Obtaining property by false pretenses
This charge covers getting money, goods, services, or anything of value by a false statement or false act meant to deceive. Examples include selling something you do not own, writing a false loan application, or taking a deposit for work you never meant to do. It is a felony, and the class depends on the value.
The State must prove the statement was false, that you knew it was false, and that you meant to cheat or defraud. Under the statute, failing to keep a contract promise is not, by itself, proof of intent to defraud.
Forgery and uttering
- Forgery is falsely making or altering a document, such as a check, contract, or deed, with intent to defraud.
- Uttering is passing, using, or trying to use a document you know is forged, such as cashing a forged check.
Both are felonies. A key question is knowledge. A person who cashes a check given to them by someone else may not have known it was forged. Handwriting, bank video, and how the document came to you all matter.
Credit card and debit card fraud
North Carolina’s financial transaction card laws cover stealing a card or the data on it, using a card without the owner’s permission, using a card you know is expired or revoked, and merchants who process fake transactions. Some of these charges are misdemeanors and some are felonies, depending on the conduct and the amount.
These cases often depend on store video, IP addresses, delivery addresses, and phone data. Many people share devices, accounts, and addresses, so showing who actually made a transaction can be harder than the report suggests.
Identity theft
Identity theft is knowingly getting, possessing, or using another person’s identifying information, such as a name with a Social Security number, a bank account number, or a driver’s license number, with intent to fraudulently represent yourself as that person to get something of value or avoid legal consequences. It is a felony in North Carolina.
Many identity theft cases start when a person sees an account they do not recognize on a credit report. The person accused is often someone close to them, such as a relative, roommate, or former partner. Common defenses include lack of intent to defraud, such as when a family member allowed you to use an account, and mistaken identity in online cases.
Worthless checks and related charges
Writing a check knowing there is not enough money or credit to cover it can be a crime, usually a misdemeanor, with more serious treatment for repeat offenses, a closed account, or a large check. Paying what is owed may matter, but get advice before you pay. Keep copies of every notice you receive and every payment you make.
State or federal
Fraud, forgery, card fraud, and identity theft are often charged in state court. The same conduct can be charged federally when it involves banks, the mail, interstate wires, many victims, or federal agencies. Aggravated identity theft is a separate federal charge that carries a mandatory prison term on top of the main sentence. If federal agents contact you, see our federal pages and call a lawyer right away.
How we defend these cases
We investigate rather than process. We don’t accept the police report as fact. We get the bank records, video, device data, and account histories, and we check whether they show you, or only someone using your name, card, or address. We test the State’s loss figures, since value can change the felony class. We tell clients the hard truth, and we prepare every case as though it is going to trial. Before you talk to a bank investigator, police, or a store, call us at (336) 281-2008 or request a consultation. Hablamos español.
This page is general information about North Carolina law, not legal advice. Every case is different, and no lawyer can promise a result.
Questions people ask us
Is identity theft a felony in North Carolina?
Yes. Identity theft is a felony in North Carolina. The State must prove you knowingly used another person's identifying information with intent to pass yourself off as that person to get something of value or avoid legal consequences.
What is the difference between forgery and uttering?
Forgery is making or altering a false document. Uttering is using or passing a document you know is forged. A person can be charged with one or both.
What if a family member let me use their card or account?
Permission matters. Card fraud charges generally require that you used the card without the holder's permission, and permission also bears on whether you meant to defraud. If a relative later claims you had no permission, texts, past practice, and who paid the bills can help show what was agreed.
Can I be charged for cashing a check someone gave me?
You can be charged, but the State must prove you knew the check was forged or worthless and meant to defraud. How you got the check and what you were told are important facts.
Can these charges become federal cases?
Yes. The same conduct can be charged in federal court when it involves banks, the mail, interstate wires, or federal agencies. Federal aggravated identity theft carries a mandatory added prison term.