Obtaining Money by False Pretenses Lawyer in Essex County, NY — What Are Your Defense Options?
Obtaining money by false pretenses is a serious larceny offense under New York Penal Law § 155.05, potentially a felony in Essex County. A conviction can mean prison, fines, and a permanent criminal record. Law Offices Of SRIS, P.C. provides focused defense for these charges.
Understanding the Statute for Obtaining Money by False Pretenses in New York
In New York, the crime of obtaining money by false pretenses is prosecuted as a form of larceny. The statute, New York Penal Law § 155.05, defines larceny as wrongfully taking, obtaining, or withholding property from its owner. A key element for this specific charge is that the property was acquired through a false representation of a past or present fact, which the defendant knew to be false, and which was intended to deceive the victim into parting with their money.
Last verified: March 2026 | Essex County Supreme Court | New York State Legislature
Official Legal Resources and Court Information
For the official text of the larceny statutes, refer to the New York State Senate website. For Essex County court procedures and information, visit the Essex County Supreme Court official site.
Local Court Process and Defense Strategy in Essex County
Charges for obtaining money by false pretenses in Essex County typically begin in local town or village courts before potentially moving to the Essex County Supreme Court for felony-level charges. Prosecutors must prove you knowingly made a false statement to get money. An affordable obtaining money by false pretenses lawyer Essex County can challenge the intent, the falsity of the statement, or the causal link between the statement and the transfer of funds.
- Arraignment: You will be formally charged and enter a plea in the appropriate local court.
- Discovery & Investigation: Your attorney obtains all evidence, including witness statements and financial records, to assess the prosecution’s case.
- Pre-Trial Motions: Your lawyer may file motions to suppress evidence or dismiss charges if legal deficiencies are found.
- Plea Negotiations: Your attorney negotiates with the District Attorney’s office for a potential reduction or favorable plea agreement.
- Trial: If no agreement is reached, your case proceeds to trial where the prosecution must prove every element beyond a reasonable doubt.
- Sentencing: If convicted, your lawyer advocates for the most lenient sentence possible based on the circumstances.
Potential Penalties for Obtaining Money by False Pretenses
In Essex County, the penalties for obtaining money by false pretenses depend on the value of the property taken, ranging from a misdemeanor to a class B felony.
| Offense Level (by value) | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Over $1,000,000 | Class B Felony | Up to 25 years | Up to $30,000 or double the gain | Felony record, restitution |
| $50,000 – $1,000,000 | Class C Felony | Up to 15 years | Up to $15,000 or double the gain | Felony record, restitution |
| $3,000 – $50,000 | Class D Felony | Up to 7 years | Up to $5,000 or double the gain | Felony record, restitution |
| $1,000 – $3,000 | Class E Felony | Up to 4 years | Up to $5,000 or double the gain | Felony record, restitution |
| Up to $1,000 | Class A Misdemeanor | Up to 1 year | Up to $1,000 | Misdemeanor record, restitution |
Results may vary. Prior results do not guarantee a similar outcome.
Our Firm’s Experience in Criminal Defense
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our firm-wide record includes over 4,739 case results with a favorable outcome rate exceeding 93%. Our approach is built on thorough case investigation and strategic advocacy.
Case Results and Client Advocacy
While specific results for obtaining money by false pretenses in Essex County are not listed, our firm’s extensive criminal defense experience demonstrates our commitment to vigorous representation. We have secured dismissals, not guilty verdicts, and charge reductions in fraud and larceny cases. Results may vary. Prior results do not guarantee a similar outcome.
Local Service for Essex County Residents
Law Offices Of SRIS, P.C.
New York Location — Buffalo/NY area
By appointment only.
Toll-Free: (888) 437-7747 | Local: (838) 292-0003
24/7 phone consultations — meetings by appointment only.
Our New York location serves clients throughout Essex County, including Elizabethtown, Lake Placid, Ticonderoga, Keene, Wilmington, Schroon Lake, Westport, Crown Point, and Moriah. If you are searching for an obtaining money by false pretenses lawyer near me Essex County, we are accessible for consultations.
Frequently Asked Questions
Is obtaining money by false pretenses a felony in New York?
Yes, it can be. The charge is a felony if the value of the money obtained exceeds $1,000. The felony degree increases with the amount, up to a Class B felony for over $1 million.
What is the difference between false pretenses and larceny by trick?
It depends on the nature of the false statement. False pretenses typically involve a false representation of a past or present fact that causes the owner to pass title to the property. Larceny by trick involves fraud that causes the owner to give up possession, but not title, of the property. The distinctions are nuanced and fact-specific.
Can I go to jail for a first-time offense?
Yes. New York law does not prohibit jail time for first-time offenders convicted of obtaining money by false pretenses. The potential sentence depends on the charge level. An experienced lawyer can work to mitigate the risk of incarceration.
What are common defenses to this charge?
Common defenses include lack of intent to defraud, that the statement was an opinion or future promise, that the alleged statement was not false, or that the victim did not rely on the statement in giving up the money. Each defense requires careful evidence analysis.
Will I have to pay restitution?
Yes, if you are convicted. Restitution—repaying the victim the amount taken—is a mandatory part of sentencing for obtaining money by false pretenses in New York, also to any fines or jail time imposed by the court.
Related Legal Resources
If you are facing charges in Essex County, it is important to understand your options. For broader state-level information, see our New York Criminal Defense Lawyer page. Those in nearby areas may also review information for Albany County Criminal Defense. For other legal needs in Essex County, consider Fraud Defense or Federal Criminal Defense.
Page last verified: 2026-04. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance.
Your case in Essex County, New Jersey
Sexual-offense charges are heard in the Criminal Part of the Law Division. In Essex County that is the Superior Court of NJ, Essex Vicinage (5th Vicinage), 50 West Market Street, Newark, NJ 07102, telephone (973) 776-9300, open Mon-Fri 8:30AM-4:30PM. Court procedures change; confirm the current schedule on the official vicinage website or with the clerk before you file or appear.
The governing law for this topic is N.J.S.A. 2C:14-2 (aggravated sexual assault) within the New Jersey Code of Criminal Justice, N.J.S.A. Title 2C. Law Offices Of SRIS, P.C. handles Essex County matters from its New Jersey location at 44 Apple St 1st Floor, Tinton Falls, NJ 07724; meetings are by appointment. Request a New Jersey consultation at (888) 437-7747 or (609) 983-0003.
Related New Jersey pages: Essex County NJ lawyers directory · Obtaining Money by False Pretenses Lawyer Middlesex County.