False Pretense Charges in North Carolina

Based on a study conducted in North Carolina, obtaining property by false pretense was the most commonly charged non-violent crime alone in 2019, which accounted for over 22,297 criminal charges. Under the NC General Statutes Article 19 § 14-100, it’s an offense to obtain property from someone else by false pretense. The law says that a person is guilty of a felony if they designedly and knowingly use any false pretense to obtain or try to obtain property, money, goods, or services from someone within the state with the aim of defrauding or cheating the victim.

False pretense is similar to larceny of trick, which involves convincing someone to transfer their ownership of the property to you through deception, but they differ. Unlike larceny of trick, false pretense involves not only possession of the property, but also the possession of the property title.

False pretense may be a previous or subsisting reality. In other words, it might be your earlier discussions with the victim or the assumptions made by the victim, which you knew and failed to correct. It may also be a forthcoming gratification or occurrence. For instance, a person may lie about being part of a contract where they’ll provide property, goods, services, or money as a substitute for what the victim will offer them. There are other kinds of false pretenses. A scam, misinterpretation, or trick could result in these indictments. So, don’t hesitate to contact a criminal defense lawyer if you’re facing false pretense charges.

Individuals can commit the crime of obtaining property by false pretenses in various ways. Perhaps you:

• Used falsified or forged documents to obtain payment
• Executed an investment scam or Ponzi scheme
• Established a false business to perpetrate fraud
• Used someone else’s credit card to purchase goods or services illegally
• Used a false statement to receive a loan and more

The criminal charge of these offenses is a felony in NC. Yet the level of felony depends on the worth of the property you wrongfully received. If the property value you obtained or tried to obtain is over $100,000, then NC will charge the accused with a Class C felony. You will face mandatory active jail time if you are convicted of a Class C felony, which can be between 44 to 182 months, depending on prior convictions.

If the property value is below $100,000, then the accused will receive a Class H felony charge. A person who commits this crime must receive a jail term between four and 25 months. If you don’t have prior convictions, you may face community or intermediate punishment like probation. The punishment for a Class H felony may also be an active prison term.

Under North Carolina law, the significant part of false pretense involves intent (the “knowingly and designedly” part). For an individual to be convicted of a false pretense charge, the court must prove that the person intended to cheat or defraud. It is usually difficult to prove a person’s intent using direct evidence. The prosecutor will also prove that the defendant obtained money, goods, services, or anything of value.

In fact, they must prove that you perpetrated each essential piece of the offense of false pretense beyond any doubt. The court must prove that you:

• Represented another party
• Are aware that your representation was deceitful
• Intended to use the false representation to deceive or trick the person
• Deceived the other party by this representation
• Obtained or tried to obtain something of value from the person

If you or your loved one is facing false pretense charges, it would be best to call a criminal defense lawyer immediately. Due to the case facts, some critical defense strategies may include:

• There was no false representation
• There was a breach of contract
• There is a lack of evidence
• The charge is inappropriate
• There is a lack of intent
• You were under stress

A skilled attorney knows what it takes for the prosecutor to achieve a guilty conviction. The lawyer will work with you to fight your charges.