By Attorney James Czarnecki|Czarnecki & Taylor PLLC|OCT 23, 2022
The crime of Michigan false pretenses is a very common crime prosecuted in the state. To commit the crime of false pretenses, someone must intentionally mislead another person to get something of value from them. False pretenses is defined as obtaining property through fraudulent means or representations. This could include lying about your identity or qualifications to get items from someone else, such as money or possessions.
This article looks at the basics of Michigan’s false pretenses law, including what it is, what elements are required for a conviction, and potential penalties. Under Michigan law, false pretenses is defined as intentionally deceiving someone to obtain money or property from them. This offense can be charged as either a misdemeanor or felony, depending on the value of the money or property stolen, with more severe penalties reserved for higher dollar amounts. While having strong legal defenses is essential for defending against charges of false pretenses, it is also important to understand how this charge can impact your life.
The elements of the Michigan False Pretenses crime
To successfully defend against charges of false pretenses, it is important to have a strong understanding of the legal elements and defenses associated with this crime. With an effective legal defense strategy, you can protect yourself from harsh penalties and consequences that may arise because of a false pretense conviction.
A false pretense is a situation in which one person deceives another into giving up something of value. This concept is often associated with fraud, and prosecutors view it as a serious crime. In Michigan, laws about false pretenses are complex and can vary depending on several factors. Michigan law defines false pretenses in the following way:
(1) A person who, with the intent to defraud or cheat makes or uses a false pretense to do 1 or more of the following is guilty of a crime punishable as provided in this section:
(a) Cause a person to grant, convey, assign, demise, lease, or mortgage land or an interest in land.
(b) Obtain a person’s signature on a forged written instrument.
(c) Obtain from a person any money or personal property or the use of any instrument, facility, article, or other valuable thing or service.
(d) By means of a false weight or measure obtain a larger amount or quantity of property than was bargained for.
MCL 750.218
The law also clarifies by stating: “The false pretense may be a representation regarding a past or existing fact or circumstance or a representation regarding the intention to perform a future event or to have a future event performed.”
False pretenses then, is a broad crime that can include many activities. Generally, this offense occurs when someone knowingly makes false statements or induces another person to rely on those statements to obtain money or other valuable property. For example, if you convince a friend to lend you money based on false claims about your financial situation, you may be guilty of false pretenses. The Michigan crime of false representations can lead to serious legal consequences if you made the representations with the intent to defraud someone.
Here is an article on Retail fraud to help provide an example of different fraudulent charges. Also, what to expect in Michigan retail fraud cases.
What the prosecutor must prove in a false pretense case.
Even though MCL 750.218 defines false pretense, Michigan courts have defined what elements the prosecution must prove in a false pretense prosecution:
- A false representation as to a past or an existing material fact
- Knowledge by the defendant of the falsehood of the representation
- The false representation was used intending to deceive another person
- The victim relied on the false representation to his or her detriment; and
- The person passed title or ownership of the property to the defendant
There are different ways that a person can commit the crime of false pretenses in Michigan. One way is by making a false statement or representation about something material and intending to defraud another person. For example, if you make misleading statements about the value of property or goods that you intend to sell, then you may be guilty of false pretenses.
Examples of Michigan false pretense crimes
For example, in a prosecution for false pretenses involving the sale of a fake baseball card, the prosecutor would have to prove that the defendant made an intentionally false statement about the baseball card, the defendant knew the baseball card was fake; the defendant intended to deceive the buyer, and that the buyer purchased the fake baseball card because of the false statements made by the defendant.
Another way that someone could be charged with false pretenses under Michigan law is by taking possession of property or money owned by someone else with the intention of not returning it.
One typical example of the crime of false pretenses can occur when the defendant convinces someone to sell and transfer the title to their car for a certain amount of money. Still, the buyer had no intention of paying the seller any money. The most common example of the Michigan crime of false pretenses involves a defendant taking advantage of someone who relies on a false fact.
Another example of the crime of false pretenses might involve a buyer falsely telling a seller that a vintage collectible is fake and then offering to pay an unreasonable dollar amount for the truly expensive collectible. If the seller relies on the buyer’s false and material representation and accepts the offer when the buyer knows the collectible is genuine and worth much more than the amount offered, the buyer is guilty of obtaining the collectible by false pretenses.
