Obtaining Money by False Pretenses
Obtaining Money by False Pretenses in Virginia is one of the many Virginia theft charges. It is found in Va. Code §18.2-178. Obtaining Money by False Pretenses in Virginia is also known as fraud.
A charge of Obtaining Money by False Pretenses in Virginia is considered larceny and is punished the same way. Larceny is either a misdemeanor or felony, based on the value of the property taken and the number of prior larceny convictions the offender has.
Larceny in Virginia is charged as either Petty or Grand larceny. Petty Larceny is charged if the value of the property is less than $200. See Va. Code §18.2-96. The charge becomes Grand Larceny under Va. Code §18.2-95 if the property is worth more than $200. If the offender has two prior larceny convictions, or convictions for any offenses “deemed larceny,” the third charge becomes a felony, regardless of the value of the property taken. These same punishments apply to charges of Obtaining Money by False Pretenses in Virginia.
Proof of Obtaining Money by False Pretenses in Virginia
An offender can be convicted of Obtaining Money by False Pretenses in Virginia if he makes a factual misrepresentation to another person, with the intent to defraud, and the misrepresentation causes someone to part with his property. The crime of Obtaining Money by False Pretenses is complete when the offender has obtained title and possession of the property or money.
- False Representation-First, the Commonwealth needs to prove that the offender made a false representation of a past or existing fact. The false representation can be oral, written, or implied.
- Intent to Defraud-The Commonwealth must also prove that the offender made the false representation with the intent to defraud another person.
- Causation-There must be proof that the false representation caused the victim to part with his property.
- Value-Finally, the Commonwealth must prove that the property had some value. In cases charged as Grand Larcenies, or felony Obtaining Money by False Pretenses, the Commonwealth must prove that the property obtained is worth more than $200.
Punishment for Obtaining Money by False Pretenses in Virginia
Obtaining by Money by False Pretenses in Virginia is punished as a misdemeanor or a felony. The value of the property (or money) obtained determines the charge and punishment.
If the value of the property is less than $200, it will be charged as a Class 1 misdemeanor. It is punished by up to 12 months in jail and a fine up to $2500. If the property obtained is worth more than $200, is is a felony and punished as Grand Larceny. The offender faces 1-20 years in prison, in addition to fines.
Regardless of the jail sentence and fine imposed, the offender may also have to pay restitution to the victim if convicted of Obtaining Money by False Pretenses in Virginia.
Punishment for Multiple Theft Offenses in Virginia
Va. Code §18.2-104 provides enhanced penalties for multiple Virginia larceny convictions. A second offense larceny, or an offense “deemed larceny,” in Virginia is punished with a minimum of 30 days in jail and up to 12 months in jail. The offender could also pay a fine as high as $2500. A third larceny offense is a felony, punished with up to 5 years in prison and a fine up to $2500. Because Obtaining Money by False Pretenses in Virginia is considered larceny, it is subject to the same enhanced penalties for multiple convictions.
Obtaining Money by False Pretenses in Virginia can be punished with the enhanced penalties if the offender has been convicted of any number of larcenies or offenses “deemed larcenies” in Virginia. As a result, a first offense Obtaining Money by False Pretenses charge can be punished as a second offense if the offender has been convicted of any larceny or an offense “deemed larceny” in Virginia. It can be punished as a third larceny offense if the offender has any combination of False Pretenses, larcenies, or offenses “deemed larcenies” in Virginia. Third offenses are felonies, regardless of the value of the property, and are punished with up to 5 years in prison.
Obtaining Money by False Pretenses in Virginia can also be the basis for enhancing the penalty if the offender is later charged with larceny or any other offense “deemed” larceny.
Obtaining Money by False Pretenses in Virginia Statute
§ 18.2-178. Obtaining money or signature, etc., by false pretense.