What is Obtaining Property by False Pretense?

Obtaining property by false pretense is a type of fraud that can result in serious legal consequences in North Carolina. This offense involves intentionally deceiving someone to obtain their property through false representation or pretense. This blog post will explore what obtaining property by false pretense means in North Carolina, the types of conduct that can give rise to this offense, and the potential consequences of a conviction.

What Exactly is Obtaining Property By False Pretense?

Obtaining property by false pretenses is a type of fraud that occurs when a person intentionally obtains someone else’s property through deceit or fraudulent representation. In North Carolina, obtaining property by false pretense is a criminal offense punishable under state law.

Under North Carolina law, obtaining property by false pretense occurs when a person is guilty of all three of the following:

• Obtains property belonging to another person
• Using a false representation or pretense
• With the intent to cheat or defraud the other person

To be considered false pretense, the misrepresentation or false statement must be a material fact that induces the victim to part with their property. This means the victim must have relied on the false representation to give up their property.

Examples of obtaining property by false pretense include:

• Someone pretends to be a contractor and offers to fix another person’s roof for a fee but takes the money and never does the work.
• An individual sells a car that they know has serious mechanical problems but falsely represents that the vehicle is in good condition.
• A person takes out a loan from a bank by providing false income information and documents.

Is Obtaining Property By False Pretenses a Felony?

In North Carolina, using false pretenses to obtain property is a criminal offense punishable under state law. Understanding the elements of this offense and the potential penalties for a conviction is crucial for anyone facing charges.

Obtaining property by false pretenses is a felony offense in North Carolina. The severity of the offense depends on the value of the property obtained. 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)

What Kinds of Penalties Could I Face for a Conviction?

Penalties for obtaining property by false pretenses in North Carolina can include imprisonment, probation, fines, and restitution to the victim.

A Class C felony can bring from 44 to 182 months of active punishment along with fines, community punishment, and other fees. A Class H Felony can bring from 4 to 25 months of community or active jail time.

Additionally, a conviction for this offense can bring serious consequences, including damage to one’s reputation and difficulty finding employment in the future.

How a Criminal Defense Lawyer Can Help

If you are facing charges for obtaining property by false pretenses in North Carolina, hiring a criminal defense lawyer is crucial. They can help you build a strong defense and protect your rights.

A criminal defense lawyer can:

• Investigate the circumstances of your case
• Analyze the evidence against you
• Identify potential defenses that may be available to you

Defend against charges of obtaining property by false pretenses in North Carolina with the following possible defenses:

Mistake of Fact

If you obtained the property based on a mistaken belief about the facts, you may be able to argue that you did not commit obtaining property by false pretenses.

Duress

If you were forced to obtain the property by someone else under threat of harm or injury, you may be able to argue that you did not commit obtaining property by false pretenses.

Coercion

Suppose someone coerced or manipulated you into obtaining the property through false representation or pretense. In that case, you may be able to argue that you did not commit obtaining property by false pretenses.

Entrapment

Suppose law enforcement officers induced you to obtain the property through deceit or false representation. In that case, you may be able to argue that you were entrapped and did not commit obtaining property by false pretenses.

Lack of Knowledge

Suppose you were unaware that the representation or pretense you used to obtain the property was false or misleading. In that case, you may be able to argue that you did not commit obtaining property by false pretenses.

Good Faith Belief

Suppose you genuinely believed that you had a right to the property or that the representation you made was true. You may be able to argue that you did not commit obtaining property by false pretenses.

Consent

Suppose the victim willingly gave you the property. You may be able to argue that you did not commit obtaining property by false pretenses.

Insufficient Evidence

Suppose the prosecution does not have enough evidence to prove that you committed obtaining property by false pretenses. You may be able to argue that the charges should be dismissed.

If you face charges, a criminal defense lawyer to help you build a strong defense and protect your rights. By exploring potential defenses, you may avoid a conviction or reduce the severity of your penalties.

Experienced Criminal Defense Attorney Can Help

If you or a loved one are facing charges for obtaining property by false pretense in North Carolina, contact Scharff Law Firm today! Our knowledgeable criminal defense attorney can help you navigate a complex legal system. Facing charges can feel overwhelming, and having the right lawyer on your side can make all the difference.

At Scharff Law Firm, we are committed to providing you with the best legal options and possible defense. We have a proven track record of success helping others avoid harsh penalties and active jail time. Our years of experience defending clients against criminal offenses enables us to offer you your best outcome!

If you want to protect your rights and achieve the best possible outcome in your case, don’t hesitate to contact us today to schedule a consultation.