What is Considered Theft by Deception?
Prosecutors have the leeway to prove a theft occurred in multiple ways. One is to show a knowing use of deception to gain unauthorized control over the property of another with the intent to deprive the owner of the property. The law provides multiple examples of what constitutes deception. As Attorney Eric T. Kirk will tell you.
- creating an untrue impression
- failing to correct a misunderstanding
- preventing another from obtaining information to correct a false impression
All of these can constitute deceptions. The law treats certain verbal conduct, such as boasting, or puffery in a commercial context differently. These statements that typically accompany the sale of goods do not constitute deception. Obviously, these cases are highly fact-dependent. Some statements made in a commercial context may amount to actionable fraud.
I offer a no-cost conference to anyone accused of a crime. During this strategy session we will evaluate the evidence, assess the strength of the State’s case, and develop the most effective defenses and explore mitigation. If you stand accused, contact me today. 410 591 2935.
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A Baltimore car accident and personal injury litigator who has taken hundreds of cases to trial in Maryland, New York and Florida, recovering millions over a 30-year mission to obtain denied compensation for his clients.
