False pretense is an offense involving deliberate deception to unlawfully acquire someone else’s property. In Delaware, this crime is defined by specific laws and carries penalties that vary based on the value of the property involved. Understanding the legal definition, recognizing common scenarios, and knowing the potential consequences are important for any resident.
Defining False Pretense in Delaware
Under Delaware law, the crime of false pretense is a form of theft codified in Title 11, Section 843 of the Delaware Code.1Justia Law. 11 Delaware Code § 843 (2024) – Theft; false pretense. For a conviction, a prosecutor must prove several elements. The core of the offense is a misrepresentation made by the defendant, which must be a false statement about a past or existing fact, not a simple broken promise about a future action.
The defendant must have known the representation was false and had a specific intent to defraud the victim. This intent separates a criminal act from a civil dispute, such as a breach of contract. The victim must have relied on this false information when deciding to hand over their property.
The prosecution must also show that the defendant successfully obtained ownership of the victim’s property as a direct result of the deception. This property can include money, physical goods, or services.
Common Scenarios of False Pretense
The crime of false pretense can occur in many contexts, often in everyday commercial transactions. One common example involves a contractor who accepts a large down payment for a home renovation project with no intention of ever starting or completing the job. The intent to defraud is demonstrated by the contractor’s subsequent disappearance or failure to purchase materials.
Another frequent scenario is the sale of goods under false pretenses. This could involve an individual selling a vehicle while intentionally concealing a major, known mechanical failure, like a cracked engine block, and representing the car as being in excellent working condition. The seller’s knowledge of the defect and deliberate failure to disclose it constitutes the deceit.
Using fraudulent payment methods also falls under this category. An individual who purchases merchandise using a stolen credit card or writes a check from an account they know has been closed is committing theft by false pretense. The act of presenting the card or check is an implicit, false representation that they are authorized to use it for payment.
Penalties for False Pretense Convictions in Delaware
The penalties for a false pretense conviction in Delaware are tied to the monetary value of the property unlawfully obtained. The offense is graded as either a misdemeanor or a felony, which determines the severity of the punishment.
- Less than $1,500: A Class A misdemeanor, with up to one year in prison and a fine of up to $2,300.2Justia Law. 11 Delaware Code § 4206 (2022) – Sentence for misdemeanors.
- $1,500 to $50,000: A Class G felony, with up to two years of incarceration.
- Over $50,000 to less than $100,000: A Class D felony, punishable by up to eight years of incarceration.3Justia Law. 11 Delaware Code § 4205 (2024) – Sentence for felonies.
- $100,000 or more: A Class B felony, carrying a sentence of two to 25 years.
If the victim is 62 or older, or a person with a disability, the theft of property valued at $1,500 or more is elevated to a Class F felony, punishable by up to three years in prison.4Justia Law. 11 Delaware Code § 841 (2024) – Theft; class B felony; class D felony; class F felony; class G felony; class A misdemeanor; restitution. In addition to fines and imprisonment, a court will order the convicted individual to pay full restitution to the victim. A felony conviction also creates a permanent criminal record that can affect future employment and housing opportunities.
What to Do if Accused of False Pretense
Facing an accusation of false pretense requires immediate and careful attention. It is advisable to exercise your right to remain silent and refrain from discussing any details of the situation with law enforcement, investigators, or any third parties.
You should seek consultation with a qualified criminal defense attorney who has experience with Delaware’s theft and fraud laws. An attorney can provide a clear explanation of the specific charges you are facing, analyze the evidence presented by the prosecution, and advise you on the best course of action.
Engaging legal counsel early ensures that your rights are protected. An attorney can manage all communications on your behalf, investigate the facts of the case, and begin to build a defense based on your specific circumstances.