Theft By False Pretenses - Penal Code 532 PC
This theft crime, as defined under California Penal Code Section 532, is not to be taken lightly. It is a serious offense that involves a severe act of tricking another individual or entity into providing you with money, goods, services, or anything of value through a scheme designed to deceive them with false information.
The potential consequences of such actions can be significant, underscoring the gravity of the situation.
A perfect example is when you get a phone call from someone claiming to be a government agency, and they ask you for some identifying information. You give it to them, thinking that they are a government agency. Still, they are tricksters, taking your information and using it to run up credit and mess it up, taking your identity. This would be an example of theft by pretenses.
So, if you're charged with this type of offense, the prosecutors will likely seek severe punishment. This is because you've used sophistication and trickery to take things from people and cause long-term damage. The potential consequences of such actions can be significant, such as a bad hit on the victim's credit or a record that they can't get off.
It is challenging to deal with. You're also dealing with people's personal information. Typically, when you have a theft by pretenses in Los Angeles or anywhere in the country for that matter, a couple of things the prosecutors are going to be looking at when determining how they're going to deal with the case are:
- How sophisticated you were and
- What type of damage did you cause?
Amount of Financial Loss
In other words, did you cause thousands of dollars worth of damage? Did you cause the victim in the case to have a personal attack on their information, which will take them a long time to recover their credit? They will also look at whether you caused a loss and whether you can pay the money back.
Or, do you now have no money, and the person has not only been wronged because you stole from them but also can't get the money back from you? These are some things that the judge will look at when dealing with a theft by pretenses case. The prosecutor will examine these things to determine how they will handle your case.
There are defenses to theft by false pretenses, but obviously, like anything in criminal defense, the defense you're utilizing has to make sense.
In other words, if they can't prove that you took anything or that you were the actor taking the goods, services, or whatever is of value from the other party, then they will have a problem proving the case against you. Other potential defenses could include a lack of intent to deceive or a lack of knowledge about the false information.
If there's no loss in the case, that is another argument that it's not a legitimate theft by false pretenses case, and you could defend it. This possibility of defense provides a ray of hope in what might seem like a challenging situation. There are avenues for defense that can be explored.
Given the complexities of the law and the unique circumstances of each case, it's crucial to seek the guidance of a seasoned defense attorney to determine the best defense strategy.
A defense attorney can help you understand your rights, navigate the intricacies of the law, and make informed decisions about your case. They can also represent you in court, negotiate with the prosecution, and advise you on the best course of action.
Give your attorney all the facts, be honest, and let them know. Then, you can discuss potential defenses related to the offense you're charged with. Your attorney can help you make strategic moves that protect your rights, reputation, freedom, and interests.
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