Obtain Money by False Pretenses” Law: A Comprehensive Guide to Code § 18.2-178

In Virginia, honesty in financial dealings is not just good ethics—it’s the law. When someone intentionally deceives another to secure money or property, the Commonwealth treats that betrayal with utmost seriousness. Under Virginia Code § 18.2-178, “obtaining money by false pretenses” is a felony offense, reflecting society’s demand for truthfulness in all transactions. Whether it’s a bad check, a scam artist posing as a contractor, or a con involving forged documents, prosecutors pursue false-pretenses cases vigorously.

If you face allegations under this statute, understanding every facet of the law is essential. This article dives deep into the offense: what Virginia law defines as false pretenses, the elements prosecutors must prove, the severe consequences upon conviction, common defenses, related offenses, and why you need seasoned legal counsel to protect your rights. At Virginia Criminal Attorney, we represent clients in Fairfax and across Northern Virginia, guiding you through each step of the process toward the best possible outcome.

What “Obtain Money by False Pretenses” Means in Virginia

Virginia Code § 18.2-178 makes it a felony to acquire money or other property belonging to someone else through deliberate misrepresentation or deception. Unlike simple theft, where someone quietly takes another’s property, false-pretenses offenses involve some form of agreed transaction—a sale, a loan, a promise—built on lies.

Virginia law describes false pretenses as any “willful and intentional false statement or pretense” made by the defendant with the intent to defraud, causing the victim to transfer money or property. These lies need not be elaborate: they can involve misrepresenting one’s identity, credentials, intent to pay, ownership status, or the nature and value of goods or services.

Because the deception induces a voluntary transfer, prosecutors must show the victim parted with something of value believing the false statements were true. As a result, false-pretenses cases often hinge on questions of intent—did the defendant truly plan to pay or deliver, or was the promise always a ruse?

Key Elements Prosecutors Must Prove

To secure a conviction under § 18.2-178, the Commonwealth must prove each of these elements beyond a reasonable doubt:

• Deliberate Misrepresentation: The defendant made a false statement or representation. This can be oral, written, or implied by conduct, and must relate to a material fact—one that would influence the victim’s decision.
• Knowledge of Falsity: The defendant knew the statement was untrue or recklessly disregarded its truth.
• Intent to Defraud: The defendant intended to deceive the victim and to obtain money or property as a result of that deception.
• Victim’s Reliance: The victim relied on the false statement when deciding to transfer money or property.
• Actual Loss or Risk of Loss: The victim suffered a loss of money or property, or was placed at risk of loss, due to relying on the false pretenses.
• Value Threshold: The property or money obtained must be of a value that elevates the crime to a felony (over $200).

If any element is missing—if the statement was merely mistaken rather than knowing, or if the victim did not actually rely on it—the charge cannot stand. That’s why skilled cross-examination and meticulous review of evidence are critical in false-pretenses defenses.

Examples of False-Pretenses Schemes

Because false-pretenses covers so many types of fraud, it’s helpful to see a few common scenarios:

• Bad Check Scams: Writing a check for goods knowing there are insufficient funds in your account, but promising to cover it later.
• Contractor Fraud: Quoting a homeowner a low price, taking a deposit, and then disappearing without performing any work.
• Investment Scams: Luring investors with a promise of guaranteed high returns, diverting their money to personal use instead.
• Identity Fraud: Impersonating a government official or bank representative to convince a victim to hand over cash or disclose sensitive financial information.
• Charity Rip-Offs: Soliciting donations for a bogus charity, pocketing the proceeds instead of delivering aid.

Penalties for a False-Pretenses Conviction

Because obtaining money by false pretenses is a felony, a conviction brings severe consequences under Virginia law:

• Class 6 Felony: When the value obtained is at least $200 but less than $1,000, the offense is a Class 6 felony. Penalties include up to five years in prison and/or a fine up to $2,500.
• Class 5 Felony: If the value is $1,000 or more, the offense becomes a Class 5 felony, punishable by one to ten years in prison and/or a fine up to $2,500.
• Aggravated Penalties: Enhancements can apply if the defendant has prior fraud-related convictions, if the victim was particularly vulnerable (such as an elderly person), or if the scheme targeted multiple victims.

Beyond incarceration and fines, a felony conviction under § 18.2-178 can derail your career and personal life. You may lose professional licenses, face immigration consequences, and struggle to secure housing. In many cases, restitution to victims is also mandatory, adding another financial burden.

Intersection with Other Fraud Offenses

False pretenses often overlaps with other Virginia crimes:

• Credit Card Fraud (§ 18.2-192): Using someone else’s credit card or account information without authorization.
• Uttering Forged Instruments (§ 18.2-171): Passing counterfeit or altered checks, bonds, or other documents.
• Embezzlement (§ 18.2-111): Misappropriating funds entrusted to you, such as an employee diverting company money.
• Obtaining Money by Bad Check (§ 18.2-181.1): Specifically criminalizes writing checks without sufficient funds and with intent to defraud.
• Larceny (§ 18.2-96, § 18.2-95): Taking property without permission, distinguished from false pretenses by the absence of deceit.

Understanding these related statutes is crucial because prosecutors may charge multiple fraud counts under different theories to maximize pressure on defendants.

