What Does it Mean to Be Charged with Obtaining Property by False Pretenses in North Carolina?

If you’ve been charged with “Obtaining Property by False Pretenses” in North Carolina, you might be confused. It sounds old-fashioned, but it’s actually a very common and broad charge used by prosecutors in situations involving alleged deception for financial gain. It can cover everything from bouncing a check (in some cases) to elaborate investment schemes. Because it’s so broad, facing this charge in Greensboro, Winston-Salem, High Point, or anywhere in the state can be particularly stressful. What exactly did you supposedly do wrong? What could happen?

Understanding this specific North Carolina law is crucial for mounting an effective defense. Here at Huggins Law Firm, our team frequently handles complex Criminal Law cases, including various types of financial fraud. We know that accusations of false pretenses often involve misunderstandings, broken promises rather than intentional lies, or situations where proving criminal intent is difficult. We’re here to help you understand the charge and fight for your rights.This page focuses specifically on Obtaining Property by False Pretenses under NC law. For information on other related financial crimes, please see our main guide: Understanding White Collar & Financial Crimes in North Carolina.

How Does North Carolina Law Define “Obtaining Property by False Pretenses”?

The main law is North Carolina General Statute § 14-100. While the legal language is dense, it essentially means it’s illegal to get something of value (like money, goods, services, credit, etc.) from someone else by:

1. Knowingly and intentionally making a false representation (telling a lie or creating a false impression);
2. About a past or existing fact (not just an opinion or a promise about the future);
3. With the intent to deceive or defraud the victim;
4. And the victim is actually deceived and gives up their property because of that false representation.

Let’s break down those key parts:

• False Representation: This is the lie or misleading statement. It has to be about something concrete, a fact. Puffing up a product (“This is the best car ever!”) might not count, but lying about its accident history probably would.
• Past or Existing Fact: This is important. Generally, simply making a promise about something you’ll do in the future and then failing to do it isn’t false pretenses (it might be a breach of contract in civil court). The lie must usually be about something that is true or was true at the time you made the statement. However, North Carolina courts have sometimes found that making a promise about the future with no intention whatsoever of keeping it at the time you make it can qualify as a false representation of an existing fact (your current intent). This is a tricky legal area.
• Intent to Deceive: The prosecutor must prove you meant to trick the person. An honest mistake or a statement you genuinely believed was true (even if it turned out to be wrong) lacks the required criminal intent.
• Actual Deception & Reliance: The victim must have actually believed your false statement and given you the property because of that belief. If they knew you were lying, or gave you the property for a completely different reason, the charge might fail.
• Obtaining Something of Value: You must have actually received property, money, services, or some other benefit as a result of the deception.

Because it covers so many situations where someone feels tricked out of property, this charge is a go-to for prosecutors in complex fraud cases.

What Are Some Common Examples of False Pretenses Charges in NC?

This charge can apply in a huge variety of situations. Here are some common scenarios we see in areas like Greensboro, Winston-Salem, Burlington, and Asheboro:

• Contractor Fraud: Taking a large down payment for home repairs with no intention of actually doing the work, or lying about the materials used.
• Bad Checks: Writing a check knowing you don’t have sufficient funds might be charged as false pretenses if it’s used to immediately obtain goods or services (though there are also specific worthless check laws).
• Investment Schemes: Convincing someone to invest money in a business opportunity by lying about its profits, assets, or existence.
• Selling Fake or Stolen Goods: Representing counterfeit merchandise (like fake designer bags) or stolen property as legitimate.
• Loan Fraud: Providing false information about income, assets, or employment on a loan or credit application.
• Insurance Fraud: Lying about how damage occurred or exaggerating losses to get a larger insurance payout.
• Charity Scams: Soliciting donations for a fake charity or misrepresenting how donations will be used.

Essentially, any situation where a lie about a current or past fact is used to trick someone into giving up property can potentially lead to an Obtaining Property by False Pretenses charge.

What Are the Penalties for Obtaining Property by False Pretenses?

