North Carolina Obtaining Property by False Pretenses

IN North Carolina, Obtaining Property by False Pretenses is a felony. If the property obtained has a dollar value of less than $100,000.00, the crime is a relatively low Class 'H' felony. To obtain a conviction for "OPFP" the government must prove, beyond a reasonable doubt, that a defendant is guilty of all the following elements:

1. made a representation about a past or existing fact or a future event

2. that was false and

3. was calculated and intended to deceive, AND

4. the representation did actually deceive another person (this includes associations, governments, corporations, etc) AND

5. the defendant thereby obtained, or attempted to obtain, money, goods, property, services...or any other thing of value from that person. 

Most of these cases are low-level felonies. Examples often involve merchants- attempting to use a real receipt to fraudulently return an item retrieved from a store shelf, attempting to pick up an online purchase twice, attempting to reuse a Coinstar receipt, etc. I've also sale of an item that was not legally owned and creation and attempted use of checks drawn on fraudulent accounts charged as OPFP. 

 Because these are low-level felonies, a defendant with no prior criminal history might hope to be accepted into a diversion program or allowed a plea bargain guilty plea to a misdemeanor, an outcome with less drastic life-changing consequences. However, as with all felonies, defendants with prior felony convictions and Class 1 misdemeanors should expect more serious consequences, including the possibility of an active prison sentence. In those cases, a favorable plea bargain is not likely absent serious deficiencies with the prosecution's case or some outstanding mitigation. 

Experienced and Successful

Edelstein & Payne has been dedicated to individual and workers' rights for over 30 years. Our attorneys have consistently been named on best lawyer and superlawyer lists, and have received numerous awards and recognitions for community contributions.

Dedicated to North Carolina Communities

With nearly 80 years of combined experience serving the working people of North Carolina, the lawyers at Edelstein & Payne have proven their dedication to justice for all people.