Increasingly, individuals are finding themselves entangled in the complex and intricate web of theft by pretense, as defined under California Penal Code 532 PC. This legal territory involves one party deceiving another into parting with money or property, only to renege on their end of the deal. The nuances of this crime can be challenging to navigate without professional guidance.
For example, if someone claimed that they could perform certain services for another person—whether it be doing some work at their home, doing some work at their job, or giving them something of value—and the person who made that promise had no intention of doing that and took the other person's money, then that would be theft by pretenses.
This is a different crime than grand theft or robbery. In those crimes, the person takes the property away from another person without their consent, either by force, fear, or simply taking it without their knowledge.
In a pretense case, the other person willingly gives the money or property, believing they will receive something in return. In reality, though, the person taking the property never intends to fulfill any promise that they've made or give that person anything. Still, instead, they're tricking them by pretending to be someone else to obtain money or property from that person, and then claiming that they don't know the person or had nothing to do with the contract or relationship.
Defenses for Theft by False Pretenses
As far as defenses to theft by pretense cases go, if the defendant charged with this offense has fulfilled the obligation they were supposed to or provided the goods or services they were supposed to in exchange for what the other person gave them, then this would be a defense. Other valid defenses could include [specific examples of valid defenses].
Sometimes, I see scenarios where a person is charged with theft by pretense, and in reality, they did what they were supposed to. Still, the other party was not satisfied with what they had done and was angry because they didn't believe they had fulfilled their obligations. As a result, they went to the police and claimed that the other person had not done anything.
In these types of cases, this could be a defense because we could then show the prosecutors that the defendant didn't intend to deceive anyone.
The other party just wanted more from whatever that person did. This is more of a civil dispute and should not be filed as a criminal case in this scenario. Criminal cases—when it comes to these types of offenses, where someone is accused of trying to con another person—should only be charged if there is evidence that the person never intended to perform or give what they were supposed to, and that this was just all a ruse to get money or property. In contrast, civil cases are disputes between individuals or organizations, typically involving money or property, that are not criminal.
In this scenario, if someone is not satisfied and angry, they can take the matter to civil court and attempt to recover what was given or a portion of it, but it should not be filed as a criminal case. Criminal cases should not be exploited for financial gain or to resolve civil disputes between individuals.
The police, prosecutors, and judges are wary of individuals attempting to exploit the criminal system to gain an advantage in a civil dispute. This is where a defense attorney like me comes in. My role is to thoroughly investigate the case, gather evidence, and present a compelling defense on your behalf. I have to show the prosecutors and the judge that there's more than meets the eye here – that there's another version of events that have taken place and that this case should not be charged at the criminal level and should be dealt with on a civil basis.
If they can be convinced of this, the case will be dismissed, and they will inform the alleged victim that they need to file a lawsuit if they believe they have been treated unfairly. However, often these individuals go to the police, and they only provide a one-sided account without offering any information that suggests the opposing side has a valid argument.
This is where your attorney comes in – to fight for you, to speak for you. Often, I intervene in these cases with the police. I'm able to provide the other side of the story, and then when the prosecutors have the chance, they realize that they're not going to file a criminal lawsuit on this because the person wasn't trying to deceive the other party. Still, instead, the other party is not satisfied with whatever they did.
Contact a Criminal Defense Attorney
So, suppose you're charged with theft by pretense, and you have a defense in your mind. In that case, you need to sit down with an attorney who's experienced with these cases – give him all the facts, don't put a spin on it, let them know what happened, and then let them help you and educate you as to whether or not you can defend yourself. If you can't protect yourself, if they've got the goods on you and they're going to be able to prove the case, then other strategies need to be employed to negotiate.
By making the alleged victim whole and returning what they've lost, you can often persuade prosecutors to consider a more lenient approach. This could mean avoiding jail time and other severe penalties associated with criminal cases, offering a glimmer of hope in what may seem like a daunting situation.
So, call the Hedding Law Firm, a reputable criminal defense law firm with a proven track record of successfully defending clients in theft by pretense cases. Take the first step towards resolving your matter and getting yourself out of the criminal justice system. Contact our firm for a free case evaluation.
