Rowan county - Obtaining property by false pretenses- Criminal Defense Attorney
North Carolina Obtaining Property by False Pretenses Law and Penalties
North Carolina law makes it a crime for a person to obtain something of value from another person by means of any kind of false pretense. For a person to be guilty of obtaining property by false pretenses, the following elements must be proven:
The most common examples of this crime is when a person takes an item of the shelf and takes it to customer service and tries to return the item, or when a person sells an item to a pawn shop that they do not actually own.
If the value of the thing obtained is $100,000 or more, the person is guilty of a Class C felony. A person who commits a Class C felony must be sentenced to punishment between 44 and 182 months, depending on prior convictions, and this punishment must be active jail time.
If the value of the thing obtained is less than $100,000, the person is guilty of a Class H felony. A person who commits a Class H felony must be sentenced to punishment between four and 25 months, depending on prior convictions. A person with no prior convictions may receive community or intermediate punishment, such as probation. However, any person who commits a Class H may receive active jail time as punishment.
Defense Strategies
When you work with a local criminal defense strategy, they will be able to assist you in determining the best course of action for your case, whether this means negotiating a plea agreement to avoid a prison sentence or fighting the charges at trial.
If you are accused of obtaining property by false pretenses, you need someone on your side who is interested in getting you out of this situation with minimal impact on your life. Contact our offices today to discuss how we might be able to help.
ARL-Law's main purpose is to obtain the best outcome for our clients.
Please contact ARL-Law at (704) 222-7525 for a FREE consultation.
North Carolina law makes it a crime for a person to obtain something of value from another person by means of any kind of false pretense. For a person to be guilty of obtaining property by false pretenses, the following elements must be proven:
- the defendant made a representation to another.
- this representation was false.
- this representation was calculated and intended to deceive.
- the victim was in fact deceived by this representation.
- the defendant thereby obtained or attempted to obtain property from the victim.
The most common examples of this crime is when a person takes an item of the shelf and takes it to customer service and tries to return the item, or when a person sells an item to a pawn shop that they do not actually own.
If the value of the thing obtained is $100,000 or more, the person is guilty of a Class C felony. A person who commits a Class C felony must be sentenced to punishment between 44 and 182 months, depending on prior convictions, and this punishment must be active jail time.
If the value of the thing obtained is less than $100,000, the person is guilty of a Class H felony. A person who commits a Class H felony must be sentenced to punishment between four and 25 months, depending on prior convictions. A person with no prior convictions may receive community or intermediate punishment, such as probation. However, any person who commits a Class H may receive active jail time as punishment.
Defense Strategies
When you work with a local criminal defense strategy, they will be able to assist you in determining the best course of action for your case, whether this means negotiating a plea agreement to avoid a prison sentence or fighting the charges at trial.
If you are accused of obtaining property by false pretenses, you need someone on your side who is interested in getting you out of this situation with minimal impact on your life. Contact our offices today to discuss how we might be able to help.
ARL-Law's main purpose is to obtain the best outcome for our clients.
Please contact ARL-Law at (704) 222-7525 for a FREE consultation.