Crafting a Defense: Challenging the Commonwealth’s Case

Defending against a false-pretenses charge requires dismantling at least one of the essential elements. Common defense strategies include:

• Lack of Intent to Defraud: Demonstrating that the defendant genuinely intended to fulfill promises—for example, evidence of attempts to repay a bad check.
• Mistaken Belief or Miscommunication: Showing that both parties were mistaken about a material fact, turning the dispute into a civil matter rather than a crime.
• Withdrawal from the Scheme: Proving that the defendant changed course, notified the victim of the error, and returned funds before prosecution began.
• Entrapment: In rare cases, arguing that law-enforcement agents induced the defendant to commit a crime they otherwise would not have committed.
• Insufficient Reliance: Establishing that the victim did not actually rely on the misrepresentation, so no causal link exists between the false statement and the loss.
• Value Dispute: Arguing that the money or property at issue falls below the statutory threshold for felony prosecution, potentially reducing the charge to a misdemeanor.

Because these defenses involve nuanced questions of state of mind, documentation, and timeline, prompt engagement of a criminal defense attorney is vital. Early investigation can secure critical emails, bank records, and witness statements to support your case.

The Investigation Process: From Arrest to Trial

Once an allegation surfaces—perhaps a victim files a police report or a bank flags a bad check—law enforcement will interview witnesses, collect documentary evidence, and often execute search warrants for computers or mobile devices. If there is probable cause, prosecutors will obtain an indictment or information charging false pretenses.

After arrest, you face initial bail hearings, discovery where the Commonwealth must share its evidence, and pretrial motions that can challenge illegally obtained evidence or dismiss charges. Your attorney may file motions to suppress statements taken without Miranda warnings or to exclude improperly seized documents.

As the case approaches trial, plea negotiations often take place. Prosecutors may offer reduced charges in exchange for a guilty plea, but accepting such deals can have long-term consequences. A fully informed decision requires careful evaluation of the strength of the Commonwealth’s evidence and the potential penalties at trial.

Restitution and Collateral Consequences

Beyond prison and fines, Virginia courts routinely order defendants to repay victims the full amount lost. Restitution is typically calculated from documented losses—damaged credit, bounced-check fees, or out-of-pocket damages. Failure to pay restitution can result in further legal action.

A felony conviction also triggers collateral consequences:

• Loss of Firearm Rights: Under state and federal law, a felony conviction results in permanent disqualification from firearm possession.
• Professional Licensing Impact: Many careers—real estate, finance, healthcare—require clean criminal records. A false-pretenses conviction can strip professional licenses.
• Immigration Ramifications: Noncitizens convicted of fraud offenses face deportation or inadmissibility.
• Voting and Jury Service: Felony convictions can suspend voting rights and jury eligibility, depending on pardon or restoration of rights.

Understanding and mitigating these ripple effects is part of a comprehensive defense strategy.

Prevention and Compliance for Businesses

For businesses and individuals alike, preventing false-pretenses liability requires robust internal controls and transparent practices:

• Clear Contracts and Disclosures: Ensure all promises, deadlines, and payment terms are spelled out in writing to avoid inadvertent misrepresentation.
• Employee Training: Educate staff on red flags for check fraud, phishing attempts, and other deceptive schemes.
• Prompt Correction of Errors: If a mistake occurs—such as an overpayment or miscalculation—notify clients immediately and return funds to avoid allegations of deceit.
• Document Retention: Keep thorough records of estimates, invoices, communications, and receipts to demonstrate good-faith efforts to fulfill commitments.

By fostering a culture of honesty and accountability, businesses significantly reduce the risk of false-pretenses claims and strengthen their defense if allegations arise.

Why You Need an Experienced Virginia Criminal Defense Attorney

False-pretenses prosecutions are complex. Prosecutors assemble a web of communications, financial records, and victim testimony to prove intent and reliance. Without specialized knowledge of evidentiary rules, sentencing guidelines, and diversion programs, defendants risk harsh outcomes.

At Virginia Criminal Attorney, our Fairfax-based team has extensive experience in fraud litigation, jury selection, and plea negotiations. We tailor defenses to your unique circumstances, pursuing:

• Case Dismissal or Reduction: Challenging each element of the Commonwealth’s case to seek dismissal or downgrade to a lesser misdemeanor.
• Alternative Resolutions: Exploring pretrial diversion, deferred adjudication, or rehabilitation programs when appropriate.
• Sentencing Advocacy: Arguing for probation, home confinement, or community service in lieu of prison when we cannot avoid conviction.
• Post-Conviction Remedies: Navigating appeals, expungements, and restoration of rights to clear your record and restore your future.

Taking the First Step: What to Do If You’re Under Investigation

If you suspect an inquiry is underway—perhaps your bank contacted you about a returned check, or law enforcement seeks to question you—act immediately:

• Exercise Your Right to Counsel: Politely decline to answer questions until your attorney is present.
• Preserve Evidence: Secure emails, contracts, and financial records. Do not delete or alter any documents.
• Avoid Contact with Alleged Victims: Communication can be misconstrued; let your attorney handle outreach.
• Document Your Side of the Story: Provide your lawyer with all relevant facts, timelines, and witness names while memories are fresh.

Early action can dramatically improve your odds of a favorable resolution.

Obtaining money by false pretenses carries not only the weight of felony exposure under Virginia Code § 18.2-178 but also the lasting stain of a criminal conviction on your personal and professional life. Whether you face charges for a bad check, a contractor fraud claim, or a more elaborate scheme, an aggressive, knowledgeable defense is your best protection.

At Virginia Criminal Attorney, we stand ready to analyze every angle of your case, challenge the Commonwealth’s proof, and fight tirelessly for your rights. If you or a loved one finds yourselves under suspicion, don’t navigate this journey alone—contact our Fairfax office today for a confidential consultation. Your future may depend on it.