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Obtaining property by deception is the act of obtaining the property of somebody using deceptive words or actions. This offence is covered by the Theft Act 1978.

An example of obtaining property by deception is when a person orders a meal in a restaurant. The person eats the meal and then discovers that they cannot pay for the meal as they do not have the funds in their bank account. They stay silent. When the dining room is quiet, they run out. This is an authentic case, and the person was convicted of the crime.

Just as soon as you discover that you may be investigated by the police, you need to seek guidance from a legal professional.

Have you been Charged or arrested for obtaining property by deception?   

If you or somebody you know well have discovered that there is going to be a charge or an arrest for obtaining property by deception, you are no doubt feeling under pressure.

In some situations, people are accused, despite there having been no involvement. Getting your name cleared is vital at this point. Without taking action to clear your name, this could progress to interfere with your future. It is vital to your future happiness and opportunities that you get your name cleared as soon as possible. If you don’t clear your name, you could be impacted by this event for the rest of your life.

To provide you with a greater understanding of what might happen in an obtaining property by deception legal situation, we have put together some questions and answers to provide you with guidance and support as you pass through this very challenging situation.

If you cannot see what you are looking for here in terms of answers, then contact us through our contact form or by calling us on 0203 888 5225. In the case of an emergency, we can be reached on any day or night at any hour on 07980 000 076.

What are examples of offences under obtaining property by deception?

Here are some examples of obtaining property by deception that may have led to the situation that you or somebody close to you is in now:

Eating in a restaurant and leaving without paying – for instance, you may order a sit-down meal in a restaurant. Upon finishing your meal, you realise that you don’t have the money to pay for the meal. You stay in your seat and wait in silence until you can run out of the restaurant without anybody noticing.

Identity fraud – for example, receiving money or goods by pretending to be another person and using their credit card or identity papers. This may also involve collecting funds from a money transfer service.

In addition to what we have listed above, there are many other ways of committing the obtaining property by deception offence. To find out more about what these are and whether you’ve committed the offence, contact us by calling 0208 888 5225 for further information.

What occurs during an obtaining property by deception investigation?

If a report is made to the police, either from a business or an individual, there will be an investigation into what has happened. As part of the investigation, many questions will be asked and there is likely to be a search of your property, vehicle and possibly workplace.

Anybody who is involved in a criminal investigation will feel very concerned about what the outcome might be. If there is a court case, and you are found to be guilty and convicted, it could impact your ability to provide for your family and any other dependents.

It’s no secret that every criminal case is unique with unique circumstances, and this is also true of every obtaining property by deception fraud case. Using an experienced fraud solicitor who has defended on a wide range of cases is what will make the difference to whether the outcome of your case is likely to be favourable.

Our lawyers may even be able to get your case closed down before it reaches the stage where you are expected to attend court for a trial.

Have you been falsely accused of obtaining property by deception?

Some of the clients we take on come to us with complaints that they have been accused of being involved in a case of obtaining property by deception.  In certain situations, they have had every intention of paying for the goods or property that they have received, and they have evidence to prove it.

During a time like this, it is crucial that anybody who finds themselves in this situation takes the legal counsel of a fraud solicitor. An experienced and capable fraud solicitor may even be able to get the wrongful case dismissed. The outcome will be the chance to return to life and enjoying it in the same way as they did before being falsely accused of a crime.

On some occasions, a wrongful case is devised purposefully by the police as part of a mud throwing exercise from the prosecution.  The objective is to discover if the mud sticks. An experienced lawyer can identify this and protect against it.

Find out more with a lawyer

If there is one piece of advice that is critical to the outcome of your case, it’s to not attend an interview with the police without being accompanied by a fraud solicitor. What happens at the police interview is often a huge influence on what the outcome of the case is.

The police often hold back pieces of evidence. The purpose of doing so is so that they can see if they can trip you up by asking certain questions. If you take a fraud lawyer with you to the court case, they will demand to see or know about all evidence. Once they know what the police have on you, they will be able to examine it and understand how they can make it weaker for your trial.

