Obtaining Money by False Pretenses Charges

Obtaining Money by False Pretenses Charges in Nevada

In Nevada, obtaining money by false pretenses is a serious criminal offense that involves deliberately deceiving someone to gain financial benefits. Simply put, it is a form of criminal fraud where an individual intentionally misleads another to secure money, property, or services. If you are facing charges for obtaining money by false pretenses in Nevada, it’s crucial to understand the nature of these charges, the legal consequences, and the defenses that may be available to you.

At Spartacus Criminal Defense Lawyers, we specialize in defending individuals charged with various types of fraud, including obtaining money by false pretenses. This comprehensive guide aims to provide you with crucial information about this charge and how our experienced defense attorneys can help you navigate the legal complexities associated with it. Contact our skilled Las Vegas false pretenses lawyers now to schedule a consultation and learn about the next steps.

What Constitutes Obtaining Money by False Pretenses in Nevada?

Under Nevada law, obtaining money by false pretenses involves several key elements:

1. False Representation: The accused must have made a false statement or misrepresentation.
2. Intent to Defraud: There must be an intent to deceive or defraud the victim.
3. Reliance: The victim must have relied on the false representation.
4. Resulting Loss: The victim suffered a financial loss or loss of property as a result of the deception.

Examples of Obtaining Money by False Pretenses

Common examples include:

• Fake Investments: Promising high returns on investments that do not exist.
• Impersonation: Pretending to be someone else to gain financial benefits.
• False Billing: Issuing invoices for services or goods not rendered.
• Misrepresentation of Goods: Selling counterfeit products as genuine.

NRS 205.380 Obtaining Money, Property, Rent or Labor by False Pretenses

NRS 205.380 Obtaining money, property, rent or labor by false pretenses.

1. A person who knowingly and designedly by any false pretense obtains from any other person any chose in action, money, goods, wares, chattels, effects or other valuable thing, including rent or the labor of another person not his or her employee, with the intent to cheat or defraud the other person, is a cheat, and, unless otherwise prescribed by law, shall be punished:

(a) If the value of the thing or labor fraudulently obtained was $250 or more, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $10,000, or by both fine and imprisonment. In addition to any other penalty, the court shall order the person to pay restitution.

(b) If the value of the thing or labor fraudulently obtained was less than $250, for a misdemeanor, and must be sentenced to restore the property fraudulently obtained, if it can be done, or tender payment for rent or labor.

2. For the purposes of this section, it is prima facie evidence of an intent to defraud if the drawer of a check or other instrument given in payment for:

(a) Property which can be returned in the same condition in which it was originally received;

(b) Rent; or

(c) Labor performed in a workmanlike manner whenever a written estimate was furnished before the labor was performed and the actual cost of the labor does not exceed the estimate,

stops payment on that instrument and fails to return or offer to return the property in that condition, or to specify in what way the labor was deficient within 5 days after receiving notice from the payee that the instrument has not been paid by the drawee.

3. The notice must be sent to the drawer by certified mail, return receipt requested, at the address shown on the instrument. The notice must include a statement of the penalties set forth in this section. Return of the notice because of nondelivery to the drawer raises a rebuttable presumption of the intent to defraud.

4. A notice in boldface type clearly legible and in substantially the following form must be posted in a conspicuous place in every principal and branch office of every bank and in every place of business in which retail selling is conducted or labor is performed for the public and must be furnished in written form by a landlord to a tenant:

The stopping of payment on a check or other instrument given in payment for property which can be returned in the same condition in which it was originally received, rent or labor which was completed in a workmanlike manner, and the failure to return or offer to return the property in that condition or to specify in what way the labor was deficient within 5 days after receiving notice of nonpayment is punishable:

1. If the value of the property, rent or labor fraudulently obtained was $250 or more, as a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $10,000, or by both fine and imprisonment.

2. If the value of the property, rent or labor so fraudulently obtained was less than $250, as a misdemeanor by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $1,000, or by both fine and imprisonment.

