Did you know that you can face serious criminal charges in Lincoln for making false promises, misrepresenting facts, or misleading someone for financial gain-even if no physical item is stolen? That’s the legal foundation of theft by deception, and it can lead to life-changing consequences.
Whether you’re a business owner, service provider, or someone navigating a complex financial dispute, understanding the risks, legal definitions, and strategies around theft by deception is essential. This comprehensive guide is built for Lincoln residents who want clarity-not confusion-about what’s at stake and what their rights are.
What Is Theft by Deception Under Nebraska Law?
Theft by deception occurs when someone obtains money, property, or services by intentionally misleading or lying to another person. Nebraska Revised Statute § 28-512 defines theft by deception as:
“Obtaining property of another by intentionally creating or reinforcing a false impression, including false impressions as to law, value, intention, or other state of mind.”
This includes situations like:
- Lying about your identity to access someone else’s funds
- Misrepresenting the value of a product or service
- Accepting payment for services never intended to be performed
- Using forged or altered documents for financial gain
- Convincing a person to give money under false pretenses
Examples of Theft by Deception in Lincoln
- Selling Property You Don't Own: Advertising and selling a vehicle or land without legal title.
- Fake Service Contracts: Accepting payment for construction, repairs, or consulting services with no plan to perform them.
- False Donation Schemes: Posing as a charitable fundraiser but diverting the funds for personal use.
- Insurance Fraud: Submitting false claims or inflating damages to collect more than what’s accurate.
- Elder Exploitation: Convincing elderly individuals to transfer funds or property based on lies or manipulation.
Each of these scenarios involves intentionally deceiving another person to benefit financially or materially.
How Nebraska Classifies Theft by Deception
Charges depend on the value of what was unlawfully obtained. Higher values trigger more serious consequences. Lincoln prosecutors also consider the nature of the deception and who the alleged victim was (e.g., elderly, public institution).
Common Charging Factors (Non-Monetary)
| Factor | Impact on Case |
| Victim is elderly or vulnerable | May result in elevated penalties |
| Public or government funds involved | Treated more seriously by prosecutors |
| Multiple victims or ongoing pattern | May lead to multiple felony counts |
| Prior criminal record | Can impact sentencing and bail |
Legal Elements Prosecutors Must Prove
To convict someone of theft by deception, prosecutors must prove:
- A false representation or misleading act occurred
- The accused knew it was false
- The victim relied on the deception
- The accused gained money, services, or property as a result
The most disputed part of many Lincoln cases is intent-was it truly a lie, or just a business deal gone bad? This is where most defenses begin.
How a Case Typically Unfolds in Lancaster County
- A complaint is filed by the alleged victim
- Law enforcement investigates and interviews involved parties
- Evidence is reviewed by the County Attorney
- Charges are filed or declined based on sufficiency of proof
Often, the accused is not immediately arrested. They may be notified by letter or asked to speak with law enforcement. In such cases, always contact legal counsel first.
Real Case Insight: Contractor Dispute Turned Criminal
A Lincoln-based handyman was accused of theft by deception after accepting payment for home remodeling and failing to complete the work. The homeowner alleged the contractor never intended to do the job. However, receipts showed that materials had been purchased and subcontractors were delayed. The case was dismissed due to insufficient evidence of intent to defraud.
This demonstrates how quickly civil disputes can turn into criminal allegations-and why documentation matters.
Defense Strategies That Can Change Outcomes
- Lack of Intent: No proof the accused meant to mislead
- Effort to Perform: Work was attempted, even if incomplete
- Miscommunication: Different expectations between parties
- False Allegations: Motivated by personal conflict or misunderstanding
- Insufficient Evidence: Lack of documentation or credible testimony
What to Do If Accused
- Do not speak with police or the alleged victim without an attorney
- Gather all communication records, contracts, receipts, or related documents
- Avoid confronting the accuser or posting about the case online
- Work with an attorney who specializes in white-collar or fraud-related offenses
Additional Considerations for Lincoln Professionals
People in real estate, construction, online business, or financial services are particularly vulnerable to allegations of theft by deception due to:
- Large transaction volumes
- Vague contracts or handshake deals
- Delays from third parties that look like fraud
- Misunderstood deliverables
Being proactive with contracts, communication, and transparency can prevent legal exposure.
FAQs: Theft by Deception in Lincoln, NE
Is theft by deception always a felony?
Not necessarily. While many theft by deception charges are serious, not all rise to felony level. Prosecutors consider the totality of circumstances-such as the amount in question, whether a pattern of deception is evident, and if the victim was vulnerable. Lower-level cases may be charged as misdemeanors, especially if intent is difficult to prove.
Can I be charged if someone misinterpreted my actions?
Yes, but intent is the key issue. The state must prove that you intentionally deceived the alleged victim-not just that there was a disagreement or miscommunication. Many cases hinge on whether the misrepresentation was deliberate or simply a failed agreement.
Does returning the money stop the charge?
No. While restitution may be viewed favorably during negotiations or sentencing, it does not erase criminal liability. Once the deceptive act has occurred, the legal system still views it as a completed offense.
Do I need a written contract to defend myself?
No. While written agreements help, courts often accept texts, emails, or even verbal conversations-especially if supported by credible witness testimony. Your defense can be built on a range of documentation.
Can business disputes lead to criminal charges?
Absolutely. When financial misunderstandings turn into accusations of fraud or intentional misrepresentation, even legitimate businesses can find themselves under investigation. It’s why documentation, timelines, and intent matter so much.
What if I was acting on behalf of someone else?
If you were misled or manipulated by a third party into making false claims unknowingly, you may have a viable defense. You must show that you did not have personal intent to deceive and acted in good faith based on information you were given.
How long does the state have to file charges?
In Nebraska, the statute of limitations for most theft offenses is four years. However, that window may be extended if the offense involves public funds, a breach of fiduciary duty, or was only discovered after a delay. Early legal consultation can help clarify these timelines.
How to Prevent Theft by Deception Allegations
Even if you've never been accused of a crime, understanding how these situations arise can protect you professionally and personally. Here are preventive steps that make a real difference:
- Use detailed written contracts for all services or transactions.
- Always provide proof of work completed, even if partial.
- Keep clear communication records (texts, emails, meeting notes).
- Be transparent about delays, costs, or scope changes.
- Involve a third party or legal advisor for large agreements.
Clarity, documentation, and open communication help avoid situations that may be misinterpreted or exploited later.
Impact on Your Record and Reputation in Nebraska
A charge of theft by deception can have long-lasting consequences, even if you’re never convicted:
- Background checks for jobs, loans, or rentals may flag the arrest.
- Professional licenses can be delayed or denied.
- Trusted roles in the community or volunteer work may be at risk.
- Even dismissed charges can affect public perception and future opportunities.
If you’re arrested, request that your attorney explore options for dismissal, record sealing, or avoiding public exposure. Your reputation matters, and early legal action helps protect it.
Final Takeaways
- Theft by deception charges in Lincoln hinge on proof of intent-not just unmet expectations
- Prosecutors must show that false representations were knowingly made for gain
- Defending against these charges starts with documentation, clarity, and counsel
- Many cases involve misunderstandings that escalate when communication breaks down
If you're facing accusations of theft by deception, act early. Legal guidance, not delay, gives you the best chance to resolve the case before charges escalate.
Call (402) 884-1031 or visit Stockmann Law to schedule a confidential consultation.
Your future, freedom, and reputation deserve experienced legal protection.
