False Declaration to a Pawn Broker
False pretense is a crime against the ownership of property. False pretense is, therefore, closely related to the crimes of larceny and embezzlement. In contrast with larceny, false pretense is the obtaining property through fraudulent, opposed to larceny, which is taking by stealth; not title to–the property. In contrast with embezzlement, false pretense is committed by the prohibited activity of obtaining title to the property through fraudulent schemes, whereas embezzlement involves the prohibited activity of appropriation of property already lawfully possessed. Basically, obtaining property under false pretense means the defendant obtained something by tricking the rightful owner to transfer the property.
The statute for Obtaining Property under False Pretense is OKLA. STAT. tit. 21 § 1481, which states “Every person who, with intent to cheat or defraud another, designedly, by color or aid of any false token or writing, or other false pretense, obtains the signature of any person to any written instrument, or obtains from any person any money or property is, upon conviction, guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for a term not exceeding three (3) years or in a county jail not exceeding one (1) year if the value is One Thousand Dollars ($1,000.00) or more, OR
by a fine not exceeding three times the value of the money or property so obtained, or by both such fine and imprisonment. If the value is less than One Thousand Dollars ($1,000.00), the person is, upon conviction, guilty of a misdemeanor punishable by imprisonment in the county jail for a term not exceeding one (1) year, or by a fine not exceeding three times the value of the money or property so obtained, or by both such fine and imprisonment.”
Elements of the Crime
In order to be convicted of Obtaining Property under False Pretense in Oklahoma, the prosecution must prove each of the following elements beyond a reasonable doubt. The criminal defense attorneys at Cannon & Associates are FIERCE ADVOCATES for every client and will hold the government to their burden in your case. In order to be convicted of this crime; the government must prove:
1) obtaining title;
2) to money or property;
3) of another;
4) by means of a false token, writing, or representation;
5) known by the defendant to be false;
6) with intent to defraud.
Oklahoma Jury Instruction #5-44.
What the Skilled Lawyers at Cannon & Associates Can Do For You
Being charged with Obtaining Property under False Pretense in Oklahoma is a serious matter. The Oklahoma criminal defense attorneys at Cannon & Associates are Fierce Advocates for Families and Freedom and will fight for you! At Cannon & Associates, we have extensive criminal defense experience, and will be with you every step of the way. We will take care to explain the issues and options to get you to your desired result and support you in this difficult time.
Contact – Cannon & Associates: Oklahoma Criminal Defense
Cannon & Associates is dedicated to Fierce Advocacy for Oklahoma criminal defendants and will fight for you. Founder John Cannon has been recognized as a Super Lawyer and Top 40 under 40. Contact Cannon & Associates to protect your rights and fight your criminal case in Oklahoma. Complete the CONTACT FORM ON THIS PAGE NOW or CALL at 405-657-2323 for a free confidential case evaluation.
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