Accused of Obtaining a Signature by False Pretense? A Minnesota Lawyer Explains the Felony Charges You Face Under § 609.635
The charge against you sounds confusing and abstract: “Obtaining Signature by False Pretense.” You may not even understand what it means, but you understand the fear that comes with being charged with a serious crime. One moment, you were involved in what you thought was a business deal, a family matter, or a simple transaction. Now, you’re reading a criminal complaint that accuses you of fraud and deception, threatening your freedom, your reputation, and your entire future. You didn’t set out to be in this position. Perhaps there was a profound misunderstanding, a dispute that spiraled out of control, or you were given bad advice. Now you feel isolated and overwhelmed by a legal system that seems designed to crush you before you’ve even had a chance to tell your side of the story.
You do not have to endure this alone. I am a Minnesota criminal defense attorney who stands up for people just like you. I have defended clients against complex fraud and theft allegations in courtrooms across the entire state, from the urban centers of Minneapolis and St. Paul to the county seats of Rochester, Duluth, St. Cloud, and every community in between. I know the prosecutors in Hennepin County, Ramsey County, Dakota County, and elsewhere. I understand their tactics and, more importantly, I know how to fight back. The state has built a case against you based on their interpretation of events. My job is to dismantle that case, expose the truth, and protect you from the devastating consequences of a felony conviction. Your story matters, and I am here to make sure it is heard.
The Core Accusation: What Does “False Pretense” Actually Mean in Minnesota?
When the state charges you with Obtaining a Signature by False Pretense, they are accusing you of being a liar and a cheat. The heart of this crime is deception. The prosecution’s entire case is built on the idea that you intentionally made a false claim—told a significant lie—to trick someone into signing a legally important document that they would not have otherwise signed. This isn’t about a simple misunderstanding or a broken promise about something in the future. A “false pretense” is a lie about a past or present fact, made with the specific goal of causing someone to act against their own interests.
A Minnesota charge for Obtaining Signature by False Pretense is serious because it strikes at the trust required for business and legal affairs to function. Facing this accusation means the state believes you did something like misrepresenting your identity to get someone to sign a contract, lying about the contents of a document to secure a signature on a property deed, or deceiving a business partner into signing an agreement that strips them of their rights. The central issue is your intent. The prosecutor must prove you knowingly used deception to gain an advantage, and that is precisely where a powerful defense begins.
The Law You’re Facing: Minnesota Statute § 609.635
The legal basis for the charge against you is found in a short but potent section of Minnesota law: Statute § 609.635. While the statute itself is brief, its power comes from the fact that it directly links to another, more severe statute. It’s crucial that you understand this connection, as it defines the seriousness of your situation and the potential penalties you face. It is the roadmap the prosecutor will use to try and convict you.
Here is the exact language of the law:
609.635 OBTAINING SIGNATURE BY FALSE PRETENSE.
Whoever, by false pretense, obtains the signature of another to a writing which is a subject of forgery under section 609.625, subdivision 1, may be punished as therein provided.
As you can see, the statute explicitly states that the punishment for this crime is the same as for Aggravated Forgery under § 609.625, making this a serious felony charge.
Unpacking the State’s Case: The Legal Elements of Obtaining a Signature by False Pretense
To convict you, the state can’t just tell a compelling story. They have a strict, multi-part test they must pass, and they have to prove every single part beyond a reasonable doubt. If they fail to prove even one of these legal elements, their case against you must fail. This is where your defense takes root—by challenging the evidence for each element and showing a jury or judge where the state’s case falls short of its heavy burden of proof. Your entire defense strategy will be built around attacking these elements.
- A False PretenseThis is the act of deception itself. The prosecutor must prove that you made a false representation of a past or existing material fact. This can’t be a simple opinion (“this is a great investment”) or a promise about the future (“I’ll pay you back next week”). It has to be a concrete lie about a present reality. For example, stating “this document is just a standard release form” when you know it’s actually a contract that signs away significant rights would be a false pretense. The lie must be a key reason the person signed.
