Fraud, theft, larceny, swindling, etc. Whatever name you choose, will always be associated with the opposing concepts of fraud and theft. Additionally, they can land you in serious trouble and result in jail time, community service, and possibly a criminal record.
A strong fraud and theft defence attorney is essential if you find yourself facing such accusations. And it’s frequently the first action you should take to deal with such issues.
What does Fraud mean?
Section 380 of the Criminal Code addresses fraud. A wide word, “fraud charge,” can refer to a variety of offences. To put it simply, fraud is the illegal and dishonest stealing of another person’s goods, money, precious security, or any service. Fraud typically arises when someone fabricates facts to gain an advantage or to stop someone else from getting what is rightfully theirs.
To this end, the two distinct elements that make up the crime of fraud are:
- A prohibited behavior intended to trick or mislead someone.
- A financial hardship brought on by the illegal activity that caused a real loss or put the claimant in a precarious situation where a loss might happen. Poverty must have a strong connection to assets money or a particular kind of service.
- It’s crucial to remember that you may still face fraud charges even if the complainant suffered no losses as a result of your actions. Your deliberate purpose to defraud is what matters.
Fraud offences fall into two categories. Those that cost more than $5,000 (fraud over 5000$) and those that cost less than $5,000 (fraud over 5000$). The components of fraud and theft offences are similar in both types. Nonetheless, there are differences in the fines levied under guilt determination and the cost of the affected property.
What does Theft mean?
In terms of property-related offences, theft falls under a broad category. Depending on the situation the punishment can be severe. A conviction for theft can have substantial long-term repercussions for a person caught in the act of this violation, from a straightforward shoplifting charge to extensive “white-collar” fraud schemes.
Theft falls under the category of a property offence. Theft Under $5000 and Theft Above $5000 are the two subcategories. Stealing Under $5000 brings a maximum punishment of two years in jail. The maximum term for theft above $5000 is ten years in prison.
From shoplifting to white-collar crime, Kisel law experts have a wealth of experience handling all types of theft.
A theft conviction can have a significant impact on your life outside of jail time, notably on your chances of finding employment in the future. Regardless of your line of work or whether it’s a first-time or recurring offence, our firm can assist you in mounting a defence. If you have been charged, it is crucial to contact a lawyer as quickly as you can.
What are some Possible Fraud and Theft Defenses?
- Factual Innocence → The accused will be found not guilty if the Crown fails to satisfy the burden of proof by establishing all material facts of the specific offence beyond a reasonable doubt.
- Honest but Mistaken Belief → The defence of Honest but Mistaken Belief can be applicable when the accused genuinely but mistakenly thought the subject property was his (i.e., he was granted it or had permission to possess it).
- Color of Right → This is a defence to the charge in cases where the property in question is owned by the accused.
- Violation of Charter Rights →Individuals have several rights protected by the Canadian Charter of Rights and Freedoms, including:
- Freedom from unjustified imprisonment
- The right to early notification and protection from excessive search and seizure
- The immediate right to instruct and hire counsel, as well as the right to a speedy trial
Kisel Law has a track record of successfully winning diversion for our clients. Evidence against the accused is weak, theft was not worth much, or the accused made restitution.
Kisel Law fraud and theft attorneys have the knowledge and enthusiasm to guide you through the legal system. Several clients who were accused of theft have been represented by our attorneys. We will work relentlessly to guarantee you have the best possible trial. Contact us for a free consultation at (289)-835-3465 now!
1. What is considered fraud in criminal law?
Fraud is a criminal offense that involves intentionally deceiving someone for financial gain. It can take many forms, such as credit card fraud, insurance fraud, or investment fraud. If you are facing fraud charges, it’s essential to seek legal advice to protect your rights.
2. What are the penalties for theft crimes in Canada?
The penalties for theft crimes vary depending on the value of the property stolen and the type of theft involved. In Canada, theft can lead to fines, restitution, probation, or even imprisonment. An experienced criminal defense lawyer can help you understand the consequences and explore your legal options.
3. How can a criminal defense lawyer help with fraud charges?
A criminal defense lawyer specializing in fraud can help you navigate the complexities of the legal system. They can assess the evidence, challenge any false accusations, negotiate plea deals, or represent you in court to reduce the charges or penalties.
4. What should I do if I’m accused of a theft crime?
If you’re accused of theft, it’s crucial to remain calm and contact an attorney as soon as possible. Your lawyer can help protect your rights, investigate the case, and build a strong defense strategy tailored to your situation.
5. Can theft or fraud charges be dismissed?
In some cases, theft or fraud charges can be dismissed if there is insufficient evidence or if procedural errors occurred during the investigation. A skilled criminal defense attorney can review your case to determine the best approach for achieving a favorable outcome.