Like embezzlement, North Carolina classifies this crime as a felony, and the severity depends on the value of the property obtained:

• Value of $100,000 or More: This is a Class C felony, carrying the potential for substantial prison time.
• Value Less Than $100,000: This is a Class H felony. A conviction can still lead to active jail time, supervised probation, large fines, and mandatory restitution.

A Hidden Statistic: While headline-grabbing investment frauds involve huge sums, a significant number of false pretense cases involve smaller amounts related to things like contractor fraud or bad checks used for goods/services. What many people don’t realize is that multiple small offenses can sometimes be aggregated (added up) by the prosecution to meet the threshold for a higher-level felony if they occurred as part of a single scheme or plan. ([Source: Legal principles of aggregation in fraud cases, often discussed in court opinions or legal treatises, not typically public stats]). This means even seemingly minor deceptions can potentially lead to very serious felony charges if a pattern is alleged.

Other Consequences: Beyond the criminal penalties, a conviction for a crime involving dishonesty like false pretenses has severe collateral impacts:

• A permanent felony record.
• Extreme difficulty finding jobs requiring trust or financial responsibility.
• Loss of professional licenses.
• Damage to personal and business reputation in the community (whether you’re near Greensboro, Graham, or Kernersville).
• Potential civil lawsuits from the victims.

How Can a Lawyer Defend Against False Pretenses Charges in North Carolina?

Because Obtaining Property by False Pretenses requires the prosecutor to prove several specific elements, especially your intent, there are often strong avenues for defense. An experienced North Carolina criminal defense lawyer will carefully analyze the facts and evidence to build the best defense, which might include:

1. Lack of Intent to Deceive: This is frequently the most critical defense. Can the state prove you intended to trick the alleged victim?
   • Was the statement an honest mistake or based on information you believed was true?
   • Was it merely sales puffery, an opinion, or an expression of hope, rather than a statement of concrete fact?
   • Did circumstances change after you made a statement or promise, preventing you from fulfilling it (e.g., a contractor facing unexpected supply issues)?
2. Statement Was Not False / Was Not About a Past or Existing Fact: Was the statement actually true? Or was it a promise about future actions? While the line can blur if a future promise was made with no intent to perform, generally, a simple broken promise is a civil matter (breach of contract), not a criminal one. Your lawyer will scrutinize the exact nature of the representation made.
3. Victim Was Not Deceived or Did Not Rely on the Statement: Did the alleged victim know the statement was false but gave you the property anyway? Did they rely on their own investigation or a different reason entirely for the transaction? If the false statement wasn’t the reason they parted with their property, the charge might fail.
4. Lack of Evidence: Does the prosecution have sufficient proof (documents, credible witnesses) to establish every single element beyond a reasonable doubt?
5. Authorization: In some contexts, did you have authority to act or make certain representations?
6. Valuation Issues: Challenging the prosecution’s valuation of the property obtained might potentially reduce a Class C felony to a Class H felony, significantly impacting potential penalties.

A lawyer familiar with how these cases are prosecuted in the local courts (Guilford, Forsyth, Alamance, Randolph counties, etc.) can effectively challenge the state’s case and negotiate for a better outcome.

Key Takeaways for North Carolina False Pretenses Charges (NCGS 14-100)

• Involves getting property by intentionally making a false statement about a past or existing fact to deceive someone.
• It’s a broad charge covering many types of fraud (contractor, investment, bad checks, etc.).
• Penalties are felonies based on value (Class C for $100k+, Class H for less).
• Proving intent to deceive and actual reliance by the victim is crucial for the prosecution.
• Defenses often focus on lack of intent, the nature of the statement (opinion vs. fact), or lack of reliance.
• A conviction brings severe long-term consequences beyond legal penalties.
• Do not talk to investigators without legal counsel.
• Hire an experienced NC criminal defense lawyer immediately.

Call to Action:

An accusation of Obtaining Property by False Pretenses is a serious felony charge that requires a serious defense. If you’re under investigation or have been charged in Greensboro, Winston-Salem, or the surrounding Piedmont Triad area, contact the Huggins Law Firm immediately. Our experienced Criminal Law team understands how to fight these complex financial charges. Call us for a confidential consultation to protect your rights: Contact link.