If you’re accused of obtaining property by false pretenses in North Carolina, you might feel like the world just flipped upside down. Suddenly, you’re being judged for your intentions, your character, and your story.
You may be wondering how serious this is or what your options are. This charge isn’t just about a misunderstanding; it’s a felony, and the consequences can change everything about your future.
Whether you’re accused of lying to get money, tricking someone into a contract, or using someone else’s identity, these cases often come down to what someone believes you meant to do. That makes it personal and complicated.
At Scharff Law, we help you understand what you’re really facing and how to respond. Here’s what you need to know right now to protect your future and move forward with clarity.
What Are False Pretenses Anyway?
If you’re facing a charge for obtaining property by false pretenses, it isn’t just about lying; it’s about intent, value, and whether the other person believed what you said enough to hand something over.
In North Carolina, this offense is a felony, not just a misunderstanding. And courts in Wake County and across the state take it seriously.
The Legal Definition in North Carolina
Under North Carolina law, a person commits the crime of obtaining property by false pretenses when they:
- Make a false representation about a past or existing fact
- Do so with the intent to defraud someone
- And actually obtain property, money, or services as a result
The key difference between this and larceny is that the victim willingly gives the item or money to the defendant, but only because they were misled.
This can include things like:
- Telling someone you’re a licensed contractor and getting paid before doing any work
- Claiming you own a car and selling it when it’s not yours to sell
- Giving a false statement to get access to someone’s credit or accounts
The court doesn’t look at how convincing your story was. It looks at what a reasonable person would believe and whether you used deception to get something of value.
Examples That Could Lead to Charges
You might think this kind of crime only occurs in large-scale corporate scams or with forged documents, but that’s not the case.
Right here in Raleigh, people are charged for things like:
- Renting out property they don’t actually own
- Selling used electronics and claiming they’re brand new
- Promising to perform services, like landscaping or repairs, and never showing up
If the property obtained had value, and the false promise or statement led to someone giving it up, then a charge may follow.
The law focuses on the intent and the course of conduct, not whether the defendant followed through later.
What’s the Court Looking For?
To get a conviction, the court must see clear proof of four elements:
- There was a false representation
- It was about an existing fact or past event
- The person making the claim did it intentionally to defraud
- The valuable thing, like personal property, money, or services, was actually obtained
The judge or jury doesn’t have to believe the victim was tricked by a genius scheme. Just that the false conduct influenced the decision to hand over property or title.
It’s not enough to be wrong or mistaken. There has to be intent to deceive, and that’s often what the case hinges on.
Why This Charge Matters
A conviction for obtaining property by false pretenses is a felony in North Carolina. That means possible imprisonment, loss of future job opportunities, and a possibly permanent mark on your record.
And because this offense is based on your words and conduct, it’s something that could impact your credibility for years. That’s why it’s so important to respond to this charge with the right legal support.
At Scharff Law, you can speak with someone who understands both the law and the local court system. We help you build a defense that looks at intent, truth, and the circumstances around what really happened.
Call or text Scharff Law today at (919) 457-1954 to schedule a free consultation. We’ll listen, answer your questions, and help you protect your future.
What Type of Crime Is Obtaining Property by False Pretenses? What Are the Penalties in NC?
If you’re facing an obtaining property by false pretenses charge, you’re likely worried about what it means and what could happen next.
Understanding the charge helps you prepare for what’s ahead and makes a huge difference in how your case unfolds.
Misdemeanor or Felony? It Depends on the Value
In North Carolina, the level of this crime is based on the value of the property obtained.
- If the value is less than $100,000, the offense is a Class H felony.
- (If the value is $100,000 or more, the offense is a Class C felony.)
You don’t have to take a huge amount to face a felony charge. Courts in Wake County have convicted people based on relatively small amounts if the intent to defraud is clear.
A Class H felony can carry penalties like:
- Up to 39 months of imprisonment, depending on your criminal history
- Probation or supervised release
- Restitution to the true owner or victim
- Permanent felony record
The court will also look at your past conduct, whether there’s a pattern of fraudulent behavior, and the impact on the victim.
What If You Didn’t Mean to Defraud?
Intent is central to this charge. If a mistake or misunderstanding led to the situation, your attorney can challenge whether the false representation was actually meant to defraud.
Sometimes, it comes down to how a reasonable person would interpret your actions and whether you had a legitimate belief in what you said.
The court must see more than just a bad deal or broken promise; it must see an intentional scheme to mislead.
For example, if you sold someone a car and didn’t disclose that the title was missing or that the bank still had an interest, that could lead to this charge. But if you didn’t understand the paperwork or genuinely thought you had the right to sell it, that could change things.
Why This Charge Shouldn’t Be Taken Lightly
Even if you’ve never been arrested before, a conviction for obtaining property by false pretenses can follow you for years. It could affect your:
- Housing applications
- Job opportunities
- Credit
- Reputation in your community
In Raleigh and surrounding areas, courts take fraud charges seriously. Prosecutors may point to a history of similar conduct, even if it didn’t lead to past convictions.
And because this is a felony offense, the consequences can’t be sealed or erased easily.
If you’re being accused of this crime, it’s critical to understand your rights, the specific elements of the charge, and what defenses are available to you.
Find Experienced Help for “Obtaining Property by False Pretenses” Charges in North Carolina
If you’ve been charged with obtaining property by false pretenses in Raleigh, you may feel like everything is on the line.
The law is complex, the stakes are high, and the way forward can feel anything but clear.
We’re here to help you understand the charge, protect your rights, and guide you through every part of the legal process.
What We Do for You
At Scharff Law, we focus on giving you the personal attention you deserve. We don’t treat you like a case number.
We take time to listen to your side, gather facts, and build a strong defense based on your unique situation. In every case, we aim to reduce the impact on your life and future.
Our team helps you:
- Understand the exact charge and what’s at risk
- Review evidence and challenge the parts that don’t add up
- Prepare for every court appearance with confidence
- Make smart decisions at each step of the process
You deserve clear answers and real support, not confusing terms or rushed decisions.
How We Build a Defense
Every charge involves different facts, but the law requires the prosecution to prove intent. That gives us room to defend your actions and motives.
We look at:
- Whether the statements were truly false or misleading
- If there was a clear intent to defraud
- What the other person believed and why
- How the exchange took place
- Whether the property or money was voluntarily given
We work to uncover the full story. Then we use that to challenge assumptions and protect your record.
Why Local Experience Matters
Raleigh courts (and Wake County prosecutors) can be aggressive with fraud-related cases. However, they don’t know your life, character, or intent.
We know how local courts operate. We know how to talk to district attorneys and judges. And we’re not afraid to push back when something doesn’t add up.
If you’re facing this kind of charge, your next steps matter. Talking with someone who understands both the law and the local court system makes a difference.
Call or text Scharff Law today at (919) 457-1954 to schedule a free consultation. We’ll listen, answer your questions, and help you protect your future.