- Intent to DefraudThis element goes to your state of mind. It’s not enough to show that you said something untrue. The state must prove that you knew it was untrue and that you made the false statement with the specific purpose of tricking the other person into signing the document. If you genuinely believed your statement was true, or if you had no intention of deceiving anyone for personal gain, you lack the criminal intent required for a conviction. This is often the most difficult element for a prosecutor to prove.
- Obtaining a SignatureThe prosecutor must show that your false pretense was successful. That is, your lie must be the direct cause of the other person providing their signature. If the person signed for other reasons, or if they would have signed anyway regardless of what you said, then your false statement did not “obtain” the signature. There must be a clear link of reliance between your lie and their action of signing the document.
- On a Legally Significant WritingThis crime does not apply to just any piece of paper. The statute specifically limits it to writings that are subjects of Aggravated Forgery under § 609.625. This means the document you allegedly had signed must be one with real legal power, such as a contract, a will, a property deed, a court order, or a public record. If you tricked someone into signing a simple thank-you note, it wouldn’t qualify under this serious felony statute.
The Stakes Are High: Penalties for a Conviction Are Tied to Aggravated Forgery
You must understand the gravity of this charge. Because Minnesota Statute § 609.635 states that you can be “punished as therein provided” by the Aggravated Forgery statute, you are facing a severe felony. There are no lesser misdemeanor or gross misdemeanor versions of this offense. Any conviction under this law is a felony conviction, carrying life-altering penalties and consequences. The sentencing for this crime in Minnesota is harsh, reflecting the law’s view that this form of fraud undermines the very trust our society is built on.
Felony Conviction
Obtaining a Signature by False Pretense is a felony offense in Minnesota. If you are convicted, the judge has the authority to impose a sentence that includes:
- Up to 10 years in prison.
- A fine of up to $20,000.
- Both a prison sentence and a substantial fine.
On top of these maximums, a conviction will almost certainly result in a lengthy period of supervised probation, which comes with its own set of demanding conditions. A conviction for this offense will change the entire course of your life.
From Boardrooms to Living Rooms: How This Charge Plays Out in Minnesota
This charge can arise in a wide variety of settings, often where one person has placed a great deal of trust in another. It can happen between business partners, family members, or a professional and their client. The state will try to portray your actions as predatory and calculated, but often the reality is far more complex—a deal that went sour, a misunderstanding of one’s authority, or a desperate attempt to solve a problem that only made things worse. These scenarios unfold daily across Minnesota.
A Real Estate Deal in Plymouth
Imagine you are a real estate developer in Plymouth trying to assemble several parcels of land for a new project. You approach an elderly homeowner with a stack of documents, telling them it’s a standard agreement to survey their land. Buried in that stack, however, is a quit-claim deed. You rush them through the signing process, and they sign all the pages, including the deed, without reading them carefully. In this scenario, you used the false pretense that the documents were merely for a survey to obtain a signature on a deed—a legally significant writing.
A Business Dispute in a Minneapolis Startup
You are a co-founder of a tech startup in a Minneapolis warehouse district. You and your partner are in disagreement over the company’s direction. You present your partner with what you claim is a routine resolution to approve a new vendor. However, you have altered the document to also include a clause that significantly dilutes their ownership stake. Relying on your false description of the document, your partner signs it. This act of deception to get a signature on a corporate resolution that transfers property rights (company shares) is a classic example of this offense.
A Family Matter in Duluth
Consider a situation in Duluth where an adult child is helping their aging parent manage their finances. The parent has dementia but still has moments of clarity. The child presents a document, saying “Dad, this is just to let me talk to the bank for you.” In reality, the document is a durable power of attorney that grants the child broad powers to sell the parent’s assets, including their cherished cabin on the North Shore. The parent, trusting their child, signs it based on that false pretense.
A Contract Negotiation in St. Paul
You are an independent contractor in St. Paul negotiating a project with a larger company. The final contract is sent to you for signature. The manager you’ve been dealing with calls you and says, “Just sign it, it’s the standard agreement we talked about.” Relying on that statement, you sign. Later, you discover that a clause was added that makes you personally liable for any project losses. The manager knowingly lied about the document’s contents to induce you to sign, which could give rise to criminal charges.
