Accusations of false pretense in Delaware involve using deception to unlawfully obtain money, property, or services, and can lead to serious legal consequences. Understanding Delaware’s laws on this topic can help if you are facing such allegations.
This article outlines Delaware’s laws regarding false pretense, detailing legal procedures and potential outcomes.
Elements Under Delaware Law
In Delaware, false pretense is considered a type of theft. Delaware Code Title 11, section 841 defines theft as unlawfully taking another’s property with the intent to permanently deprive the owner of it or to appropriate it.1FindLaw. Delaware Code Title 11 § 841 – Theft This includes theft achieved through deceptive means.
Delaware Code section 843 specifically addresses Theft by false pretense.2Justia. 11 Delaware Code § 843 (2024) – Theft by False Pretense This offense occurs when a person uses deception to obtain someone else’s property with the intent to defraud them. To secure a conviction, the prosecution must prove that deception was used. This involves creating or reinforcing a false impression.
The deception must be the direct cause of the accused obtaining property. Property, as defined in Delaware Code section 857, covers anything of value.3Justia. 11 Delaware Code § 857 (2024) – Theft and Related Offenses; Definitions This includes:
- Real estate
- Tangible and intangible personal property
- Contract rights
- Other interests in or claims to wealth
- Admission or transportation tickets
- Captured or domestic animals
- Food and drink
Services can also be considered property in certain situations.
A key element is the intent to defraud. The prosecution must demonstrate that the accused knowingly made false statements to mislead the victim into surrendering their property. It must be shown that the accused was aware the statements were false and made them with the purpose of deceiving and unlawfully acquiring the property.
Statute of Limitations
Delaware’s statute of limitations sets deadlines for initiating criminal prosecution for false pretense. These time limits are primarily governed by Delaware Code Title 11, section 205.4Justia. 11 Delaware Code § 205 (2024) – Time Limitations The specific period depends on whether the theft by false pretense is a felony or a misdemeanor, often determined by the property’s value.
Felony prosecutions must generally start within five years of the offense. For misdemeanors, the limitation period is three years from when the offense was committed.
The limitation period typically begins when the deceptive act results in unlawfully obtaining property. For crimes involving fraud, prosecution can begin within three years after the crime’s discovery by the victim or their representative, even if the standard limitation period has passed. However, this discovery rule cannot extend the original limitation period by more than an additional three years.
Certain circumstances can pause the limitation period, such as if the accused is continuously absent from Delaware or cannot be located in the state. This pause, however, cannot extend the limitation period by more than three years.
How Investigations Are Handled
Investigations into false pretense in Delaware usually start when a report is filed with law enforcement, such as a local police department, the Delaware State Police, or the Delaware Department of Justice. The alleged victim provides details about the transaction and the suspected deception. Law enforcement then assesses the complaint to decide if a full investigation is warranted.
If an investigation proceeds, law enforcement gathers evidence like bank records, contracts, communications, and witness interviews. For complex cases, specialists like forensic accountants may assist. The goal is to collect proof of the deceptive act, the property obtained, and the accused’s intent.
A key part of the investigation is documenting the alleged false statement and proving it was false. This might involve verifying the accused’s claims or finding evidence that the accused knew their statements were untrue. For instance, if someone falsely claimed to be a licensed contractor, investigators would check their licensure status. The findings are then compiled into a report for prosecutors.
Prosecutors review the compiled evidence to decide whether to file formal charges. Individuals under investigation have constitutional rights, including the right to remain silent and the right to an attorney. Investigations must respect these protections.
Court Proceedings
When the Delaware Department of Justice decides there is enough evidence, formal court proceedings start with the filing of a charging document. Felony false pretense charges are often heard in Superior Court and usually begin with a grand jury indictment. Misdemeanor cases, handled in the Court of Common Pleas or Justice of the Peace Court, may start with an information, a formal accusation by a prosecutor.
During an arraignment, the defendant is formally told of the charges and their constitutional rights, including the right to an attorney; an attorney may be appointed if the defendant cannot afford one. The defendant then enters a plea—such as guilty, not guilty, or nolo contendere (no contest). A nolo contendere plea is treated like a guilty plea for sentencing but is not an admission of guilt in later civil cases. Bail and release conditions are also set.
If a not guilty plea is entered, the case moves to the pre-trial phase. This includes discovery, where the prosecution provides the defense with its evidence, like police reports and witness statements. The defense also has discovery obligations, though these are more limited. Pre-trial motions can be filed, such as motions to suppress evidence or to dismiss charges.
Many false pretense cases are resolved through plea bargaining. The defendant might agree to plead guilty, possibly to a lesser charge, in return for a recommended lighter sentence or dismissal of other charges. A judge must approve any plea agreement, making sure the plea is voluntary and understood. If accepted, the case goes to sentencing.
If plea negotiations do not succeed, the case goes to trial. Defendants have a right to a jury trial for false pretense charges, particularly felonies. Jurors are selected through a process called voir dire. The trial includes opening statements, the prosecution presenting its case (with defense cross-examination), and an opportunity for the defense to present evidence, though it is not required to do so. After closing arguments, the judge instructs the jury on the law.
The jury deliberates in private, and their verdict must be unanimous in Delaware criminal cases. A guilty verdict leads to sentencing. A not guilty verdict means an acquittal, and the defendant cannot be retried for the same offense due to double jeopardy protection. If the jury cannot reach a unanimous decision (a hung jury), a mistrial may be declared. After a guilty verdict, the defense can file post-trial motions, such as for a new trial or acquittal.
Penalties
Penalties for theft by false pretense in Delaware depend on the property’s value. Delaware Code Title 11, section 841 grades these offenses as misdemeanors or felonies, setting the sentence range.
If the value is under $1,500, it’s a Class A misdemeanor, with up to one year incarceration and a $2,300 fine (Delaware Code Title 11, sections 841, 4206).5Justia. 11 Delaware Code § 4206 (2022) – Sentence for Misdemeanors
For property valued at $1,500 or more, the offense is a felony. A Class G felony applies to values from $1,500 to less than $50,000 (up to 2 years incarceration). If the value is $50,000 to less than $100,000, it’s a Class E felony (up to 5 years). Property valued at $100,000 or more results in a Class C felony (up to 15 years). Felony penalties are per Delaware Code Title 11, section 4205, and grading under section 841.6Justia. 11 Delaware Code § 4205 (2024) – Sentence for Felonies
Certain situations elevate grading regardless of value. Theft from a person, someone over 62, an impaired adult, or a person with a disability is a Class G felony if under $1,500 (unless higher penalties apply). This is according to Section 841.
Courts often order restitution, requiring repayment to the victim (Delaware Code Title 11, section 4106).7FindLaw. Delaware Code Title 11 § 4106 – Restitution for Property Damage or Loss Failure to pay can bring more penalties. Judges also consider case specifics and prior records in sentencing.