Theft by false pretenses is a type of theft by trickery that is punishable under California law.
The crime of theft seems pretty straightforward: a person takes something from someone else, usually by force. It may involve taking something from a store, or grabbing a purse, or breaking into a car, but most people assume that theft usually involves some show or use of physical force. But there is another type of theft that is fairly common — and is also against the law in California.
Theft by false pretenses occurs when one person convinces another to voluntarily give them their property through deception. They may promise to deliver something and never follow through, or say something that isn’t actually true. As a criminal defense lawyer in Riverside, CA will tell you, theft by false pretenses is just as much of a crime in California as other types of theft — and it will result in serious consequences.
The crime of theft by false pretenses is committed when a person knowingly and intentionally deceives another someone using false statements, with the intent to get that person to give up their property. The other person had to rely on that false statement to give up their property, and there has to be some proof (such as a writing or a witness) that the statement was made. If all of these elements cannot be proven, then the crime of theft by false pretenses cannot be proven. For example, if a person claims to have a magic device that can bring people luck, and people start giving him money for it, it is not a crime if the person never asked people for money or made this claim with the intent of getting people to give up their property.
A skilled criminal defense lawyer in Riverside, CA can utilize the elements of the crime to put together a strong defense. The prosecution must have concrete proof that not only was the false statement made, but that the alleged victim relied on it in giving up his or her property. In the example above, if the prosecutor cannot prove that the alleged victim who gave money to the person with the magic machine did so because he relied on the false statement — in other words, because he believed that the machine really was magic — then the charge cannot go forward. Similarly, the prosecution must prove that the intent of the false statement was to get others to give up their money or property, which can be challenging in cases where the defendant did not explicitly ask for money or property. A knowledgable criminal defense lawyer in Riverside, CA can use the elements of the crime to potentially have the theft by false pretenses charge reduced or dismissed entirely.
Depending on the value of the property allegedly taken, theft by false pretenses is either a petty theft (under $950) or a grand theft (over $950) offense. A misdemeanor petty theft conviction can result in up to 6 months in the county jail or a $1,000 fine. A grand theft can be charged as either a felony or a misdemeanor. If charged as a felony, the potential punishment is up to three years in state prison. The potential consequences for this crime make it all the more important that you contact a skilled criminal defense lawyer in Riverside, CA as soon as possible if you have been charged with theft by deception.
The Chambers Law Firm represents clients throughout Southern California who have been charged with theft offenses, including theft by deception. Contact our office today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation and learn more about how we can help you if you have been charged with a theft crime.
