False Pretense Charges in Delaware: Laws, Penalties, and Defense
Understand how Delaware law defines and prosecutes false pretense, including key legal distinctions and what to expect in the legal process.
A charge involving false pretenses in Delaware carries significant legal and personal consequences, often stemming from accusations of obtaining money, property, or services through deceit. The legal framework surrounding these charges is complex.
This article outlines the key aspects of false pretense cases under Delaware law, including the definition of the offense, potential penalties, the court process, and how it differs from related crimes.
Legal Elements
For a conviction of theft by false pretense in Delaware, the prosecution must prove several specific elements beyond a reasonable doubt. The core statute, Title 11, Section 843 of the Delaware Code, defines the offense as obtaining property from another person through intentional deception, with the intent to deprive the owner of the property, as specified in the general theft statute (Section 841).1Justia US Law. Delaware Code Title 11 § 843: Theft; False Pretense
A key component is “obtaining property,” which means securing ownership or a legal interest, not just temporary possession. The property can range from money to goods or other valuables and must belong to someone else before the deceptive act.
The method must involve “deception,” as defined in Section 844. This includes knowingly creating or reinforcing a false impression about a current or past fact, or preventing someone from learning information that would affect their decision in a transaction. Critically, the deception must relate to the present or past, not a future promise.
The deception must also be intentional. The accused must have purposefully created the false impression or withheld information, knowing it was false, specifically to mislead the victim into giving up their property. Accidental misstatements typically do not meet this legal standard. This deliberate intent is a crucial element the prosecution must establish.
Classification and Penalties
The severity of a theft by false pretense charge in Delaware depends mainly on the value of the property involved, according to the theft grading structure in Title 11, Section 841.2FindLaw. Delaware Code Title 11 § 841: Theft Classification If the property’s value is under $1,500, the offense is usually a Class A misdemeanor, punishable by up to one year in jail and a fine up to $2,300.
When the property value is $1,500 or more, the charge becomes a felony. Theft of property valued between $1,500 and $50,000 is generally a Class G felony, carrying a potential sentence of up to two years of incarceration. This felony classification signifies a substantial increase in the seriousness of the offense.
Delaware law imposes harsher penalties if the victim is considered vulnerable or if the value is particularly high. If the victim is 62 or older, impaired, or disabled, a theft under $1,500 becomes a Class G felony. If the value is $1,500 or more in such cases, it elevates to a Class F felony, punishable by up to three years imprisonment.
For high-value thefts, regardless of the victim’s status, the penalties increase further. Theft of property valued between $50,000 and $100,000 is a Class D felony (up to 8 years). If the value is $100,000 or more, it becomes a Class B felony, carrying a sentence between 2 and 25 years. In all theft convictions, the court must also order the defendant to pay full restitution to the victim for their financial losses.
Court Process
The court process for a false pretense charge in Delaware typically starts after a police investigation leads to an arrest or a summons. Following an arrest, the accused appears before a judicial officer, usually within 24 hours, for an initial appearance where charges are presented and bail conditions are set. The Delaware Department of Justice prosecutes these cases on behalf of the state.
The path forward depends on whether the charge is a misdemeanor or a felony. Misdemeanors are generally handled in the Court of Common Pleas. Felonies proceed to the Superior Court, often after a preliminary hearing (to establish probable cause) or, more commonly, a grand jury indictment.3Delaware Department of Justice. Charging Methods in Delaware Criminal Cases The grand jury, composed of citizens, reviews evidence privately to decide if there is enough probable cause for a formal accusation (indictment), a step required for serious offenses under the Delaware Constitution unless waived.
If indicted, the case moves to Superior Court for arraignment. Here, the defendant hears the formal charges and enters a plea, such as guilty, not guilty, or no contest. A “not guilty” plea triggers pre-trial proceedings.
The pre-trial phase involves discovery, where both sides exchange evidence like witness statements and documents, governed by court rules. Attorneys may file motions, perhaps to exclude evidence or dismiss charges. Plea negotiations between the prosecutor and defense counsel are common during this stage, potentially resolving the case without a trial.
