiced by lack of fair notice or by surprise.

    b.Grading of theft offenses.
    (1)Theft constitutes a crime of the second degree if:
    (a) The amount involved is $75,000.00 or more;

    (b) The property is taken by extortion;

    (c) The property stolen is a controlled dangerous substance or controlled substance analog as defined in N.J.S.2C:35-2 and the quantity is in excess of one kilogram;

    (d) The property stolen is a person's benefits under federal or State law, or from any other source, which the Department of Human Services or an agency acting on its behalf has budgeted for the person's health care and the amount involved is $75,000.00 or more; or

    (e) The property stolen is human remains or any part thereof; except that, if the human remains are stolen by deception or falsification of a document by which a gift of all or part of a human body may be made pursuant to P.L.1969, c.161 (C.26:6-57 et seq.), the theft constitutes a crime of the first degree.
    (2) Theft constitutes a crime of the third degree if:
    (a) The amount involved exceeds $500.00 but is less than $75,000.00;

    (b) The property stolen is a firearm, motor vehicle, vessel, boat, horse, domestic companion animal or airplane;

    (c) The property stolen is a controlled dangerous substance or controlled substance analog as defined in N.J.S.2C:35-2 and the amount involved is less than $75,000.00 or is undetermined and the quantity is one kilogram or less;

    (d) It is from the person of the victim;

    (e) It is in breach of an obligation by a person in his capacity as a fiduciary;

    (f) It is by threat not amounting to extortion;

    (g) It is of a public record, writing or instrument kept, filed or deposited according to law with or in the keeping of any public office or public servant;

    (h) The property stolen is a person's benefits under federal or State law, or from any other source, which the Department of Human Services or an agency acting on its behalf has budgeted for the person's health care and the amount involved is less than $75,000;

    (i) The property stolen is any real or personal property related to, necessary for, or derived from research, regardless of value, including, but not limited to, any sample, specimens and components thereof, research subject, including any warm-blooded or cold-blooded animals being used for research or intended for use in research, supplies, records, data or test results, prototypes or equipment, as well as any proprietary information or other type of information related to research;

    (j) The property stolen is a New Jersey Prescription Blank as referred to in R.S.45:14-14;

    (k) The property stolen consists of an access device or a defaced access device; or

    (l) The property stolen consists of anhydrous ammonia and the actor intends it to be used to manufacture methamphetamine.
    (3) Theft constitutes a crime of the fourth degree if the amount involved is at least $200.00 but does not exceed $500.00. If the amount involved was less than $200.00 the offense constitutes a disorderly persons offense.

    (4) The amount involved in a theft or computer criminal activity shall be determined by the trier of fact. The amount shall include, but shall not be limited to, the amount of any State tax avoided, evaded or otherwise unpaid, improperly retained or disposed of. Amounts involved in thefts or computer criminal activities committed pursuant to one scheme or course of conduct, whether from the same person or several persons, may be aggregated in determining the grade of the offense.
    c. Claim of right. It is an affirmative defense to prosecution for theft that the actor:
    (1) Was unaware that the property or service was that of another;

    (2) Acted under an honest claim of right to the property or service involved or that he had a right to acquire or dispose of it as he did; or

    (3) Took property exposed for sale, intending to purchase and pay for it promptly, or reasonably believing that the owner, if present, would have consented.
    d. Theft from spouse. It is no defense that theft or computer criminal activity was from or committed against the actor's spouse, except that misappropriation of household and personal effects, or other property normally accessible to both spouses, is theft or computer criminal activity only if it occurs after the parties have ceased living together.

  5. #5
    Join Date
    Mar 2007
    Posts
    3

    Smile Re: Charged with penal code 2C:20-4A

    Thanks Aaron. It seems that it would fall under the category of disorderly persons offense. What approx. fines and punishment for this first offense? I would appreciate your guess, if you have. Thanks.

  6. #6
    Join Date
    Oct 2006
    Location
    UTAH
    Posts
    178

    Default Re: Charged with penal code 2C:20-4A

    Quote Quoting disney32296
    View Post
    Thanks Aaron. It seems that it would fall under the category of disorderly persons offense. What approx. fines and punishment for this first offense? I would appreciate your guess, if you have. Thanks.

    you will have fines and some community service. I really doubt anymore then that will happen. But anything can happen. Just go to your court date and be honest and upfront and really be sorry for what you have done and you should be fine.

    1. Sponsored Links
       

Similar Threads

  1. Public Intoxication: Penal Code 647(F) While on My 10 Acres
    By SARmedic in forum Criminal Charges
    Replies: 28
    Last Post: 08-08-2010, 11:53 AM
  2. Assault & Battery: Charged with California Penal Code 243(E)(1) PC
    By NeedAdvice243(E)(1)PC in forum Criminal Charges
    Replies: 2
    Last Post: 03-31-2009, 09:41 PM
  3. Weapons Offenses: Texas Penal Code 46.4
    By Blue Dog in forum Criminal Charges
    Replies: 3
    Last Post: 12-01-2008, 04:28 PM
  4. Criminal Records: California Penal Code, Sec. 851.8(B)
    By gordo in forum Criminal Records
    Replies: 3
    Last Post: 10-16-2008, 10:25 AM
  5. Retail Fraud / Shoplifting: California Penal Code 484(a)
    By scared76 in forum Criminal Charges
    Replies: 3
    Last Post: 01-07-2007, 09:44 PM
 
 
Sponsored Links

Legal Help, Information and Resources