Charlotte North Carolina Warrant For Arrest Obtaining Property Under False Pretenses

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State:
North Carolina
City:
Charlotte
Control #:
NC-CR-112
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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

Penal Code 532 PC prohibits theft by false pretenses ? which is defined 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.

To prove the offence of obtaining by false pretence, the accused must by a false pretence, with intend to defraud, obtain something of value capable of being stolen from another person. The prosecution must prove the false pretence together with a fraudulent intention in obtaining the property of the person cheated.

An example of False Pretenses occurs when the defendant tells the victim that he will trade his expensive Rolex watch for the victim's sport's car.

North Carolina Chapter 14: Criminal Laws makes it illegal to use fraud, a falsehood, or deceptive statement (representation) to obtain property or a thing of value. N.C.G.S. 14-100 makes offenses of $100,000 or more a Class C Felony in North Carolina, which is more than armed robbery charges.

False pretenses, also known as ?obtaining property by false pretenses,? is a crime that is a combination of fraud and larceny where an individual lies or makes misrepresentations in order to obtain the property of another.

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.

An example of False Pretenses occurs when the defendant tells the victim that he will trade his expensive Rolex watch for the victim's sport's car.

False Pretenses and Cheats. § 14-100. Obtaining property by false pretenses. If the value of the money, goods, property, services, chose in action, or other thing of value is one hundred thousand dollars ($100,000) or more, a violation of this section is a Class C felony.

The main difference between false pretenses and larceny is that a thief who secures title is guilty of false pretenses while someone who secures possession through fraud is guilty of larceny by trick.

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Charlotte North Carolina Warrant For Arrest Obtaining Property Under False Pretenses