Obtaining Property by False Pretenses

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In North Carolina, obtaining property by false pretenses — using false statements to obtain money, goods, property, or services — is a serious crime. It’s also a broad crime in the sense that it can cover a huge range of individual actions. If you are facing a charge of obtaining property by false pretenses, you might understandably have trouble understanding exactly what you’ve been charged with.

Hiltzheimer North Carolina Obtaining-Property-by-False-Pretenses Attorney

If you’re facing charges, you should get in touch with an experienced North Carolina obtaining-property-by-false-pretenses NCGS § 14-100 lawyer. At Hiltzheimer Law Office, we’ve been defending the rights of the accused for over 20 years. Whether you’re facing a low-level misdemeanor, a serious felony, or anything in between, call us! Our firm is here for you even when you may think no one else is.

What Is Obtaining Property by False Pretenses NCGS § 14‑100 in North Carolina?

The definition of obtaining property by false pretenses in the North Carolina statutes includes several key elements:

You made a statement or other representation to someone else
You knew that representation was false
When you made that false representation, your goal was to deceive the other party
The other party was deceived by what you said, and they acted on it because they believed it was true
As a result, you either obtained property from the other party or attempted to obtain it

As is the case with many legal concepts, obtaining property by false pretenses is easier to understand by way of example.

Suppose that you need a new car. You offer to buy your friend’s older vehicle but say you can’t pay anything until you receive a paycheck next week. You ask your friend to sign the title over to you now and say you’ll pay him for the car next week. However, you have no intention of paying, and once the friend signs the car over to you, you leave town with it.

This situation illustrates the elements of a false pretenses case:

You made a false statement when you said you would pay for the car next week
You knew that statement was false when you made it
You made that false statement to deceive your friend into signing the title over to you before you paid for the car
Because your friend believed you when you said you would pay him next week, he signed the title over to you
Ultimately, you obtained the title of the car

This is just one example of obtaining property by false pretenses. False pretense cases can arise any time you use deception in order to gain something.

Classification and Penalties for False Pretense Charges in North Carolina

The laws on obtaining property by false pretense NC outline harsh penalties. This charge is always a felony, but the degree of the felony depends on the value of the money, goods, or property you stole or tried to steal. If the amount is less than $100,000, the offense is a Class H felony. However, if it is $100,000 or more, it is a Class C felony.

Gavel with handcuffs on opened book. Close up. Justice concept.

Defenses and Strategies Obtaining Property by False Pretenses

Whether you can beat a false pretenses charge often comes down to the experience and skill of your criminal defense attorney, and the strategy he uses. It’s easy to feel discouraged when the prosecution has a solid case against you, but remember that your lawyer doesn’t have to prove your innocence for you to be acquitted of obtaining property by false pretenses. A skilled criminal defense attorney may be able to negotiate a reduction of the charge, or as a best case scenario, an outright dismissal. If negotiations are not successful and the case is headed for trial, your attorney will build a defense to create reasonable doubt. Your lawyer might use these common defenses when arguing your case in court:

You did not lie or otherwise engage in any kind of false representations
You made an untrue statement due to a mistake of fact (and not an intent to deceive)
You did not intend to deceive the alleged victim

Sentencing and Consequences of a Class C Felony

If you are convicted, obtaining property by false pretense sentencing involves serious consequences. If you’re convicted of a false pretenses charge involving $100,000 or more, you can be convicted of a Class C felony. To give you an idea of just how seriously North Carolina treats fraud cases, this level of felony is more serious than armed robbery (a Class D felony). If you’re convicted of a Class C felony, you can spend up to 231 months in prison. However, while you will need to serve some active jail time, skilled false pretenses lawyers may be able to help you minimize your time behind bars, including efforts to negotiate a reduction of the lead charge.

However, the impact of a false pretense charge and conviction can follow you even after a prison sentence. You may be ordered to pay thousands of dollars in fines and restitution, and the stigma of a fraud or theft conviction can be hard to overcome.

Seeking Legal Counsel for False Pretenses Charges

If you’re at all familiar with state laws on obtaining property by false pretenses in NC, you know that any false pretenses charge in North Carolina is a serious one. It’s easy to fall into the trap of thinking you’ll receive a guilty conviction regardless. However, when you have a criminal defense attorney with experience defending people in obtaining-property-by-false-pretenses cases, you dramatically increase your chances of an acquittal or a negotiated resolution that avoids the most serious consequences you would otherwise face.

At Hiltzheimer Law Office, we take pride in building innovative, customized defense strategies. If you’re up against false pretenses charges, the best thing you can do for yourself is to find the right NC attorney for obtaining-property-by-false-pretenses charges. Give us a call to get started with a consultation today!

FAQ

Yes. This charge is always a felony charge, but the level of felony you’re charged with depends on the value of money or property you are accused of stealing or attempting to steal. For amounts of $100,000 and up, the criminal charge you’ll face is a Class C felony. If the amount is less than $100,000, the associated charge is a Class H felony.

Embezzlement and obtaining property by false pretenses are both theft crimes. However, the key difference between them has to do with how the stolen money or property is acquired. If someone has legal access to property that doesn’t belong to them (as they would in a position of trust) and they steal the property, they are guilty of embezzlement. However, if they steal property they had no previous legal access to, they’d likely be charged with obtaining property by false pretenses.

There are many scenarios in which you may be charged with obtaining property by false pretenses. One example is using a fraudulent check to make a purchase at a store. Another example is pawning off stolen goods at a pawn shop, where you are accused of deceiving the store owner into believing that you had rightful ownership of the items. Another example is by obtaining services based on a promise to pay (“check is in the mail”), but then failing to come through with the promised payment.