False Pretenses

What is false pretenses? (NCGS § 14-100)

North Carolina prohibits "obtaining property by false pretenses" under criminal code § 14-100. The law as written is broad and casts a wide net.

Here's an excerpt:

  • "If any person [...] 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, [...] with intent to cheat or defraud any person [...] such person shall be guilty of a felony."

Many forms of theft are prohibited under North Carolina's false pretenses law.

One example is shoplifting an item from the store and then attempting to pawn it for cash. Another example is forging a HUD mortgage document, in which case the forger, under false pretenses, attempts to get a loan. Related cases may involve obtaining signatures on documents by false pretenses, obtaining advances by promises to work that go unfulfilled, and obtaining property in return for bad checks, among others.

Essentially, if you have been arrested and charged with false pretenses, the government believes that you have made a false statement in order to obtain cash, a loan, or other goods and services.

What is the punishment for false pretenses?

Just the intent to defraud is enough - it is not necessary for the government to prove that a person was successful in obtaining money, goods, property, or services. As with other criminal charges, the specific punishment (if convicted and sentenced) will vary from case to case.

A false pretense charge is a felony offense:

  • Cases involving more than $100K are Class C felonies
  • Cases involving less than $100K are Class H felonies

Class C felonies are higher in terms of severity of punishment; given the greater dollar amount involved, these offenses may impose months - perhaps even years, depending on the situation - of prison time. On the other hand, Class H felonies (false pretenses charges involving less than $100K) generally do not mandate prison time, and may allow for other results, like a reduction in charges and probation.

Whether it's a Class C or a Class H felony, a criminal defense attorney can help work for the best possible result under the circumstances.

Contact Roberts Law Group in Raleigh, North Carolina

If you've been charged with false pretenses (or the related crimes of larceny and embezzlement), call the defense lawyers of Roberts Law Group. We represent clients throughout North Carolina, from the mountains to the coast, with offices in Raleigh, Charlotte, Greensboro, and Wilmington.

Feel free to scroll through our list of theft cases we've handled to see the results we've won for former clients in a variety of scenarios involving property crimes. For example, in a false pretenses case we handled involving mistaken identity, our client faced 48-64 months in jail, and we won dismissal of charges.

To schedule an appointment, or to speak with us about your case over the phone, call 877-880-5753. You can also get in touch by email.

North Carolina vs. M.W.
Charge: Charge: Robbery with A Dangerous Weapon (4 Counts), First Degree Burglary, Conspiracy to Commit Robbery with A Dangerous Weapon
Facing: 12 - 17 years in prison
Result: Dismissed

An incarcerated defendant accused our client of participating in the robbery of a group of youth at a party. We were able to raise doubt as to the credibility of this individual. In the end, the prosecutor dismissed these charges, citing a lack of evidence.