A search warrant is likely to be requested from a magistrate or judge. The police will want to look at all areas of your life, including your communication channels such as social media, WhatsApp, email and telephone calls.

Instruct a legal professional as soon as possible

You are going to put yourself at risk if you attend any police interview without a proficient fraud officer at your side.

Police offers get a lot of training in interviewing suspects. They will go all out to try to trip them up and can be very probing, intrusive and downright nosey with their questioning. You have the option to answer or not, and your lawyer will help you with deciding what would be most beneficial to you to answer.

In summary, by hiring a fraud solicitor who not only is highly capable and proficient but who has extensive experience, you are putting yourself into the best position for the more favourable outcome.

What should you do if you are arrested or charged with obtaining property by deception?

The most important initial step you should take is to seek the help of a fraud solicitor who is experienced and competent. You can expect to receive the legal advice and support that will help you to get through the investigation and any potential court case.

Obtaining property by deception is an area of fraud with which the majority of people are unfamiliar. As with any case, we believe that you should not represent yourself. By doing so, you are likely not to get a favourable result. Despite this, you’re not obligated to engage a lawyer, but with the speed with which UK laws change, being successful in your case will depend on staying current and fully comprehending.

The most powerful way to defend in any fraud case is to check all evidence, including visual proof, witness statements, audio proof and more.

Can the police search my home?

Once the police request and are issued with a search warrant, they have the permission to search your property for further evidence. They are likely to search your vehicle, your home and possibly your workplace.  They will look for phone numbers, images and relevant financial information in a bid to collect material that they can use against you in a court case.

Could you go to prison for obtaining property by deception?

Whether you go to prison or not will depend on your unique case. The role you played, what happened, the value of the goods or property and what damage the owner of the property suffered will all be considered.

If you are found guilty at court and convicted for the crime of obtaining property by deception, you may be given a prison sentence, given community service or given a suspended sentence. The penalty you are given will depend on what happened and what the outcome was.

What type of punishment could you get for obtaining property by deception?

If you go to court, you’re found guilty and are given a conviction, you may go to prison for your obtaining property by deception offence. This could also turn out that you’re asked to pay a fine, do some community service or even spend as much as 10 years inside. It really depends on what you did, what happened, who suffered for it and by how much.

Read more about sentencing for Obtaining property by Deception offences

Does a conviction for obtaining property by deception become a criminal record?

If your obtaining property by deception case progresses to court, and you are convicted, you will be given a permanent criminal record.

How can Stuart Miller Solicitors help?

Using their in-depth knowledge and experience of defending a broad range of fraud cases, Stuart Miller Solicitors are well versed on how to provide protection against being convicted for obtaining property by deception. Our legal team is recognised for their skills in defending. You can find out more about successful cases on our website in the cases section.

Our legal minds are some of the best in the industry and can work together to devise the best possible defence for your case.

Our team of solicitors have outstanding legal prowess in addition to a supportive manner which will help you to get through this traumatic time. Every member of the team understands how difficult this can be and provides the assistance and support required to get through the experience in the best possible way. This is the type of situation that takes a toll on the accused and their family. Our team will help you through the storm and guide you every step of the way.

Recognised for their expertise, our network of expert witnesses and forensic analysts can examine all the evidence that the prosecution has and can pull it to pieces to develop a defence strategy that supports your innocence.

You can book a free consultation with an obtaining property by deception fraud Solicitor by calling 0208 888 5225.

Would you like to discuss your case before instructing us?

As experienced lawyers, we enjoy helping people to improve their lives, no matter what the situation is. If you’d like a chat with one of our legal team, you can call us for a free consultation today on 0208 888 5225.

We are happy to meet you face to face, by phone or even on an online video call. Whatever your communication preference is, we are here for you. You just need to make contact with us, and we will arrange a meeting with you.


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