Negligence or ineptitude is not enough to constitute intentionally fraudulent behavior on the part of the defendant. For example, evidence that the defendant did not fulfill a contractual obligation is not enough to prove intent to defraud. The prosecution must prove the element of intent beyond a reasonable doubt. An indictment is deemed insufficient to charge an offence of obtaining property by false pretenses where the indictment fails to allege that defendant obtained or attempted to obtain anything with the intent to defraud. The prosecution has a heavy burden to prove that the defendant intended to defraud someone else. One of the best defenses to charges for obtaining property by false pretenses is to provide evidence that the defendant did not intend to defraud the alleged victim. In order to infer such intent, the jury may consider the acts and conduct of the defendant and the general circumstances existing at the time of the alleged crime charged. Because intent is seldom provable by direct evidence, it must ordinarily be proven by circumstances from which it may be inferred. It is an essential element of obtaining property by false pretense that the act be done knowingly and designedly with intent to cheat or defraud. The crime of obtaining property by false pretenses is defined as a false representation: (1) of a subsisting fact or a future fulfillment or event, (2) which is calculated and intended to deceive, (3) which does in fact deceive, and (4) by which one person obtains or attempts to obtain value from another. Under North Carolina law, it is a crime to obtain something of value from someone else by false pretenses. The Crime of Obtaining Property by False Pretenses We can help you develop an assertive legal strategy no matter what charge you are facing. At Arnold & Smith, PLLC we can help you fight for your rights throughout the criminal defense process. If you are facing the charge of obtaining property by false pretenses, it is essential to contact an experienced criminal defense team. This crime is a felony that can result in a sentence of years in prison. ![]() The crime of obtaining property by false pretenses is not as well-known as other North Carolina crimes.
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