NRS 205.380: Obtaining Money by False Pretenses—Definition, Examples, Penalties and FAQs

Under Nevada Revised Statute (NRS) 205.380, obtaining money, goods, or services through false pretenses is a serious crime. This law specifically targets individuals who intentionally deceive others to gain financial or material benefit.

The implications of this statute are far-reaching, with cases ranging from fraudulent insurance claims to asserting false information for personal gain.

Understanding this law is critical, particularly in the state of Nevada where instances of such fraudulent activities have been on the rise, especially since the start of COVID.

If you, or someone you know, is facing charges for obtaining money by false pretenses, it’s crucial to consult with a knowledgeable attorney who can navigate the complexities of this law and guide you through your legal options.

The Defenders is a criminal defense law firm in Las Vegas with extensive experience defending clients charged with fraud-related crimes, including those under NRS 205.380. Contact our office today for a free consultation.

Definition: What Constitutes Obtaining Money by False Pretenses

According to NRS 205.380, obtaining money by false pretenses refers to the act of knowingly and intentionally deceiving another person or entity through false statements or representations with the intention of obtaining money, goods, or services.

This crime is considered a form of theft and falls under the broader category of white-collar crimes.

Below are common examples of false pretenses:

Real-Life Examples of Obtaining Money by False Pretenses

To better understand the scope of obtaining money by false pretenses, let’s explore some real-life examples of this offense:

1. Job Payment Fraud: Imagine a scenario where an individual accepts payment for a job or service they have no intention of completing. They mislead the client, take the payment, and disappear without providing the agreed-upon service. This is a clear case of obtaining money by false pretenses.
2. Sale of Defective Property: Another example could involve someone selling a car but failing to disclose that the engine is non-functional. By intentionally concealing this information, the seller obtains money for a vehicle that is not in the condition they represented it to be.
3. Pretending to be a Representative of a Legitimate Business: In some instances, individuals might impersonate representatives of legitimate businesses and use this false identity to obtain money from unsuspecting victims. This could involve asking for fake donations or payments for services they have no intention of providing.
4. Writing Bad Checks: If an individual writes a check to another person for goods or services, knowing they do not have sufficient funds to cover the payment, they are engaging in obtaining money (or labor in this case) by false pretenses.

Penalties for Obtaining Money by False Pretenses

The penalties for obtaining money by false pretenses in Nevada vary depending on the value of the money or property obtained:

Misdemeanor

If the value of the money or property fraudulently obtained is less than $1200, the offense is classified as a misdemeanor. The potential penalties include:

• Up to six months in jail
• A fine of up to $1,000
• Restitution to the victim

Category D Felony

If the value of the money or property obtained is $1,200 or more but less than $5,000, the offense is classified as a category D felony. The potential penalties include:

• Between 1 to 4 years in state prison
• A fine of up to $5,000
• Restitution to the victim

Category C Felony

If the value of the money or property obtained is $5,000 or more but less than $25,000, the offense is classified as a category C felony. The potential penalties include:

• Between 1 to 5 years in state prison
• A fine of up to $10,000
• Restitution to the victim

Category B Felony

For obtaining money or property fraudulently valued at $25,000 but less than $100,000, the offense is classified as a category B felony. The potential penalties include:

• Between 1 year and 10 years in state prison
• A fine of up to $10,000
• Restitution to the victim

Category B Felony (for higher amounts)

For obtaining money or property fraudulently valued at $100,000 or more, the offense is still classified as a category B felony but with higher penalties. The potential penalties include:

• Between 1 year and 20 years in state prison
• A fine of up to $15,000
• Restitution to the victim

Common Defenses for Obtaining Money by False Pretenses

When facing charges of obtaining money by false pretenses, it is essential to mount a strong defense. Here are some common defenses that your criminal defense attorney may explore:

1. Lack of Intent: Your attorney may argue that you did not have the intention to defraud or cheat the other person. They will examine the evidence and present a compelling case to demonstrate your innocence.
2. Mistaken Identity: If there is any doubt regarding your involvement in the fraudulent activity, your attorney may argue that you have been mistakenly identified as the perpetrator.
3. Insufficient Evidence: Your attorney will scrutinize the evidence presented by the prosecution and challenge its validity or reliability. Insufficient evidence can weaken the prosecution’s case and potentially lead to a favorable outcome.

Remember, if you are facing such charges, it’s essential to seek the help of an experienced criminal defense attorney as soon as possible. With their knowledge and expertise, you can build a strong defense and fight for your rights in court.

Related Crimes

Obtaining money by false pretenses is just one type of fraud-related crime. Other offenses that fall within this category include:

Embezzlement

Embezzlement is a white-collar crime that involves misappropriation of funds entrusted to someone’s care. If you’ve been entrusted with managing someone’s money or property and unlawfully take it for your personal use, you can be charged with embezzlement.

Identity Theft

Identity theft involves wrongfully obtaining and using another person’s personal data for economic gain. This could include using someone else’s credit card information or social security number to make unauthorized purchases or transactions.

Credit Card Fraud

Credit card fraud is a form of identity theft that involves the unauthorized use of another individual’s credit card information for the purpose of charging purchases to the account or removing funds from it.

Forgery

Forgery involves the making, altering, use, or possession of false writing in order to commit a fraud. It can include forging checks, contracts, or other documents.

Check Fraud

Check fraud includes all criminal actions involving the unlawful use of checks, either by forging, passing bad checks, or altering checks.

Each of these crimes is related to obtaining money under false pretenses, as they all involve deception for financial gain. It is essential to understand the severity of these offenses and seek legal assistance if facing any charges.

Why Hiring a Criminal Defense Attorney is Crucial

When facing charges related to obtaining money by false pretenses, it is crucial to have a skilled and experienced criminal defense attorney by your side. Here’s why:

1. Legal Expertise: A criminal defense attorney specializes in navigating the legal system and understands the intricacies of obtaining money by false pretenses cases. They have the knowledge and expertise to build a strong defense tailored to your unique circumstances.
2. Protecting Your Rights: Your attorney will ensure that your rights are protected throughout the legal process. They will advocate for you, challenge the prosecution’s case, and work towards a favorable outcome.
3. Negotiating with Prosecutors: In some cases, your attorney may be able to negotiate with the prosecutors to reduce the charges or penalties you are facing. They will leverage their negotiation skills and legal expertise to achieve the best possible outcome.
4. Building a Strong Defense: Your attorney will thoroughly investigate the case, gather evidence, interview witnesses, and build a strong defense strategy tailored to your specific situation. They will work tirelessly to challenge the prosecution’s evidence and present a compelling case in your favor.

Contact The Defenders for a Consultation

If you or someone you know is facing charges related to obtaining money by false pretenses, or any crime, it is crucial to consult with an experienced criminal defense attorney. At The Defenders, we are dedicated to protecting your rights and providing you with the best possible legal representation.

Call us today at 702-333-3333 for a free consultation and let us guide you through this challenging process.

The Defenders is a reputable law firm based in Las Vegas, Nevada, specializing in criminal defense. Our team of experienced attorneys is committed to providing exceptional legal representation and personalized attention to each client. With our extensive knowledge of Nevada law and dedication to achieving favorable outcomes, we are here to be your trusted advocates in times of legal need.

Contact us today to schedule a consultation and let us fight for your rights.

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