Description

False Pretenses is legally defined as a person who knowingly and designedly, by any false or fraudulent representation or pretense, defrauds any other person of money, labor or property, whether real or person, or who causes or procures others to report falsely of his or her wealth or mercantile character, and by thus obtains credit, and or possession of money or property.

What does the prosecutor have to prove?

Felony: 1. Defendant knowingly and designedly defrauded a person of money, labor, or real or personal property.
OR
1. Defendant caused or procured others to report falsely of his or her wealth or mercantile character.
2. Defendant fraudulently gained possession of money or property, or obtained the labor or service of another.
3. Defendant knowingly and designedly acted with false or fraudulent representation or pretenses.
4. The money, labor, or property so obtained was valued at nine hundred fifty dollars ($950.00) or more.
Misdemeanor: 4. The property so obtained was valued at nine hundred fifth dollars ($950.00) or less.

Punishment

Felony: 16months/2years/3years
With probation 0-364 days
Misdemeanor: 0-180 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?Yes
Is this charge a strike?No
Is this charge a “serious felony”No
Is this charge a “violent felony”No
Do I have to register as a sex offender if convicted?No
Do I have to register as a drug offender if convicted?No
Do I lose my right to own or possess a firearm if convicted?Yes
Do I lose my right to vote if convicted?Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?Yes
Am I eligible for PC § 1000 drug diversion if convicted?No
Am I eligible for Prop. 36 drug diversion if convicted?No
Am I required to give a DNA sample if convicted?Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?Yes
Is this charge considered a “aggravated felony” for immigration purposes?May
Is this charge considered a “controlled substance violation” for immigration purposes?No
Is this charge considered a “domestic violence” for immigration purposes?No
Is this charge considered a “firearm conviction” for immigration purposes?No