What Does False Pretense Mean in North Carolina?

In North Carolina, the term “false pretense” refers to a specific kind of deceit. It’s a criminal act where someone intentionally misrepresents facts or creates lies to gain property or money from another person. This concept is crucial for anyone in North Carolina to understand, as it shapes how fraud and deception are viewed and punished under the state’s law. Let’s dive into what false pretenses mean in North Carolina.

Definition of False Pretenses in North Carolina Law

In North Carolina, false pretenses is a crime that involves deception to unlawfully obtain property or money. It’s different from general fraud or deceit. The law focuses on the intention to mislead and the success in acquiring someone else’s property through that deceit.

This crime is outlined under North Carolina General Statutes. The statutes define false pretenses as any deliberate misrepresentation or statement of untruth to convince another person to part with something of value. It could involve lying about a material fact or creating a false impression.

To grasp this concept better, let’s look at a simple example. Imagine someone selling a car by falsely claiming it’s never been in an accident. If the buyer purchases the vehicle based on this lie, the seller could be charged with false pretenses.

False pretenses differs from mere broken promises or unfulfilled statements about future events. The law specifically targets deceptive claims about past or present facts. For instance, promising to perform a service in the future and failing to do it is typically not a false pretense.

The uniqueness of false pretenses crimes in North Carolina lie in their focus on the act of deception and the success in unlawfully gaining from the deception. This crime carries serious implications, making it vital for residents to understand what constitutes such an offense under state law.

Elements of False Pretenses Offenses

Certain vital elements must be present for a false pretenses offense in North Carolina. These elements establish the foundation of the crime and are critical for legal proceedings.

The following five elements distinguish a legitimate business transaction from a criminal deception. All five elements must be present for a conviction.

1- False Representation: Misrepresentation of a Material Fact

The accused must have made a false statement about an important fact. This isn’t just any statement but one that significantly impacts the victim’s decision-making. For example, falsely claiming that a used car is new is a misrepresentation of a material fact.

2- Knowledge of Falsity

The person making the false representation must know that it is false. It’s not enough that the statement was untrue; the person must have been aware of its untruthfulness at the time. If someone unknowingly sells a car with hidden defects, it might not qualify as false pretenses.

3- Intent to Deceive

There must be an intention to deceive the other party. This element focuses on the perpetrator’s mindset and distinguishes between intentional deceit and honest mistakes.

4- Reliance by the Victim

The victim must have relied on the false statement when deciding to part with their property or money. If the victim was unaware of the misrepresentation or did not consider it in their decision, the element of reliance is not satisfied.

5- Resulting in Loss

Finally, the victim’s reliance on false pretenses must lead to a loss. This loss could be in the form of money, property, or any other valued asset.

North Carolina General Statutes, particularly NCGS § 14-100, lay out these elements. This statute defines obtaining property by false pretenses as a crime, outlining what constitutes such a deception.

It’s essential for anyone facing or accusing someone of false pretenses in North Carolina to understand the above elements. They form the basis of legal arguments and are crucial in determining the outcome of such cases.

The Legal Process of Facing Charges

Arrest and Charges

The journey begins with an arrest based on probable cause. Formal charges are filed post-arrest, and the accused learns about their rights and the specifics of the charges.

First Appearance and Bail

After arrest, the accused makes their first court appearance. Here, they are informed of the charges and their right to legal representation. Bail may be set depending on the case’s specifics and the individual’s background.

Discovery Process

Both defense and prosecution engage in the discovery process, exchanging evidence and information. This phase is crucial for building a defense strategy based on the prosecution’s evidence.

Pre-Trial Motions

Before the trial, various legal motions may be filed. These can include requests to dismiss the case or suppress certain evidence.

Plea Negotiations

The defense and prosecution will engage in plea negotiations to see if the case can be resolved without a trial. While a defense attorney will advise a client about a plea and whether they believe the client should accept it, ultimately the decision to accept or reject a plea is solely up to the client. 

Trial

The case will be presented before a judge or jury if it proceeds to trial. The prosecution is tasked with proving the accused’s guilt beyond a reasonable doubt, focusing on each element of false pretenses charges.

Sentencing

In the event of a guilty verdict, sentencing follows. False pretenses is classified as a felony in North Carolina, and penalties can include imprisonment, fines, or both. The severity of the sentence depends on the case’s specifics and the person’s past criminal record.

Appeals

Post-conviction, the accused has the right to appeal. This is not a new trial but a review of the trial’s proceedings to identify potential legal errors.

Probation and Parole

Some individuals may receive probation or qualify for parole. These options involve specific conditions and are considered for early release or alternative sentencing.

Restitution

The court might order the guilty party to pay restitution, compensating the victim for their financial losses due to the false pretenses.

