Section 415 of the Penal Law provides: "A person who obtains something by deceit is liable to three years' imprisonment, and if the offense was committed under aggravating circumstances, is liable to five years' imprisonment."
What is the offense?
Section 415 of the Penal Law provides: "A person who obtains something by deceit is liable to three years' imprisonment, and if the offense was committed under aggravating circumstances, is liable to five years' imprisonment."
The offense of obtaining something by deceit is one of the most common in the field of white-collar offenses, and is sometimes accompanied by additional offenses such as credit card fraud, forgery, and computer offenses.
Elements of the offense
"Something" is defined in Section 414 of the law as "immovable property, movable property, a right, and a benefit." The interpretation is broad: in Criminal Appeal 817/76 Danino v. State of Israel, it was held that causing a woman to submit sexually by means of false representation constitutes obtaining a "benefit" by deceit. Even intangible values fall within the scope of the definition.
"Deceit" means an assertion of fact regarding the past, present, or future, in writing, orally, or by conduct, when the person making the assertion knows it is untrue or does not believe it is true.
Causal link, the prosecution must prove a direct connection between the act of deceit and the obtaining of the thing.
Mental element, the defendant's awareness of his conduct, the circumstances, and the possibility of causing the result.
The penalty
Ordinary offense, up to 3 years' imprisonment. Under aggravating circumstances, up to 5 years' imprisonment (a felony offense). The courts treat these offenses seriously, and in many cases impose actual imprisonment.
Aggravating circumstances
The prosecution will examine whether one of the following exists: large-scale deceit; a combination of several offenses as part of a broad criminal scheme; involvement of minors; serious harm, economic, emotional, or otherwise; exploitation of status or profession for the purpose of the deceit.
Conditional arrangement, when is it possible?
In an offense that is not under aggravating circumstances, it is possible to seek a conditional arrangement, an alternative procedure that allows the suspect to avoid a criminal conviction in exchange for fulfilling conditions: compensation to the victim, community service hours, participation in a rehabilitation program. This depends on the circumstances of the case, the severity of the offense, and criminal record.
Hearing before filing an indictment
Under aggravating circumstances, the defendant is entitled to a hearing. This is a significant opportunity: presenting a version of events, mitigating circumstances, and weaknesses in the evidence. A successful hearing may lead to closing the case, reducing the charges, or a plea arrangement. Do not appear for a hearing without a lawyer.
What happens after an indictment is filed?
Once an indictment is filed, there is a real possibility that the prosecution will seek actual imprisonment. However, action can still be taken at this stage: identify flaws in the indictment, conduct negotiations to reduce the charges, reach a favorable plea arrangement, and in cases of material defects in the investigation, even request dismissal of the indictment.
What should you do if you were questioned?
Do not provide a version of events before consulting a lawyer. Preserve the right to remain silent. Do not cooperate with investigators without advice. Every word in an interrogation is documented and may be used as evidence.
Legal representation in cases of obtaining something by deceit
Israel Arama, former member of the Tel Aviv District Attorney's Office, represents suspects and defendants in fraud offenses at all stages of the process, from pre-investigation advice, through the hearing, to conducting the trial. Familiarity with the way fraud cases are built by the prosecution allows for early identification of weak points and effective action. Contact us for an initial consultation without obligation.
What is the offense?
Section 415 of the Penal Law provides: "A person who obtains something by deceit is liable to three years' imprisonment, and if the offense was committed under aggravating circumstances, is liable to five years' imprisonment. " The offense of obtaining something by deceit is one of the most common in the field of white-collar offenses, and is sometimes accompanied by additional offenses such as credit card fraud, forgery, and computer offenses.
The penalty — what is important to know?
Ordinary offense, up to 3 years' imprisonment. Under aggravating circumstances, up to 5 years' imprisonment (a felony offense). The courts treat these offenses seriously, and in many cases impose actual imprisonment.
Hearing before filing an indictment — what is important to know?
Under aggravating circumstances, the defendant is entitled to a hearing. This is a significant opportunity: presenting a version of events, mitigating circumstances, and weaknesses in the evidence. A successful hearing may lead to closing the case, reducing the charges, or a plea arrangement. Do not appear for a hearing without a lawyer.
What should you do if you were questioned?
Do not provide a version of events before consulting a lawyer. Preserve the right to remain silent. Do not cooperate with investigators without advice. Every word in an interrogation is documented and may be used as evidence.
This information is for initial orientation about the service and contact process. It is not individual legal advice.
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