Raleigh Financial Crimes Attorney
Obtaining Property by False Pretenses
In North Carolina, it is a felony to obtain some sort of property (such as money, goods, or services) through false pretenses. Known as Obtaining Property by False Pretense (OPFP), this financial crime involves trickery and fraud. As a good example of OPFP, imagine that an individual took a stolen item to a pawn shop and exchanged the item for goods or money. The pawn shop owner likely believed that the individual was the legal owner of the item and was authorized to sell it. In this example, the individual obtained property by false pretenses.
With penalties ranging from Class H felony to Class C felony, this crime could result in extensive imprisonment if convicted. Therefore, if you or a loved one was charged with obtaining property by false pretenses, you need to contact a prominent and experienced Raleigh financial crimes attorney. We at Dewey Brinkley Law will tirelessly work to mitigate the damage of the charges brought against you, whether aggressively pursuing a not guilty conviction or making sure that you stay out of jail. For a free consultation with our felony crimes attorneys, call the Law Office of Dewey Brinkley in Raleigh today.
Definition of the North Carolina Law
Obtaining property by false pretenses falls under Article 19, “False Pretenses and Cheats” in the North Carolina General Statutes. This financial crime is grouped together with other types of theft that involve fraud, misrepresentation, or outright deception. Nonetheless, according to Article 19 § 14-100, obtaining property by false pretenses involves “knowingly and designedly by means of any kind of false pretense whatsoever, whether the false pretense is of a past or subsisting fact or of a future fulfillment or event, obtain or attempt to obtain from any person within this State any money, goods, property, services.”
What the Prosecution Must Prove
A major part of this crime involves intent, the “knowingly and designedly” part of the law’s description. In fact, for a person to be convicted of “obtaining property by false pretenses,” the prosecution must prove that the defendant knowingly intended to defraud. Furthermore, the courts must prove that the defendant obtained something of value, such as any “money, goods, services, chose in action, or other thing of value.” And lastly, there must be a causal relationship between the false pretenses and the “something of value.”
By knowing what the prosecution must achieve for a guilty conviction, we at Dewey Brinkley Law will diligently confront every aspect of the prosecution’s case. Some important defense strategies in this case include:
- Lack of intent
- Lack of evidence
- No connection between the pretenses and goods
- Defendant was under duress
- Contact the Law Office of Dewey P. Brinkley Today
Obtaining property by false pretenses can carry some very serious penalties. If the alleged crime involved more than $100,000, the defendant can be charged with a Class C felony punishable by 44 to 182 months imprisonment. If the alleged crime involved less than $100,000, the defendant can be charged with a Class H felony punishable by four and 25 months imprisonment.
Don’t lose your freedoms and contact the Raleigh financial crimes attorney at the Law Office of Dewey P. Brinkley. We ensure thorough, one-on-one communication that keeps you informed every step of the way, and we’ll work around-the-clock to ensure that your rights haven’t been violated and that your case is strongly presented to the courts. Call our Raleigh criminal defense law office today by dialing 919-832-0307. Free consultations are available.