Theft by deception in Pennsylvania falls into three broad categories:
- Actively lying to someone so that they will go through with a transaction they might otherwise not want to complete
- Passively allowing someone to continue to believe untrue information so they complete a transaction
- Actively concealing information that might persuade someone not to go through with a transaction
Our King of Prussia theft by deception lawyer can help you better understand what theft by deception is and what strategies we can use to defend you against this and other theft charges.
Is Theft by Deception Illegal Under Pennsylvania Law?
You can find Pennsylvania’s theft by deception law at 18 Pa. C.S.A. § 3922. The statute says that theft by deception is illegal under all of the circumstances outlined above. Examples of theft by deception include:
- Misrepresenting your position within an organization to make people think you have qualifications or expertise you do not really possess
- Not telling someone about your relevant personal history or the relevant history of the property involved in the transaction
- Failing to correct someone’s false assumptions about your qualifications and expertise
There are a few exceptions to the above law. For example, if you break a promise to someone you are doing business with, the broken promise by itself is not evidence of theft by deception in Pennsylvania because you might have fully intended to keep your word only to be thwarted by circumstances beyond your control. Theft by deception charges can only be brought if the deception was intentional.
Another exception is if you conceal information that would have no bearing on the other person’s decision to go through with the transaction. In this case, whether you revealed the information or not, it would not have altered the other person’s actions, so it does not count as theft by deception.
What Are the Penalties for Theft by Deception in Pennsylvania?
The penalties you may face if charged with theft by deception vary depending on:
- The value of the stolen property. The higher the value, the more serious the consequences for stealing it.
- The type of property that was stolen. Under 18 Pa. C.S.A. § 3902, if you are accused of stealing firearms, the penalties are steeper than if you steal most other types of property.
- Any prior convictions. If you have been convicted of a theft crime before, the judge may take that into consideration and give you a more severe punishment.
In the more serious cases, theft by deception is classified as a felony. In less serious cases, you could be charged with a misdemeanor. The specifics of your case will determine:
- Whether your case goes before the Montgomery County Court of Common Pleas or another venue.
- How long you stay behind bars. Cases worth less than $50 could warrant a 90-day sentence, while cases worth $10,000 could warrant up to 10 years.
- How much you have to pay in fines. All misdemeanors and felonies in Pennsylvania come with thousands of dollars in maximum fines. If the judge orders you to pay restitution, you could end up paying even more.
Crimes like felonies and even misdemeanors do not just go away. They can have drastic, long-term consequences on all aspects of your life, including your ability to find a job, to maintain relationships that are important to you, and to support the people who depend on you. Our theft crimes lawyer can help you do everything possible to avoid this outcome.
How Can You Defend Yourself Against Theft by Deception Charges?
The first thing you should do after being accused of theft by deception is to call in our criminal defense attorney. We can make sure the authorities and the prosecution respect your rights and build their case using legal methods. If we uncover evidence of abuse or rights violations, we can use that information to get your case dismissed.
If there is no evidence of a rights violation, our Pennsylvania theft crimes attorney can mount a defense based on the facts—or lack thereof—surrounding your case. We might argue that:
- There is a lack of intent. Again, theft by deception involves tricking someone on purpose in order to take their money or property. Our legal team can work to prove that you did not purposely deceive anyone, so theft by deception charges are inappropriate.
- The concealed information was irrelevant. Even if you did hide information, our criminal defense lawyer can show that this information would have changed nothing, so the concealment of it does not count as deception.
- You did not deceive the alleged victim. Our theft by deception attorney can look for evidence that shows the victim did in fact have (or should have had) all of the information they needed to decide if they should complete the transaction.
- The stolen property is not that valuable. If we can show that the property is not worth as much as the prosecution claims, we may be able to get the charges against you reduced. That way, you face lighter penalties if convicted.
Will Your Theft by Deception Case Go to Trial?
That depends. In cases involving police misconduct or lack of evidence, our theft crimes law firm may be able to have the case dropped before it gets to the trial stage. Alternatively, we might recommend that you avoid a trial by accepting a plea deal that allows you to plead guilty to lesser charges.
If your case does go to court, the defense lawyer from our team can represent you in the courtroom and fight hard for the best possible outcome.
We Can Help You Fight Theft by Deception Charges in Pennsylvania
At McKenzie Law Firm, P.C., we measure our success by your success. Call today to get a free consultation from a firm that knows what theft by deception is in Pennsylvania and can defend you against such charges.
We stay in close contact with clients as their cases progress, so you will always know what is happening and how we are working for your freedom.