If no plea agreement is reached, the case goes to trial, usually before a jury for felonies. The trial begins with jury selection, followed by opening statements from both sides. The prosecution presents its evidence first, aiming to prove guilt beyond a reasonable doubt, and its witnesses can be cross-examined by the defense.4Delaware Department of Justice. Steps in a Criminal Trial The defense may then present its own case, with its witnesses subject to cross-examination. After closing arguments summarizing each side’s position, the judge instructs the jury on the relevant law.
The jury deliberates privately and must reach a unanimous verdict. A “guilty” verdict leads to sentencing. A “not guilty” verdict (acquittal) ends the case. If the jury cannot agree (a hung jury), the judge declares a mistrial, and the prosecution may choose to retry the case. After a guilty verdict or plea, a sentencing hearing is held where the judge determines the penalty, considering arguments and often a pre-sentence report. Decisions and verdicts can be appealed to higher courts, like the Delaware Supreme Court, if legal errors are believed to have occurred.
Differences From Related Offenses
Understanding property crimes in Delaware involves distinguishing theft by false pretense from similar offenses. While many involve unlawfully obtaining property, the methods differ under state law. False pretense (Title 11, Section 843) requires getting property through intentional deception about a past or present fact, meaning the victim transfers property willingly, but based on fraud.
This differs from general theft (Section 841), which includes larceny where property is taken without consent. The key in false pretense is the fraudulent inducement of consent. Embezzlement involves someone lawfully possessing property (like an employee with company funds) who then fraudulently converts it for personal use. The distinction lies in the initial possession: obtained by deception in false pretense, versus initially lawful possession in embezzlement.
Receiving stolen property (Section 851) involves acquiring property knowing it was stolen.5Justia US Law. Delaware Code Title 11 § 851: Receiving Stolen Property The person charged didn’t commit the original theft but dealt with the property afterward. False pretense involves being the person who causes the transfer through deceit. Selling stolen property (Section 852A) is a related but distinct act concerning the subsequent sale of known stolen goods.
Forgery (Section 861) involves falsely creating or altering a written document with intent to defraud. While a forged check might be used in a false pretense scheme, forgery focuses on the document itself, whereas false pretense focuses on obtaining property through any qualifying deception, verbal or written.
Identity theft (Section 854) involves using someone else’s personal information without authorization to commit a crime.6Justia US Law. Delaware Code Title 11 § 854: Identity Theft While identity theft can facilitate false pretense (e.g., using a stolen ID to open a fraudulent account), false pretense covers a broader range of deceptive acts beyond misusing personal data.
Issuing a bad check (Section 900) is a specific act of passing a check knowing it won’t be honored.7Justia US Law. Delaware Code Title 11 § 900: Issuing a Bad Check While this is a form of deception and can be prosecuted under this statute, it’s just one method that might constitute theft by false pretense, which encompasses many other deceptive practices.
When to Seek Legal Counsel
Navigating a theft by false pretense charge under Delaware law warrants seeking legal advice promptly. Anyone under investigation, contacted by police about potential deception involving property, or formally charged should consult an attorney. The laws defining false pretense (Title 11, Section 843) and deception (Section 844) have specific requirements that need careful legal analysis. Early consultation allows a lawyer to understand the situation and advise on rights and options.
Legal counsel is crucial when dealing with law enforcement and prosecutors. Individuals have constitutional rights, including the right to remain silent and the right to an attorney, which apply throughout the Delaware criminal process. A lawyer can protect these rights, advise against self-incriminating statements, and ensure representation at key stages, starting from the initial court appearance.
Engaging a lawyer early allows for a detailed review of the prosecution’s evidence. An attorney experienced in Delaware criminal defense can assess if the state can prove every element of the charge, including intentional deception and the required intent under Section 841. They can explain the court procedures, potential outcomes, and strategic options. Delaying legal advice can hinder the ability to investigate, gather evidence, and build an effective defense. Contacting an attorney soon after learning about a potential false pretense charge is a critical step in addressing the situation within the Delaware justice system.
