Short answer: Under G.S. 14-100, a person who knowingly uses a false pretense to obtain, or attempt to obtain, money, goods, property, services, or anything of value with intent to cheat or defraud commits a felony. It is a Class H felony when the value is under $100,000 and a Class C felony when the value is $100,000 or more.
What the State has to prove
- A false representation of a past or existing fact, or of a future fulfillment or event.
- Made knowingly and designedly.
- With intent to cheat or defraud.
- That obtained, or attempted to obtain, something of value from someone in North Carolina.
An attempt is enough. The State does not have to show the scheme succeeded.
Penalties by value
| Value obtained or attempted | Class under G.S. 14-100(a) |
|---|---|
| Less than $100,000 | Class H felony |
| $100,000 or more | Class C felony |
Felony sentence lengths depend on the class and your prior record level under G.S. 15A-1340.17. See our felony classes guide.
A broken contract is not enough
G.S. 14-100(b) says evidence of nonfulfillment of a contract obligation, standing alone, does not establish intent to defraud. This matters in cases that grow out of business deals, contractor jobs, and loans, where the real dispute may be civil. The defense often focuses on what the person believed and intended at the time of the statement.
How it differs from larceny and embezzlement
False pretenses involves getting someone to hand over property, and usually ownership, because of a lie. Larceny is taking property without consent, and embezzlement is misusing property you were lawfully entrusted with. If the proof at trial shows the property was obtained in a way amounting to larceny or embezzlement, the statute allows the jury to still decide guilt on the false pretenses charge. See our pages on larceny and larceny by employee.
Frequently asked questions
Is obtaining property by false pretenses a felony in NC?
Yes. Under G.S. 14-100, it is a Class H felony when the value is less than $100,000 and a Class C felony when the value is $100,000 or more.
Can a failed business deal be charged as false pretenses?
It can be charged, but G.S. 14-100(b) says evidence that a contract obligation was not fulfilled, standing alone, does not establish intent to defraud. The State must prove intent at the time of the false statement.
Is an attempt to obtain property by false pretenses a crime?
Yes. G.S. 14-100 covers obtaining or attempting to obtain anything of value by a false pretense with intent to defraud.
If you are facing this situation, call Martine Law before your court date for a free consultation with our Director of Client Engagement. We have offices in Charlotte, Raleigh, Cary, and Belmont. Call (704) 842-3411 or (919) 925-4613, or send us a message. Phones and chat are answered 24/7, with AI covering when no staff is free.
Last updated October 2026.
This page states North Carolina law as of October 2026 and is for general information, not legal advice. Reading it does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.