May 1, 2025 | By HJP Legal
Defending Against Identity Theft and False Pretense Charges in Michigan
In Michigan, accusations of identity theft or fraud can carry severe legal consequences. While minor exaggerations during negotiations or misunderstandings in transactions might seem harmless, our state treats serious misrepresentations as crimes. Identity theft and false pretense fall into this category, and the penalties for such charges can range from hefty fines to long prison sentences. If you find yourself facing accusations of identity theft or fraud in Michigan, it’s essential to understand the legal intricacies and the defense strategies available to you.
At HJP Legal, we specialize in criminal defense for cases involving identity theft and false pretense. If you’re under investigation or facing charges in Michigan, our experienced attorneys are here to help you understand the charges and build a strong defense to protect your rights and your future.
Understanding False Pretense and Identity Theft in Michigan
False pretense is defined under Michigan’s Penal Code, specifically Section 750.218. It occurs when a person, with the intent to deceive or cheat, uses a false representation to obtain property or convince another person to sign, transfer, or convey something of value. This offense is closely related to identity theft because both involve misleading someone to gain access to their property or assets. However, while identity theft is specifically about using someone else’s personal information without permission, false pretense can be any form of deceptive misrepresentation intended to gain something of value.
How Michigan Defines False Pretense
Under Michigan law, false pretense can occur in many ways. It could be an outright lie about the nature of goods or services being offered, a fraudulent representation about someone’s financial condition, or a promise about a future event that the person making the promise knows to be false.
Since 1931, Michigan’s Penal Code has prohibited false pretense, but in 2004, the state expanded the law to cover promises about future events. If someone makes a promise they know to be untrue—such as a promise to repay a loan that they know they cannot honor—that can also be considered false pretense.
For instance, using someone else’s identity to open a credit account or obtaining property through a misrepresentation about the future (like claiming you have the ability to repay a loan when you don’t) could both be seen as forms of identity theft or false pretense under Michigan law.
Elements of a False Pretense Case in Michigan
If you’re facing a charge of false pretense or identity theft, the prosecution must prove several key elements to secure a conviction. These elements are:
- Misrepresentation of an Existing Fact: The first element the prosecution must prove is that a false statement was made. This could be a lie about something that already exists, such as saying you have ownership of an item you don’t own.
- Knowledge that the Statement is False: The person making the misstatement must know that the statement is false. If the misrepresentation is made without this knowledge, it could undermine the case against you.
- Intent to Deceive: The prosecution must show that the misrepresentation was made with the specific intent to deceive the victim. This is often the hardest element to prove because it requires insight into the defendant’s state of mind.
- Reliance and Harm: Finally, the prosecution must prove that the victim relied on the false statement and suffered harm or loss because of it. This is a crucial element in proving false pretense charges, as the victim must have been misled and directly harmed as a result.
For example, in a typical identity theft case, if someone uses another person’s name and personal information to obtain a credit card or take out a loan, the defendant may be guilty of false pretense if the victim is deceived into providing personal information or authorizing the transaction.
Penalties for False Pretense and Identity Theft in Michigan
The penalties for false pretense in Michigan depend on the value of the property involved. Convictions can range from relatively minor penalties for low-value fraud to significant prison sentences and fines for large-scale fraudulent schemes.
- For property valued at less than $200, a conviction can lead to up to 93 days in jail and a $500 fine.
- For property valued between $200 and $1,000, the penalty can increase to up to 1 year in jail and a $1,000 fine.
- For property valued between $1,000 and $20,000, a conviction can lead to up to 5 years in prison.
- For property valued over $100,000, the offense is a felony punishable by up to 20 years in prison and a $35,000 fine.
Additionally, Michigan law allows for triple the value of the property to be added as a financial penalty, which can far exceed the set statutory fines. In high-value cases, this could result in massive financial penalties, leading to severe financial hardship for those convicted.
Defending Against Identity Theft and False Pretense Charges in Michigan
If you’re facing accusations of identity theft or false pretense, it’s critical to work with an experienced criminal defense attorney who can challenge the prosecution’s case and help mitigate the consequences. Below are several potential defenses that may be used in these types of cases:
- Lack of Intent to Defraud: One of the most effective defenses is showing that you did not intend to deceive or defraud anyone. If the false representation was accidental, or if you were acting in good faith, you could argue that the required element of intent to deceive was not present.
- Innocent Misunderstanding or Lack of Knowledge: In some cases, the misrepresentation may have been made unknowingly, or there may have been a misunderstanding. If you were not aware that your actions would mislead someone or if the information was accidentally inaccurate, this could serve as a defense.
- No Harm or Loss to the Victim: If the alleged victim did not suffer any significant harm or loss as a result of the misrepresentation, it may be possible to argue that the charge of false pretense does not apply. Without financial loss, proving harm can be difficult for the prosecution.
- Challenging the Value of the Property: If the property involved is valued incorrectly or the prosecutor overstates the worth, the severity of the charges could be reduced. For example, if the value of the property is less than what the prosecution claims, the penalties may be less severe.
- Coercion or Duress: In some situations, individuals may have been coerced or forced into committing fraudulent acts. If you were acting under duress or pressure, this could be used as a defense to lessen the severity of the charges.
Protecting Your Rights and Future
Accusations of identity theft or false pretense in Michigan are serious and can have long-lasting consequences, both in terms of criminal penalties and personal reputation. If you’re facing such charges, it’s essential to consult with a skilled criminal defense attorney who can provide a thorough review of your case and develop a strategy to protect your rights.
At HJP Legal, we have extensive experience defending clients accused of identity theft and false pretense in Michigan. Our team is here to guide you through the legal process and ensure that you have the best chance at a favorable outcome.
If you’re under investigation or have been charged with identity theft or false pretense, don’t hesitate to contact us for a free, confidential consultation. We’re committed to defending your rights and helping you move forward. Call us today at 517-449-6544.
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