Criminal Defense for False Pretense Charges in Raleigh, NC

Felony vs. Misdemeanor False Pretense Charges

Class H Felony (Property Value $1,000 or More)

• Punishable by 4 to 25 months in prison.
• Potential for heavy fines, restitution payments, and probation.
• A permanent felony record impacting employment and future opportunities.

Class 2 Misdemeanor (Property Value Less Than $1,000)

• Punishable by up to 60 days in jail, fines, community service, or probation.
• Results in a criminal record affecting future opportunities.

Legal Defenses for False Pretense Charges

• Lack of Intent – If there was no intent to defraud, the charge may not hold.
• Insufficient Evidence – The prosecution must prove deception beyond a reasonable doubt.
• Consent of the Owner – If the alleged victim willingly transferred property, it may not qualify as false pretense.
• Misunderstanding or Mistaken Identity – A genuine misunderstanding should not result in criminal charges.
• Violation of Rights – If law enforcement failed to follow proper procedures, evidence may be suppressed.

How Can You Defend Against a False Pretense Charge?

Being charged does not automatically mean a conviction. There are several defense strategies that an experienced attorney can use to challenge the charges.

Common Legal Defenses:

Lack of Intent – If there was no intent to defraud, the charge may not hold.

Insufficient Evidence – The prosecution must prove that deception occurred beyond a reasonable doubt.

Consent of the Owner – If the alleged victim willingly transferred property, it may not qualify as false pretense.

Misunderstanding or Mistaken Identity – A genuine misunderstanding should not result in criminal charges.

Violation of Rights – If law enforcement failed to follow proper procedures, evidence may be suppressed.

What to Do If You Are Charged with False Pretense in NC

Steps to Take Immediately:

Remain Silent – Do not speak to law enforcement without an attorney present.

Gather Evidence – Keep records of transactions, communications, and agreements.

Avoid Further Contact with the Alleged Victim – Anything you say could be used against you.

Seek Legal Counsel Immediately – The earlier you hire a lawyer, the better your chances of building a strong defense.

How an Experienced Criminal Defense Attorney Can Help

Having a dedicated attorney on your side can make all the difference in the outcome of your case. Patrick Roberts provides:

Aggressive Defense Strategies – Challenging evidence and negotiating lesser charges.

Courtroom Advocacy – Defending your case at every stage of the legal process.

Expungement Assistance – Exploring options to clear your record if possible.

Comprehensive Legal Support – Navigating complex legal procedures while protecting your rights.

Frequently Asked Questions About False Pretenses

1. What is the difference between false pretense and fraud?

False pretense involves knowingly making a false statement to obtain property, while fraud is a broader term that can include various deceptive financial practices.

2. Can you go to jail for obtaining property by false pretense in North Carolina?

Yes. A felony conviction carries 4 to 25 months in prison, while a misdemeanor conviction can result in up to 60 days in jail.

3. Is false pretense considered a white-collar crime?

Yes, in most cases, false pretense is classified as a white-collar crime because it involves deception rather than physical violence.

4. What should I do if I am under investigation for false pretense?

Contact a criminal defense attorney immediately and do not speak to law enforcement without legal representation.

5. How can I get a false pretense charge expunged from my record?

In some cases, first-time offenders may be eligible for expungement after meeting certain requirements. An attorney can help determine your eligibility.

Contact a Raleigh Criminal Defense Lawyer for False Pretense Charges

Call Patrick Roberts today at 919-746-7206 or fill out the online form at the top of this page for a free consultation and take the first step toward protecting your future.