what is required for a prosecutor to prove false pretense charges beyond a reasonable doubt?
To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:
(2) First, that the defendant used a pretense.
(3) Second, that the defendant knew that the pretense was false at the time [he / she] used it.
(4) Third, that at the time [he / she] used the pretense, the defendant intended to defraud or cheat someone.
(5) Fourth, that another person relied on the defendant’s pretense.
(6) Fifth, that by relying on this pretense, this person suffered the loss of something of value.
(7) Sixth, that the amount lost had a fair market value at the time it was taken of:
[Choose only one of the following unless instructing on lesser offenses:]
(a) $20,000 or more.
(b) $1,000 or more, but less than $20,000.
(c) $200 or more, but less than $1,000.
(d) some amount less than $200.
[Use the following paragraph if applicable, MCL 750.218(6):]
[(8) You may add together the values of the property taken in separate incidents if part of a scheme or course of conduct within a 12-month period when deciding whether the prosecutor has proved the amount required beyond a reasonable doubt.]
If you or someone you care about is charged with a felony or misdemeanor offense, it is in that person's best interest to work with the best criminal defense lawyer available. Avvo is an excellent place to find a 10.0 rated criminal defense attorney and many of us offer a free consultation.See question
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