What is Larceny by False Pretense?
False pretense is a special kind of larceny in Virginia where a person tricks another into passing over the title to property. This crime commonly occurs when an individual attempts to cash a fraudulent check at a check cashing location. Obtaining payment in exchange for false invoices is another common example of larceny by false pretenses. The crime itself is set out on Virginia Code 18.2-178.
False pretense is punished in the same way as any other larceny. If property of less than $200 is obtained, then the crime is a Class 1 misdemeanor. It carries a possible period of incarceration of up to 12 months and a potential fine of up to $2,500. However, if the property stolen is worth more than $200, the defendant will be guilty of a grand larceny. A grand larceny carries a period of incarceration of between one and twenty years or up to 12 months confinement and a fine of up to $2,500. If a signature is obtained by false pretenses, then the crime becomes a forgery and is also a felony.
What are the Elements of False Pretenses?
In order to prove a larceny by false pretenses, the Commonwealth must prove four elements beyond a reasonable doubt. First, the Commonwealth must prove the intent to defraud. Second, there must be actual fraud. Third, there must have been some sort of false representation or deception involved in furthering the fraud. Fourth, the deception must have actually allowed the fraud to be successful.
There are many ways in which a defense attorney can attack these elements. When the defendant attempts to cash a bad check for example, the Commonwealth will need to prove that the defendant knew that the check was bad. In doing so, the Commonwealth will usually be forced to rely on circumstantial evidence.This is because the state rarely has statements from the defendant that prove the element of intent. The Commonwealth will usually need to rely on how the defendant behaved both before and after the check was cashed in order to be successful. One famous example occurred in a case where the defendant essentially abandoned a check at a store when the store owner became suspicious. The appeals court held that this was enough to satisfy the Commonwealth’s burden of proving intent. The police will also need to show that the defendant obtained title and not just possession of the property. This means that the defendant can try to argue that he simply received property as a loan or otherwise did not actually take ownership.
Are There Ways to Mitigate a Sentence for Larceny by False Pretenses?
One possible way to avoid incarceration for larceny by false pretenses in Fairfax County Virginia is through an accord and satisfaction. With an accord and satisfaction, the defendant essential pays back any harm that he has caused to the victim. Then, the case is dismissed. The problem with this avenue is that the victim cannot be required to take an accord and satisfaction. Still, sometimes the victim would rather have the property back instead of subjecting the defendant to incarceration.