However, a factual distinction can be made. If the property seller is unaware that they have a genuinely expensive collectible for sale at a low price, due to no fault of the buyer, the buyer would not have committed the crime of Michigan false pretenses if the buyer did not tell the seller the actual value of what they were selling. A buyer is not obligated to tell the seller the true value of the item for sale.
Other examples of cases that have been prosecuted as false pretense crimes in Michigan include:
- A man who sold bogus concert tickets to multiple people.
- A woman who created a fake online dating profile and used it to solicit money from men she met.
- A group of people who created a fake website and online store, selling merchandise that they never intended to deliver.
Based on the examples, under Michigan law, the essential element of Michigan false pretenses is that the victim must be misled by a material misrepresentation made by the defendant. The misrepresentation must also be a significant factor causing the victim to convey the property to the defendant. Lastly, the material misrepresentation must be an affirmative statement by the defendant. An omission of facts is not a material misrepresentation.
If you are convicted of false pretenses, the consequences can be serious. You could face significant fines, jail time, or both, depending on the circumstances. In addition, your conviction may impact future job prospects and other aspects of your life because of the stigma associated with a conviction for this type of crime.
Penalties for a false pretenses conviction
False pretense crimes are serious offenses and can result in harsh penalties if you are convicted. Penalties for false pretenses vary depending on the circumstances of your case, but can include fines and jail time, as well as having a criminal record that could impact future employment opportunities.
One factor that may influence the penalties for false pretenses is the value of the item obtain by false pretenses. If you obtained something of high value, then this will likely be considered a felony offense under Michigan law and could carry harsh penalties, such as higher fines or longer jail time.
| Value of Property Taken False Pretenses | Maximum Imprisonment, Fines |
| Under $200 | 93 days and/or $500 fine |
| $200 but less than $1,000 | 1 year and/or $2,000 fine |
| $1,000 but less than $20,000 | 5 years and/or $10,000 fine |
| $20,000 but less than $50,000 | 10 years and/or $15,000 fine |
| $50,000 but less than $100,000 | 15 years and/or $25,000 fine |
| $100,000 or greater | 20 years and/or $50,000 fine |
Criminal penalty of triple value
The penalties for a false pretenses charge can be severe. If you are found guilty you could end up in a financial ruin. You may be required to pay triple restitution for damages that were incurred because of your fraudulent actions.
Michigan law, MCL 750.218, permits the court to impose a fine of triple the value involved, whichever is greater. This means that as the value of the item received by the defendant increases in value,the fine of triple the value will exceed the original value of the item received through false pretenses. For example, if the value of the item received by false pretenses is $30,000, the judge could impose triple the value, making the fine escalate to $90,000.
In addition, the court can award restitution to the victim for losses attributed to the defendant. A conviction can easily put a person in financial ruin.
How a criminal lawyer can help you.
Having a lawyer on your side is an important factor ensuring that you receive the best possible outcome. If you face false pretence charges, it is critical that you work with an experienced and knowledgeable criminal defense attorney who can provide effective representation every step of the way. Here are just some reasons you need a lawyer to represent you in this type of situation:
1. You need someone who has experience handling these types of cases.
False pretenses cases can be complex and challenging, which is why it is so important to work with an attorney who has experience handling them. Your lawyer will have a deep understanding of the legal system and the various strategies that can be used to build a strong defense for you.
2. A lawyer will provide personalized representation tailored to your unique situation.
In addition to having knowledge and experience, your lawyer will also take the time to get to know you and understand the specific details of your case. This means that they will work hard to tailor their representation in order to meet your needs and achieve the best possible outcome for you.
3. A lawyer can help you navigate all aspects of the legal process, from filing motions to preparing for trial.
Being involved in a legal matter like this can be stressful and overwhelming, but having an experienced attorney on your side can make it much easier. Your lawyer will help you navigate the legal process and provide support every step of the way, from filing motions to preparing for trial.
If you have been charged with false pretenses in Michigan, it is important to seek legal advice from an experienced criminal defense attorney who can help you understand your rights and options.
In short, if you are facing a Michigan false pretenses case, having an experienced and knowledgeable criminal defense attorney on your side can make all the difference in achieving a favorable outcome. So if you need someone to represent you in this type of situation, be sure to work with an experienced lawyer who has the skills and expertise needed to help you succeed.
