Defending Against Identity Theft and False Pretense Charges
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 28, 2026
Legal Inquiry
Consumer Legal Issue
It’s a identity theft charge and a obtain false pretense and I don’t know what to do because they re false charges.
Attorney Answer
With no case facts on record beyond your reply of "Hello," no one can honestly assess how strong a "false charges" defense is here — that requires reviewing the actual police reports, charging documents, and evidence, which only an attorney with access to discovery can do.
You're facing two distinct North Carolina offenses. Identity theft is defined under North Carolina law as a felony (Class G, or Class F in aggravated cases). Obtaining property by false pretenses is a separate offense under North Carolina law. What raises the identity-theft charge is not the dollar value involved. Under N.C. Gen. Stat. § 14-113.22(a), identity theft is a Class G felony, and it becomes a Class F felony only if the victim suffers arrest, detention, or conviction as a proximate result of the offense, or if you are in possession of identifying information belonging to three or more separate people. So the number of alleged victims, not the amount of money at issue, is the fact that drives your exposure on that count.
What you can do:
1. Retain a local criminal defense attorney immediately. If you cannot afford one, you can request court-appointed counsel, and getting a lawyer involved early can affect your bond conditions and what discovery your attorney is able to obtain.
2. Gather any documentation that supports your position that the charges are false, such as messages, receipts, bank records, or witness statements.
3. Avoid discussing the specifics of the case with anyone besides your attorney until you've reviewed the charging documents together.
4. Ask your attorney to obtain and review the full police reports and discovery file before you settle on a defense strategy.
Relevant Case Law
State v. Jones, 367 N.C. 299 (2014) — Supreme Court of North Carolina
We conclude that the State presented sufficient evidence to support the jury’s determination that Jones possessed the specific intent to commit identity theft.
Shows an identity-theft conviction can stand once a jury finds specific intent, so fighting false charges usually means challenging the state's evidence, not just denying it.
Read the full opinion (CourtListener)
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Courts & Legal Aid in North Carolina
- File or look up a case through the North Carolina Judicial Branch, which serves the state.
- Get free civil legal help from Legal Aid of North Carolina.
- Use the LSC — Find Legal Aid to find a local legal-aid office by ZIP code.
- Use the LawHelp.org to browse free legal information and self-help resources.
- Use the ABA Lawyer Referral Directory to get matched with a local attorney through your state bar.
Frequently Asked Questions
What should someone do first when facing charges they believe are false?
Retaining a criminal defense attorney as soon as possible is generally recommended, since an attorney can review the police reports, charging documents, and evidence needed to assess a defense.
Can a person get a court-appointed attorney if they can't afford one?
Yes, in many states a defendant who cannot afford private counsel may request court-appointed representation, and doing so promptly can also affect bond conditions and access to discovery.
What kind of evidence can help disprove identity theft or false pretense charges?
Documentation such as messages, receipts, bank records, or witness statements that establish a person's actual conduct or whereabouts can support a defense, and an attorney can help identify what is most relevant.
