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North Carolina Warrant For Arrest Obtaining Property Under False Pretenses

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State:
North Carolina
Control #:
NC-CR-112
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PDF
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Description

Warrant for Arrest For Obtaining Property by False Pretenses: This is an official form from the North Carolina Administration of the Courts (AOC), which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by North Carolina statutes and law.


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FAQ

Under common law, a defendant commits the crime of false pretenses when by making an intentional statement with intent to defraud the victim he obtains title to the personal property of the victim.

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.

An individual makes a false representation of a past or existing material fact; The person making the representation knew the representation was false; The representation was made with the intent to defraud the other person;

A number of crimes are very similar to false pretenses. For example, when an individual attempts to pass a bad check, there is intent to defraud because he or she is attempting to obtain money or property by issuing checks from an account that does not exist or has insufficient funds.

Obtaining Property by False Pretenses. In North Carolina, it is a felony to obtain some sort of property (such as money, goods, or services) through false pretenses.

California Penal Code 532 PC defines the crime of theft by false pretenses as defrauding someone of money or property by way of false promises or representations. The offense may be prosecuted as a misdemeanor or a felony and carries a penalty of up to 3 years in jail or prison.

Under common law, a defendant commits the crime of false pretenses when by making an intentional statement with intent to defraud the victim he obtains title to the personal property of the victim.

The defendant intentionally deceived someone else via a false pretense or representation. The defendant did this with the express purpose of having the other person provide money or property.

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North Carolina Warrant For Arrest Obtaining Property Under False Pretenses