Defenses to Michigan False Pretenses
Some common legal defenses include:
1. The defendant did not intend to deceive the victim. Sometimes, people unintentionally misrepresent themselves or their intentions, which can lead to an innocent person being convicted of false pretenses. If the defendant honestly believed their statements were factual, they could not be guilty of false pretenses. For example, if you thought a Rolex was real when you sold it, which turned out to be inaccurate, you may have mistakenly led someone to believe that the Rolex was genuine and did not intentionally mislead them.
This defense relies on the defendant’s lack of intent. To prove that you committed the crime of false pretenses, the prosecution must show that you intended to deceive the victim and deprive them of their property or money. If they cannot show this element, they cannot obtain a conviction against you. You can raise this defense by showing evidence that you did not intend to defraud the victim and were mistaken or confused about specific facts.
2. The victim did not rely on the defendant’s statements in making their decision. In order for someone to be found guilty of false pretenses, they must have actually used deception to convince the victim to give up something of value. If there is evidence that the victim acted independently and was not influenced by the defendant’s statements or actions, then they cannot be held accountable for fraudulent behavior.
3. There was no “property” involved in the transaction. False pretenses charges only apply when there is some sort of tangible valuable exchanged between the parties.
4. Another potential defense is that the original transaction between yourself and the victim was completely legal and fair.
5. False accusation. Sometimes, people may make false accusations against others in order to discredit them or get back at them for something else that happened in the past. If this is true in your case and there is no actual evidence of fraud committed by you, then you can avoid a conviction by raising a defense of false accusation. An experienced defense attorney can show that the victim had a motive for accusing you of the crime, such as jealousy or revenge, and there is no reliable evidence that proves your guilt.
If you are facing charges for false pretenses in Michigan, it is important to understand your legal options and work with a skilled defense attorney who can help build a strong case on your behalf. With the right strategy and approach, you can avoid conviction or minimize any potential penalties you may face.
Czarnecki & Taylor experience handling Michigan false pretenses cases.
Czarnecki and Taylor are experienced criminal defense lawyers. We specialize in handling false pretense charges, which is a very broad term that encompasses many types of crimes.
Czarnecki and Taylor have extensive experience defending clients facing all types of charges. We understand the intricacies of false pretense charges, including how important it is to review all the evidence thoroughly before building any kind of defense strategy. Besides having a deep understanding of the law surrounding these kinds of offenses, Czarnecki and Taylor also have access to a wide range of investigative resources that can help them uncover additional information that may prove helpful in these cases.
Czarnecki and Taylor are dedicated attorneys who understand the importance of putting their clients’ best interests first. Whether you are facing charges related to false pretenses or another type of criminal offense, we can provide the support and representation you need during this difficult time.
Here are sample results we achieved for clients facing serious embezzlement, false pretenses, and fraud charges:
- Macomb County Circuit Court, felony embezzlement over $1,000,000.00 from car dealership
Result: 20 year felony reduced to disorderly conduct under delayed sentence applied retroactively -CASE DISMISSED client placed on probation - Macomb County Circuit Court, felony embezzlement, over $200,000.00:
Result: Reduced to a misdemeanor - Macomb County Court, fraud by trustee of estate sued for $500,000 or more: Result: Reduced to $10,000 settlement
- numerous smaller cases across Macomb County
Contact Czarnecki & Taylor
Criminal cases can be very complex and difficult to manage, but at Czarnecki & Taylor we have the experience and expertise needed to successfully handle even the most challenging cases. We understand that each case is unique and requires a tailored approach based on the specific circumstances. Our team of skilled lawyers has the knowledge and skills necessary to navigate through all the legal challenges involved in criminal cases, from investigating the charges, gathering evidence, negotiating plea agreements, preparing for trial, representing clients in court proceedings, and advocating for their rights throughout every stage of the process.
Whether you are facing misdemeanor or felony charges, our lawyers will work closely with you to fully understand your situation and help you make informed decisions about your case. We know how stressful it can be to deal with a criminal case, and we will be there every step of the way to support you and ensure that your rights are protected. We have an unparalleled level of success in handling all types of misdemeanors or felonies.
If you are facing criminal charges, contact our law office today to learn more about how we can help. We look forward to working with you.
Do you have questions regarding Michigan’s false pretenses or fraud? We’ve got answers. Czarnecki & Taylor PLLC’s experienced attorneys will handle your case with care and help you through every step of the process.
For a free consultation, call us today at (586) 718-2345 or online for a prompt response. We are available 24/7 and have weekend and evening appointments.