Impact on Future

A conviction can impact various aspects of your future life, including employment and housing opportunities, relationships, credit ratings, carrying a criminal record, and more.

For those facing charges, seeking legal counsel is crucial. An attorney can guide through the legal complexities, protect the accused’s rights, and provide a robust defense.

Charges and Penalties for False Pretenses Crimes

False pretenses crimes in North Carolina are taken very seriously due to their deceptive nature and the harm they can cause to victims. The charges and penalties vary based on the severity and specifics of each case.

False Pretenses as a Felony

In most cases, a false pretenses charge is classified as a felony. If the value of the money, goods, property, services, or other thing of value is one hundred thousand dollars ($100,000) or more, a violation is a Class C felony.

If the value of the money, goods, property, services, or other thing of value is less than one hundred thousand dollars ($100,000), a violation is a Class H felony. (1)

Examples and Corresponding Punishments

Small-Scale Fraud

For a lower-value fraud, such as selling counterfeit goods worth a few hundred dollars, the charge might be a Class H felony. This could result in a sentence of 4 to 30 months of imprisonment.

Identity Theft

If false pretenses involves identity theft to obtain credit or purchase items, you could face charges as a Class G felony. This may lead to 8 to 31 months of imprisonment, plus restitution to the victims.

Large-scale Investment Scams

For more significant frauds, like an investment scam defrauding multiple people of large sums, the punishment could be at the higher end of the felony scale. This might involve longer prison sentences and substantial fines, reflecting the greater harm caused.

Factors Influencing Sentencing

• Previous Criminal Record: An individual with a history of similar offenses might face harsher penalties.
• Amount Defrauded: Larger sums of money or more valuable property in the crime typically result in more severe punishments.
• Impact on Victims: The court may consider the extent of harm or loss suffered by the victims.

Restitution and Probation

Beyond imprisonment, courts often order offenders to pay restitution to their victims. This is an effort to compensate for the financial losses incurred. In some cases, especially for first-time offenders or lower-severity crimes, probation may be offered instead of, or in addition to, prison time or even dismissal if the person charged can quickly pay back the entire restitution and has no prior criminal record. 

The wide range of potential charges and penalties for false pretenses in North Carolina underscores the importance of understanding the legal implications of these actions.

Those charged with false pretenses or similar charges need competent legal advice to navigate the complexities of the law.

Differences Between Criminal Acts Similar to False Pretenses in North Carolina

In North Carolina, various criminal acts similar to false pretenses, each with distinct legal definitions and penalties, are defined in state statutes. Here’s an overview of some of these crimes:

False Pretenses (NCGS § 14-100)

This involves obtaining property through intentional misrepresentation of a fact. For example, someone selling fake collectible items as genuine.

Larceny by Trick (NCGS § 14 – 72)

Though not a separate crime from common law larceny, “larceny by trick” describes cases where possession of stolen goods is obtained by fraud or deception.

An example is convincing someone to lend you an item with a false story and then keeping it. The legal theory is that the taking was without consent because it resulted from a trick or deception​​.

Embezzlement (NCGS § 14-90)

This involves unlawfully taking property already in one’s lawful possession, often by someone in a position of trust.

For instance, a company’s employee diverts funds for personal use.

Insurance Fraud (NCGS § 58-2-160 and § 58-2-161)

This encompasses making a false statement to procure or deny the benefit of an insurance policy or certificate. An example is exaggerating damages in a claim to receive higher compensation.

The above crimes involve an element of deceit but differ based on

• Nature of the deceit
• Type of property involved
• Perpetrator’s relationship with the property

Understanding these distinctions is crucial for anyone involved in such crimes in North Carolina, as it influences the legal approach and potential penalties.

An Experienced Criminal Defense Attorney Can Help

At Scharff Law, our criminal defense lawyers are adept in navigating the complexities of North Carolina criminal law, particularly in cases involving the unlawful taking of another’s property.

Whether the accusation involves a misrepresented or distorted fact, our team understands the significance of every word in defending your reputation. 

Defending against allegations of defrauding to obtain goods or manipulating the truth to gain ownership requires a deep knowledge of the laws governing each specific matter. Our lawyers, experienced in cases from misdemeanors to more severe felony-level accusations, recognize the obligation to protect your rights as the defendant. 

In every situation, our goal is to ensure justice, generally by challenging the elements of the accusation and the ownership of the goods in question.

Being convicted can carry heavy consequences, so having a lawyer skilled is crucial. This is especially true in cases where you might be subject to paying restitution. But even more so when it comes to securing your freedom.

With Scharff Law, you’re not just hiring a criminal defense lawyer; you’re gaining an advocate committed to protecting your rights under the law. Get in touch today and find out how we can help you face your charges with confidence.