Embezzlement, fraud, obtaining property by false pretenses

What Are Embezzlement, Fraud, and Obtaining Property by False Pretenses?

Before you can begin to understand how best to defend against these charges, it’s important to know what each term means and how it could apply to your case.

Embezzlement in North Carolina

Embezzlement is a crime that occurs when someone who has been entrusted with managing or caring for another person’s property or money takes it for their personal use. Often, this offense happens in the course of employment when a person in a position of trust misappropriates funds or assets.
Key elements of embezzlement include:

• The individual was in lawful possession of the property (e.g., an employee handling company funds).
• The individual intended to steal or use the property for personal gain.

In North Carolina, embezzlement charges are serious and can result in severe penalties. If you’ve been accused of embezzlement, it’s crucial to consult with an experienced embezzlement attorney who can help you build a strong defense. At the Law Office of Nathan Earwood, we specialize in defending individuals against embezzlement charges, ensuring your case is handled with care and expertise.

Fraud in North Carolina

Fraud refers to intentionally deceiving someone to gain something of value, such as money, property, or services. Fraud can occur in many situations, including false business representations, insurance fraud, financial fraud, investment fraud, auto fraud, or dealer fraud.
Key elements of fraud include:

• Intentional deceit or misrepresentation.
• Obtaining money, property, or services under false pretenses.

If you’ve been accused of fraud, the consequences can be severe. A conviction can result in substantial fines, restitution, and even prison time, depending on the severity of the offense and the value of the property or money involved.

Whether you are dealing with false business representations, insurance fraud, financial fraud, auto fraud, dealer fraud, or investment fraud, our fraud attorneys at the Law Office of Nathan Earwood have the experience and knowledge to guide you through the legal process and work toward minimizing the penalties you face. With hundreds of successful cases, our fraud attorneys will take a personalized approach to defending your rights.

Obtaining Property by False Pretenses in North Carolina

In North Carolina, obtaining property by false pretenses is a felony that occurs when someone makes false representations to obtain property, money, or services. This can involve outright lies, fake documents, or misstatements about a future event.
Key elements of obtaining property by false pretenses include:

• A false representation or misstatement was made.
• The individual intended to deceive the other party.
• The victim relied on the misrepresentation and was defrauded.

Differences Between Embezzlement and Obtaining Property by False Pretenses

While both embezzlement and obtaining property by false pretenses involve unlawful possession of property, there are key differences:

• Embezzlement happens when someone lawfully possesses property or money (such as an employee with access to company funds) and later steals it for personal use.
• Obtaining Property by False Pretenses occurs when someone deceives another person (e.g., through lies or false documents) to obtain property they otherwise would not have had access to.

Both crimes can have severe consequences, including felony charges, significant fines, and potential prison time.

Possible Penalties for Embezzlement, Fraud, and Obtaining Property by False Pretenses

In North Carolina, both embezzlement and obtaining property by false pretenses are felony offenses. The severity of the felony charge depends on the value of the property involved:

• If the property or money is valued under $100,000, the charge is typically a Class H felony, which can result in probation or up to 39 months in prison.
• If the value of the property or money is over $100,000, the charge is usually a Class C felony, which can carry 44 to 231 months in prison.

Additionally, restitution may be ordered to repay the victim, and defendants may face additional penalties such as fines or mandatory community service.