Obtaining Property by False Pretenses NCGS § 14-100 Lawyer
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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.
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!
Frequently Asked Questions
It is a crime where a person knowingly makes a false representation to deceive someone into giving up money, goods, or property.
The statute criminalizes obtaining property by intentionally misrepresenting a past or existing fact with the intent to defraud another person.
A false pretense is a knowingly false statement or representation that is calculated to deceive and does in fact deceive the victim.
Prosecutors must show a false representation, intent to defraud, reliance by the victim, and that property was actually obtained.
Intent is typically proven through circumstantial evidence, patterns of conduct, false documents, or misleading statements.
False pretenses involve obtaining property through deception, while embezzlement involves lawful possession followed by unlawful conversion.
Larceny involves taking property without consent, while false pretenses involve consent obtained through deception.
Examples include check fraud, misrepresenting ownership, fake investment schemes, or selling goods that do not exist.
Yes. It is typically a Class H felony, but it can be elevated to a Class C felony in cases involving large sums or aggravating factors.
Penalties may include prison time, probation, fines, restitution, and a permanent felony criminal record.
You may be arrested, formally charged, and required to appear in court while prosecutors attempt to prove each legal element.
Yes. Charges may be dismissed due to lack of intent, insufficient evidence, unlawful searches, or procedural errors.
Most felony false pretenses charges must be brought within four years, though exceptions may apply in certain cases.
Common defenses include lack of intent, truthful statements, no victim reliance, or civil dispute rather than criminal fraud.
An experienced defense attorney can challenge the evidence, negotiate reductions, and protect your rights at every stage of the case.
