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Over the course of the last decade, I've published in excess of 700 articles in the areas of personal injury, criminal defense, workers' compensation and insurance disputes, generally. If you can't find what you're looking for, feel free to contact me to discuss the details of your case and learn how I can help.

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.

  • 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. 

     -This Article was updated by Eric Kirk on 1/23/20. 

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