Obtaining Property By False Pretense is charged either as a felony or a misdemeanor in Oklahoma. If you find yourself in a situation in Oklahoma where you’re accused of obtaining property by false pretense, it’s important to know exactly what this means and the potential consequences you might face. This post will guide you through the basics of this law and the penalties and defenses that might apply, helping you to better understand how to proceed if charged.
Understanding The Offense
Obtaining property by false pretense in Oklahoma is a legal term that refers to the act of intentionally deceiving someone in order to gain control over their money or property. This could involve a variety of deceptive tactics, such as using a fake identity, making false claims about a product or service, or any other method that misleads someone into parting with their assets. The core aspect of this crime is the intent to defraud or cheat.
Legal Penalties in Oklahoma
Under Oklahoma Statutes Section 21-1542, this offense is classified either as a misdemeanor or a felony, depending on the value of the obtained property. If the value is $1,000 or more, it’s a felony, potentially leading to up to three years in state custody or a year in county jail. Additionally, fines can be up to three times the value of the property. For values less than $1,000, it’s a misdemeanor, which can still result in up to a year in county jail and significant fines.
It’s important to note that multiple small acts of deception can be combined into one larger offense. This aggregation means that even minor fraudulent activities, when part of a larger scheme, can lead to more severe charges.
Defenses Against Charges
Facing charges of obtaining property by false pretense does not automatically lead to a conviction. Several defenses can be employed, depending on the specifics of your case. Common defenses include lack of intent to defraud, which is a critical element of the crime. If it can be shown that there was no intent to deceive, the charges may be reduced or dismissed. Mistake of fact is another defense, where the accused believed their actions were legitimate. In cases where consent was given based on full disclosure, this can also be a viable defense.
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Obtaining Property By False Pretense Lawyer
Obtaining property by false pretense in Oklahoma is a grave matter with potentially severe consequences. Depending on certain factors it is charged either as either a felony or a misdemeanor crime. When you face a charge like this you need help from solid criminal defense attorneys. This kind of crime requires investigation in to the facts surrounding the charge. Its not uncommon for the State to over charge this kind of case. Its also not uncommon for the State to coerce you in to a plea agreement with threats of jail. For a free consultation with one of the Oklahoma criminal defense attorneys at Kania Law Office call 918.743.2233 or click this link to as a free online criminal defense question.
Tulsa's Local Criminal Defense Lawyers
Are you looking for Tulsa attorneys who will fight aggressively for you? Our team of criminal defense attorneys have the experience needed in Oklahoma law to secure the outcome you deserve.
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