False Pretenses Lawyers in California

The crime of false pretenses, technically known as “theft by false pretenses,” consists of stealing money, property or labor from another person or entity through the use of false representations or fraudulent pretenses. The perpetrator of false pretenses engages in their deceit knowingly and not by mistake. The victim is induced to part with their property or labor, because they are defrauded by the perpetrator’s misrepresentations or fraudulent pretenses.

False pretenses is one of several theft crimes in California. Other theft crimes are identity theft, larceny, embezzlement and fraud. A California lawyer would be able to tell a person more about the various types of theft offenses in California law.

The elements of theft are as follows:

• Taking: The taking of the property of another person
• Lack of Consent: Without the consent or authorization of the other
• Intent: With the intent to deprive the person of their property permanently.

False pretenses is a theft crime that may be charged as petty theft, a misdemeanor, or as grand theft, which can be charged as a misdemeanor or a felony depending on the facts of the case and the perpetrator’s criminal history.

The punishment for petty theft is incarceration in a county jail for a maximum of 6 months and/or payment of a fine of as much as $1,000.

The punishment for misdemeanor grand theft is incarceration for a maximum of 1 year in county jail. The punishment for felony grand theft is incarceration in a state prison for:

• 16 months
• 2 years or
• 3 years.

The crime of grand theft is not a wobbler if theft of a firearm is involved. If a firearm is involved , then the crime is always charged as a felony. The punishment is the same as the punishment for any other conviction of felony grand theft.

There are defenses to the crime of false pretenses as follows:

• Lack of Intent: The perpetrator must have intended to deceive the victim. This can take the form of lying intentionally or doing one of the following:
  • Withholding or concealing crucial information with the intent of misleading someone
  • Recklessly claiming that some communication is true when they do not know whether it is true in fact
  • Making a promise to do something that they never intend to fulfill.
• Reliance by Victim: The victim of the crime of false pretenses must have relied on the false pretenses when they gave their property to the perpetrator. It can be challenging for the prosecution to prove this, because it depends on the subjective thinking of the victim.

It is challenging to the prosecution to prove intent, because a perpetrator’s intent may not have been demonstrated or shown by the perpetrator in a way that other people could perceive.

The perpetrator may argue that they believed in the truth or accuracy of any claimed misrepresentation that they made. Or, they may claim that they believed in the truth of some fact they communicated, but in the end, they were only mistaken. However, they did not intentionally lie.

On some occasions, people who were involved in complex business deals or risky financial investments are charged with theft by false pretenses. The problem is the ostensible victims may not be victims. They may have known what they were doing and the risks they were taking. When they lose money, however, they want to turn the transaction into a criminal offense when, in fact, it was not.

In addition, the victim must have experienced a loss of property of some value. If there is not, in fact, a loss of some value on the part of the victim, then this fact can be claimed as a defense. The victim must have suffered a loss of some value for a crime to have been committed.

What Are the Legal Elements of False Pretenses in California?

The California crime of theft by false pretenses consists of a perpetrator making false representations to someone else in order to induce them to hand over their property, money or labor. The property could be personal property or real property.

In order for an individual to be convicted of the crime, the prosecution has to prove each element beyond a reasonable doubt. The elements are as follows:

• Intentional Deceit: The perpetrator deceived another person knowingly and intentionally.
• Obtaining Property: The perpetrator intentionally persuaded another individual, the victim, to hand over their money, property or labor to the perpetrator.
• Reliance by the Victim: The victim handed over their money, property or labor, because they relied on what they were told by the perpetrator.
• Communication of False Pretenses: The perpetrator communicated the false pretense in fact.

There are special rules regarding how the prosecution must prove certain elements of the crime. Prosecutors may prove a false pretense by presenting any one of the following items of evidence:

• A false writing or “false token,” e.g., counterfeit money, that was presented to the victim with the false writing
• A written note or memorandum that relates the false pretense, signed or handwritten by the perpetrator
• Testimony from at least 2 witnesses to the effect that the perpetrator made the false pretense orally to the victim or
• Testimony from 1 witness plus additional evidence that supports the conclusion that the perpetrator communicated the false pretense orally to the victim.

What Are Some Examples of False Pretenses Crimes in California?

Some examples of the crime of false pretenses in California are the following:

• Ponzi Schemes: In a ponzi scheme, a person who presents themselves as a financial advisor takes money and pretends to earn returns on investments that do not in fact exist.
• Misrepresentations in the Sales of Goods: Individuals and merchants also may make misrepresentations in selling goods, e.g., used cars. They may misrepresent the condition of the good, generally representing it as having a desirable condition it does not have or failing to disclose known defects.
• Phony Charities: A perpetrator may solicit donations to charities that are phony and do not really exist.
• Lying on a Loan Application: An individual may lie about their employment history or other aspect of their creditworthiness to obtain a loan.
• Online Use of Credit Card: A person may use a stolen credit card or stolen credit card information to make purchases online.

These are just a few of the ways in which theft by false pretenses can be committed.

How Does the Crime of False Pretenses Differ from Fraudulent Misrepresentation Under California Law?

False pretenses is a criminal offense. The state, represented by local district attorneys, prosecutes crimes, assisted by law enforcement agencies. An individual who is convicted of the crime may be punished by the imposition of fines and possibly incarceration in a county jail or state prison.

Fraudulent misrepresentation is a civil wrong, a “tort” in legal terminology. A private party, e.g., an individual or a business, may file a lawsuit naming the person responsible in a civil court claiming fraudulent misrepresentation. If they are successful in their suit, they would win an award of money damages to compensate them for their losses.

A California lawyer consultation would assist a person in understanding the difference between a criminal case and a civil case in California.

Do I Need a California Criminal Defense Attorney for False Pretenses Charges?

If you have been charged with the crime of false pretenses, you want to speak to a California criminal defense lawyer. If charged as a felony, the punishment can include up to 3 years in prison, so the stakes are high. You want a lawyer who can review the facts and identify defenses you have as well as weaknesses in the prosecution’s case. With a lawyer representing you, you have the best chance of getting the result you need.