Building Your Defense: Strategies to Fight a False Pretense Allegation
When you are facing a serious felony charge, it is easy to feel hopeless. But an accusation is not proof, and a charge is not a conviction. The prosecution carries the entire burden of proving their case, and a dedicated, aggressive defense attorney can expose the holes in their story. My approach is to relentlessly attack the state’s evidence, challenge their legal theories, and present the truth in a way that creates the reasonable doubt necessary to win your case. A strong defense is not about excuses; it’s about facts, law, and strategy.
There are many defenses to Obtaining a Signature by False Pretense in Minnesota. Your story, your intent, and the specific context of the situation are critically important. We will explore every angle to dismantle the prosecution’s narrative and fight for a dismissal, a reduction of the charge, or a not-guilty verdict at trial. You have rights, and you have options. It’s time to start fighting back.
The Statement Was Not False
The entire case hinges on the pretense being a lie. If the statement you made was actually true, or if you had a reasonable basis to believe it was true, the charge cannot be sustained.
- Truth as a Defense: The core of our defense may be proving that what you said was, in fact, accurate. The “victim” may have misunderstood the situation or may now be misremembering what was said or what the document contained. We will work to gather evidence that corroborates the truthfulness of your statements.
- Good Faith Belief: You may have made a statement that turned out to be inaccurate, but you genuinely believed it was true at the time. A mistake of fact is not a criminal false pretense. If you were acting in good faith based on the information you had, you lacked the criminal intent to deceive.
Lack of Intent to Defraud
This is a battle over your state of mind. The prosecutor must prove that you acted with a corrupt and fraudulent purpose. This is a high bar for them to clear.
- No Deceptive Purpose: Your goal may not have been to defraud anyone. Perhaps you were trying to simplify a complex process for someone, or you acted carelessly, but your actions were not driven by a desire to cheat or trick them. We can present evidence of your character and the context of the situation to show your lack of fraudulent intent.
- Mutual Mistake: It’s possible that both you and the person who signed were mistaken about the facts or the nature of the document. A shared misunderstanding is not a criminal scheme. If both parties were confused, there was no criminal deception on your part.
The Signature Was Not Caused by the Pretense
The state must prove a direct link of reliance. The alleged victim must have signed because of your false statement. If they signed for other reasons, the chain of causation is broken.
- No Reliance: The person who signed may have done their own research, consulted with others, or simply not cared about your statement. If they were not actually relying on your words when they signed, your pretense did not “obtain” their signature. We can cross-examine the alleged victim to show they were not truly influenced by you.
- Independent Judgment: If the person who signed the document was sophisticated, had their own legal or financial advisors, or had ample opportunity to read the document and simply chose not to, it can be argued they exercised their own independent judgment, breaking the link to your alleged false statement.
The Document Was Not a Subject of Forgery
This is a critical, technical defense. The statute is narrow and only applies to signatures obtained on specific types of legally powerful documents.
- Wrong Type of Writing: The document in question may not meet the strict legal definition required under the Aggravated Forgery statute (§ 609.625). If it was not a document creating legal rights (like a contract or deed), a public record, or another specified writing, this charge is legally improper and must be dismissed.
- No Legal Significance: We can argue that the document, even if signed, had no actual legal effect or power. If the signed paper was essentially meaningless or unenforceable, then no crime under this specific statute was committed.
Your Pressing Questions Answered: Minnesota Obtaining Signature by False Pretense FAQs
Facing a complex fraud charge generates countless questions and anxieties. You need clear, direct answers to help you understand what you are up against. Here are answers to some of the most common questions I hear from my clients.
Will I go to jail for this crime in Minnesota?
Because this offense is punished as a felony (Aggravated Forgery), a prison sentence of up to 10 years is a very real possibility. However, it is not a certainty. A skilled defense attorney can argue for alternatives to incarceration, such as probation, especially if you have a minimal criminal history. The outcome depends entirely on the facts of your case and the quality of your defense. My number one priority is always to protect your freedom.
Can this felony charge be dismissed?
Yes, and achieving a dismissal is always my primary goal. A case can be dismissed for many reasons: if the state has insufficient evidence, if police violated your constitutional rights, or if we can prove that one of the essential legal elements of the crime—like fraudulent intent—is missing. An aggressive, proactive defense can expose these weaknesses and force a dismissal.
