Yes, false pretense can be a felony in Mississippi, but its classification depends on the value of the money, property, or valuable thing obtained through the fraudulent act. If the value is significant, it is considered a felony; otherwise, it may be a misdemeanor.
Understanding False Pretense in Mississippi
False pretense is a specific type of property crime involving deceit. In Mississippi, the essential element of false pretense is using a document or other tangible writing to commit the fraud, with the intent to cheat or defraud another person. This offense occurs when an individual intentionally obtains money, personal property, or other valuable things from someone else by presenting a false representation of a fact.
Felony vs. Misdemeanor: The Value Threshold
The distinction between a felony and a misdemeanor charge for false pretense in Mississippi hinges on the financial value of what was unlawfully obtained.
- Felony False Pretense: If the value of the money, personal property, or valuable thing obtained by false pretense is One Thousand Dollars ($1,000.00) or more, the offense is classified as a felony.
- Misdemeanor False Pretense: If the value of the money, personal property, or valuable thing obtained by false pretense is less than One Thousand Dollars ($1,000.00), the offense is classified as a misdemeanor.
The table below illustrates this key distinction:
| Classification | Value of Property Obtained | Potential Penalties (General) |
|---|---|---|
| Felony | $1,000.00 or more | More severe, including state prison time, substantial fines, and a criminal record with long-term implications. |
| Misdemeanor | Less than $1,000.00 | Less severe, typically county jail time (up to 6 months), smaller fines, and a criminal record that, while impactful, carries fewer long-term consequences than a felony. |
Legal Implications of a False Pretense Charge
Being charged with false pretense, whether a felony or a misdemeanor, carries serious legal consequences.
- Felony Conviction: A felony conviction for false pretense in Mississippi can lead to imprisonment in the state penitentiary for up to ten (10) years, a fine of up to Ten Thousand Dollars ($10,000.00), or both. A felony record can severely impact future employment, housing, and civil rights.
- Misdemeanor Conviction: A misdemeanor conviction for false pretense can result in imprisonment in the county jail for up to six (6) months, a fine of up to One Thousand Dollars ($1,000.00), or both. While less severe than a felony, a misdemeanor conviction still carries a criminal record.
Understanding these distinctions is crucial for anyone facing such charges in Mississippi. For more detailed information on specific statutes, refer to the official Mississippi Code, such as Mississippi Code Ann. 97-19-39, which addresses false pretense.
