California P.C. 532: False Pretenses
False pretenses is a theft crime but carried out through deception. Often times, this charge is burdensome and challenging for law enforcement and prosecutors to prove. If police officers are attempting to question someone in connection with theft by false pretenses, it’s important not to say anything and demand the presence of an attorney. Because theft crimes are challenging to prove, police officers almost always seek to question someone in effort to gain a confession and build a stronger case against them.
False Pretenses Defined by Statute
In California, False Pretenses is defined under Penal Code 532(a) which provides, “Every 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 personal, or who causes or procures others to report falsely of his or her wealth or mercantile character, and by thus imposing upon any person obtains credit, and thereby fraudulently gets possession of money or property, or obtains the labor or service of another is guilty of theft by false pretenses.”
Los Angeles Criminal Defense Lawyer John Rogers is committed to providing each client aggressively, affordable, and trusted legal representation. Whether you’re charged with a minor offense or a serious felony, Mr. Rogers makes himself available 24 hours a day, 7 days a week and works tirelessly to achieve the best possible result for each client. The best approach to defeating theft charges is early criminal defense attorney intervention, contact Mr. Rogers immediately.
Elements of the Crime
In order to prove someone is guilty of theft by false pretenses, the prosecutor must prove beyond a reasonable doubt:
- Defendant knowingly and intentionally deceived a property owner [or agent] by false or fraudulent representation or pretenses
- Defendant did so intending to persuade the owner [or agent] to let the defendant take possession and ownership of the property
- The owner [or agent] let the defendant have possession and ownership of the property because the owner [or agent] relied on the representation or pretense
- When defendant got the property, he or she intended to deprive the owner either permanently or extended period of time
False Pretenses Expungement
In California, a conviction for theft by false pretenses is eligible to be expunged so long as certain requirements have been fulfilled. Expunging your record is governed under California P.C. 1203.4 where your finding of guilt is set aside the conviction is dismissed. Contact Los Angeles Criminal Defense Attorney John Rogers for more information regarding your eligibility and process to expunge your criminal record.
- Petty Theft (P.C. 484)
- Attempted Theft (P.C. 664 / P.C. 484)
Free Los Angeles False Pretenses Attorney Consultation
If you or a loved one has been arrested, charged, or is under investigation for false pretenses, contact Los Angeles Criminal Defense & Theft Attorney John Rogers at the Law Offices of John D. Rogers located at 1801 Century Park East, 24th Floor, Los Angeles, CA 90067. Call (949) 625-4487 now for a free confidential consultation concerning your rights and defenses.