Do I really need a lawyer for a charge like this in Minneapolis or St. Paul?
Absolutely. This is a high-stakes felony charge, not a traffic ticket. The prosecutors in Hennepin and Ramsey counties are experienced and will prosecute these cases aggressively. You cannot navigate this complex legal territory alone. You need a defense attorney who understands fraud cases, knows the local court system, and is prepared to fight for you. Your future is too important to risk going it alone.
How long will this stay on my record if I am convicted?
A felony conviction for Obtaining a Signature by False Pretense is a permanent mark on your criminal record in Minnesota. It will show up on every background check for the rest of your life unless you are able to get it expunged, which is a difficult and uncertain process. This is why fighting the charge so aggressively at the outset is the most important thing you can do.
What is the difference between this and regular fraud?
This crime is very specific. It focuses on the single act of using a lie to get a signature on a legally significant document. Other types of fraud might involve broader schemes to obtain money or property through deception that don’t necessarily involve tricking someone into signing a specific type of document covered by the Aggravated Forgery statute.
What if I thought the statement I made was true?
This is a cornerstone of a strong defense. If you genuinely believed that the statement you made was true, you lacked the “intent to defraud.” A mistake, even a negligent one, is not a crime. Proving your good-faith belief can completely defeat the prosecution’s case.
What if the other person didn’t even read the document?
This can be a powerful fact for the defense. If the alleged victim had every opportunity to read and understand the document but chose not to, it strengthens the argument that they were not relying on your statements. We can argue that their own negligence, not your pretense, was the reason they signed.
Does the person who signed have to suffer a financial loss for me to be charged?
No. The crime is complete the moment you obtain the signature through a false pretense on a qualifying document. The state does not need to prove that the victim actually lost money or property. The focus is on your fraudulent act of obtaining the signature itself.
What should I do if investigators or police want to talk to me?
You must invoke your rights. Politely but clearly state, “I am exercising my right to remain silent, and I will not answer any questions without my lawyer present.” Do not try to explain yourself or talk your way out of it. Everything you say can and will be used to build a case against you. Call an attorney immediately.
How much does it cost to hire a lawyer for a felony case like this?
A strong criminal defense is a critical investment in your future. Many attorneys, including me, handle serious felony cases on a flat-fee basis, so you know the full cost upfront without any hidden surprises. The cost of a conviction—in lost income, fines, and ruined opportunities—is infinitely higher than the cost of a robust legal defense. I offer a free consultation to discuss your case and the fees involved.
What if I was just trying to help someone and made a mistake?
Your motive is a key part of the story. While “I was trying to help” is not a legal defense in itself, it goes directly to the element of fraudulent intent. If your purpose was not to deceive for personal gain but was instead a misguided attempt to assist someone, we can use that to argue that you did not have the criminal state of mind required for a conviction.
Can this charge impact my professional license?
Yes, absolutely. A conviction for a crime of dishonesty like this one can be a death sentence for a professional career. State licensing boards for doctors, lawyers, accountants, real estate agents, nurses, and many other professions will likely suspend or revoke your license, making it impossible to work in your chosen field.
What if the alleged victim now says they don’t want to press charges?
While helpful, this does not automatically end the case. The decision to prosecute rests with the State of Minnesota, not the individual who signed the document. The prosecutor can force the alleged victim to testify against you. However, a reluctant witness can significantly weaken the state’s case and provide powerful leverage for negotiation.
Does this law apply across Minnesota, like in Rochester or Eagan?
Yes. Minnesota Statute § 609.635 is a state law, and it is enforced in every county. The charge is just as serious whether it is brought in a major city like Minneapolis or a suburb like Eagan, Maple Grove, or Bloomington. I have experience defending clients in courtrooms throughout the entire state.
What is the very first thing I should do?
The first and most important thing you can do right now is to contact an experienced Minnesota criminal defense attorney. The sooner you have a dedicated advocate on your side, the more we can do to protect your rights, preserve evidence, and begin building the strong defense you will need to fight back.