Legal Consequences of Obtaining Money by False Pretenses in Nevada

In Nevada, obtaining money by false pretenses is considered a category C felony if the value of the property or money obtained exceeds $650. Penalties for a category C felony include:

• Prison Sentence: 1 to 5 years in Nevada State Prison.
• Fines: Up to $10,000.
• Restitution: Compensation to the victim for the financial loss suffered.

If the amount involved is $650 or less, the offense is classified as a misdemeanor, carrying lighter penalties:

• Jail Time: Up to 6 months in county jail.
• Fines: Up to $1,000.
• Restitution: Compensation to the victim.

It’s important to note that multiple acts of false pretenses may be aggregated to determine the total value of the property obtained, potentially elevating the charge to a felony.

Defending Against Obtaining Money by False Pretenses Charges

Facing charges of obtaining money by false pretenses can be daunting, but several defenses may be available. Spartacus Criminal Defense Lawyers will meticulously examine the details of your case to build a robust defense strategy. Potential defenses include:

Lack of Intent to Defraud

One of the primary elements the prosecution must prove is intent to defraud. If we can demonstrate that you did not have the intent to deceive, the charges against you may be dismissed or reduced.

False Accusation

In some cases, individuals are falsely accused of obtaining money by false pretenses. We will thoroughly investigate the circumstances surrounding the accusation to identify any inconsistencies or evidence of false claims.

Insufficient Evidence

The prosecution must provide substantial evidence to prove each element of the crime. If the evidence is insufficient, we will aggressively challenge the prosecution’s case to seek a dismissal or reduction of charges.

Mistaken Identity

Mistaken identity is a common issue in fraud cases. If you were wrongly identified as the perpetrator, we will gather evidence to establish your innocence and clear your name.

Consent

If the victim consented to the transaction, believing it to be legitimate, it may negate the element of fraud. We will explore all available evidence to demonstrate that the victim willingly participated in the transaction.

Burglary vs Obtaining Money By False Pretenses Charges

Nevada has a broad definition of what constitutes “burglary.” One such crime is obtaining money through false pretenses. This classification is detailed in NRS 205.060, which defines burglary as a criminal act involving:

“A person who, by day or night, enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, vehicle, vehicle trailer, semitrailer, or house trailer, airplane, glider, boat or railroad car, with the intent to commit grand or petit larceny, assault or battery on any person or any felony, or to obtain money or property by false pretenses”.

Previously, Nevada’s legal definition of burglary required both breaking and entering for a charge to be applicable. However, this is no longer the case. Under the current law, an individual can be charged with burglary without having physically entered a building. It only needs to be proven that there was a deliberate attempt or clear intention to commit the crime.

How Spartacus Criminal Defense Lawyers Can Help

At Spartacus Criminal Defense Lawyers, we understand the severe impact that obtaining money by false pretenses charges can have on your life. Our experienced criminal defense attorneys are dedicated to providing you with the best possible defense. Here’s how we can help:

Comprehensive Case Evaluation

We offer a thorough evaluation of your case to understand the specific details and nuances. This allows us to develop a tailored defense strategy that addresses the unique aspects of your situation.

Expert Legal Representation

Our seasoned fraud defense lawyers have extensive experience in handling fraud cases, including obtaining money by false pretenses. We will represent you at every stage of the legal process, from pre-trial negotiations to court proceedings, ensuring your rights are protected.

Aggressive Defense Strategies

We will aggressively challenge the prosecution’s case, scrutinizing the evidence and identifying weaknesses. Our goal is to achieve the best possible outcome, whether it’s a dismissal, reduction of charges, or acquittal.

Negotiation Skills

If a plea bargain is in your best interest, our attorneys have the negotiation skills to secure favorable terms. We will work to minimize the penalties and protect your future.

Support and Guidance

Facing criminal charges can be overwhelming. Our team is committed to providing you with the support and guidance you need throughout the legal process. We will keep you informed and involved in your defense every step of the way.