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What Is 2nd Degree Theft By Deception?

Dothan, AL |

My Husband Is Being Charged With 2nd Degree Theft By Deception For Something He Had No Knowledge That He Was Even "Stealing"...He Applied For A Jc Penney Credit Card Using His Signature, His Identification, And As Far As He Was Concernerd His SSN. Apparently He Made A Slight Mistake And Hit A Wrong Number All That Comes On The Screen Is Little **** So How Was He To Know Of This Mistake Especially When The Employee Did Not Inform That Obviously A Name Besides The One On The ID He Provided Was Not His Instead The Employee Handed Him A Piece Of Paper And Said Heres Your New Jc Penney Card Now A Month Later He's In Jail For 2nd Degree Theft By Deception? How? And What Does This Means For Him?

Attorney Answers 3


You need to get your husband a lawyer, if you can.

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'Theft by Deception' is a type of theft crime where property or something of value is taken by deceit, fraud, misrepresentation, or other act of deception. Under the Code of Alabama, 1975, section 13A-8-1, the following terms apply: "The following definitions are applicable in this article unless the context otherwise requires: (1) DECEPTION occurs when a person knowingly:
a. Creates or confirms another's impression which is false and which the defendant does not believe to be true; or
b. Fails to correct a false impression which the defendant previously has created or confirmed; or
c. Fails to correct a false impression when the defendant is under a duty to do so; or..."

If the type of taking of property falls into one of the above-listed definitions, that is "Theft by Deception."

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Your husband is facing a felony charge and could be sentenced to serious jail time for this. Y'all need to get him an attorney.

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