Beyond the Courtroom: The Lifelong Consequences of a Felony Conviction
A felony conviction for Obtaining a Signature by False Pretense is a life sentence of collateral consequences. It follows you long after any jail time or probation has ended. This public, permanent record brands you as dishonest, and it will systematically slam doors shut in every area of your life. Understanding these lifelong consequences is essential because this is the future we are fighting to protect you from.
The End of Your Second Amendment Rights
A felony conviction in Minnesota means an automatic, lifetime ban on your right to own, possess, or even be near a firearm or ammunition. For the many Minnesotans who value hunting or believe in their right to own a gun for self-defense, this is a permanent and devastating loss of a fundamental constitutional right. The only way to protect this right is to prevent the conviction in the first place.
A Career Killer on Your Record
In our digital world, background checks are universal. A felony fraud conviction is one of the most toxic things an employer can see. It will immediately disqualify you from any position of trust, which includes most meaningful careers in finance, healthcare, education, management, and technology. You will lose any professional license you currently hold, and you will be barred from obtaining others. It can relegate you to a lifetime of low-wage jobs, regardless of your skills or experience.
Barriers to Housing and Education
The search for a safe place to live becomes a nightmare with a felony record. Landlords in competitive markets like those in the Twin Cities and their suburbs routinely deny applicants with felony convictions. You could be denied housing for you and your family based on this one past event. Similarly, a felony conviction can be a major roadblock to higher education, making you ineligible for federal student loans and leading to rejection from colleges and universities.
Immigration Catastrophe
For any non-U.S. citizen, a conviction for this crime is an absolute disaster. It is considered a “Crime Involving Moral Turpitude” (CIMT), which carries the harshest immigration penalties. This can include immediate deportation, even if you are a lawful permanent resident (a green card holder). It will serve as an insurmountable barrier to ever becoming a U.S. citizen and can prevent you from re-entering the country if you ever leave.
Why Your Choice of Attorney Is Critical in a High-Stakes Fraud Case
When the state has marshaled its resources to convict you of a felony, you cannot afford to be outmatched. This is not a time for a passive or overworked public defender. You need a private criminal defense attorney who is singularly focused on one thing: winning your case. The single most important decision you will make—one that will define the outcome—is who you choose to stand with you and fight.
The Undivided Loyalty of a Private Defense Attorney
As your private attorney, I work for you, and only for you. My sole allegiance is to protecting your interests. I don’t answer to a bureaucracy or struggle under an impossible caseload. This gives me the freedom and the time to dedicate myself completely to your defense. I will personally investigate every detail, interview every witness, scrutinize every piece of the state’s evidence, and craft a legal strategy tailored to the unique facts of your case. You are not a file number; you are my client, and your future is my cause.
The Power of Acting Fast
In a criminal case, the clock is your enemy. The most critical time for your defense is right now. By bringing me into the fight immediately, you allow me to get on offense. I can intervene with investigators and prosecutors, often before their case against you has solidified. We can preserve evidence that might otherwise be lost and lock in witness testimony while it’s still fresh. Early intervention can lead to charges never being filed, or to charges being significantly reduced. The battle for your future starts the moment you decide to act.
Deep Knowledge of Minnesota’s Courts
A successful defense requires more than just knowing the law; it requires knowing the players and the terrain. I have defended clients in courtrooms all over Minnesota. I know the judges, the prosecutors, and the local court procedures in Minneapolis, St. Paul, and communities statewide. I understand the different prosecutorial priorities in Hennepin County versus Anoka County, or in Duluth versus Rochester. This invaluable local knowledge allows me to build a strategy that is not just legally sound, but also persuasive to the specific audience we need to convince.
A Relentless Drive for Results
My approach is built on one principle: prepare to win at trial. By preparing every case with the intensity required for a courtroom battle, we show the prosecutor that you will not be bullied into an unjust plea deal. This position of strength is what produces results. It forces the prosecutor to confront the weaknesses in their case and leads to better outcomes, whether that is a full dismissal of all charges, a negotiation to a lesser offense that saves your record and your future, or a hard-fought “not guilty” verdict from a jury. You are facing the fight of your life, and you need a lawyer who will fight for you with everything they have.