Examples of theft by deception. Ultimately, the victims may give out their confidential information, such as their Social Security number, bank account information or credit card access because of the phishing scam. Lawson and Berry and their team of Georgia Theft by Deception Attorneys are knowledgeable about theft laws. Theft by deception generally means the use of deception to obtain control over the property or services of another. Even though she wasn't the one who directly stole the trailer or sold it, her misrepresentation was sufficient for her to be convicted. The jury found the suspect guilty of theft by deception because the pawn shop would not have purchased the items if they had not relied on his representation of being the owner. As long as some of the representations are found to be criminal in nature (i.e. If the value falls between $500 and $10,000, it will be charged as a Class D felony. 346, (1972). Want to share IMDb's rating on your own site? Login. (This may not be the same place you live). It is the State's job to prove that the accused made false representations, knowing that they were false, with the intent to deceive and defraud the victim, and, the victim relied on those representations when agreeing to part with their property. 210 Ga. App. In general, there are four types of criminal defenses. Services Law, Real

Did Defenses may be raised in criminal law cases, such as theft by deception matters. This can be due to an ambiguity in conversation or terms between the defendant and victim. Don't wait to call because a theft by deception conviction will have serious consequences. Theft by Deception: Halbleib, John F., Halbleib, Jacob Duffy: 9781939783073: Books - Amazon.ca

§16-8-3 outlines five ways in which a person deceives another intentionally: (4) Uses a credit card, charge plate, or any other instrument which purports to evidence an undertaking to pay for property or services delivered or rendered to or upon the order of a designated person or bearer (a) where such instrument has been stolen, forged, revoked, or canceled, or where for any other reason its use by the actor is unauthorized, or (b) where the actor does not have the intention and ability to meet all obligations to the issuer arising out of his use of the instrument.

Contact us today to go over your case and discuss exactly what our criminal defense team can do to help you. Mr. DiCindio can try to secure the most favorable plea possible for you or fight against the charges through trial. Theft by Deception With complex theft laws and legal processes, it is critical to retain counsel to represent you. 866, (2010). 240 Ga. App. In either situation, using someone else’s credit card without their permission is a criminal, punishable act. Prior to joining LegalMatch, Ken practiced Law for four years in San Francisco, California, handling a wide range of cases in areas as diverse as Family Law (divorces, child custody and support, restraining orders, paternity), Real Estate (property ownership, landlord/tenant disputes for residential and commercial property), Criminal Law (misdemeanors, felonies, juvenile, traffic infractions), Personal Injury (automobile accidents, medical malpractice, slip and fall), Entertainment (recording contracts, copyright and trademark registration, licensing agreements), Employment Law (wage claims, discrimination, sexual harassment), Commercial Law and Contracts (breach of contract, drafting contracts), and San Francisco Bankruptcy (chapter 7 personal bankruptcies). The consequences of having a felony charge can be quite extensive including making it difficult to get a job. Waiting allows for witnesses to leave the area, evidence to be lost, and memories to fade. Another form of theft by deception is phishing. Plot Summary | Add Synopsis Ken holds a J.D. There the accused approached two merchants and expressed a desire to purchase some furniture from them. 846, (1998). The possible sentencing options for a conviction will, therefore, vary quite a bit. They could sue you and recover monetary damages. Law, Government

The Baldani Law Group has over 100 years of combined criminal defense experience.

For example, if the person simply exaggerated about something or engaged in puffery, that is not considered to be theft by deception as long as a reasonable person would not believe the statements. The following is an example of a state statute governing theft by deception: In an attempt to save his crumbling marriage, a police detective extorts a recently paroled art thief into stealing valuable paintings to present to his wife as gifts. The prosecutor will be required to prove all of the elements of the offense against you beyond a reasonable doubt.

You do not want to have a theft conviction on your record. Benefits of hiring a slip and fall lawyer, Hyland Graphic Design & Advertising | Chester County PA Web Design, When the defendant reinforces or creates a false impression about his or her intention, the law, or his or her state of mind, When the defendant conceals information that would affect the victim’s judgment about engaging in a transaction, When the defendant fails to correct a mistaken or false impression that the defendant had created and that they knew would influence the victim with whom the defendant has a fiduciary relationship, Lying about having a serious medical condition to induce people to contribute money to a GoFundMe account, Altering the odometer reading on a vehicle to induce someone to buy it, Engaging in a phishing scheme while pretending to be a company to steal the victim’s confidential financial data, Selling stolen items to a pawn shop while signing an attestation of ownership form, Value of less than $50 – Third-degree misdemeanor with up to 12 months in jail and fines of up to $2,500, Value from $50 to less than $200 – Second-degree misdemeanor carrying up to 24 months in jail and up to $5,000 in fines, Value of $200 to less than $2,000 – Misdemeanor of the first degree carrying up to five years of incarceration and a fine of up to $10,000, Value of $2,000+ – Felony of the third degree carrying up to seven years in prison and a fine of up to $15,000.