Fraud Charges
YOU CAN TRUST DV PLEDGE TO DEFEND YOU AGAINST A WIDE RANGE OF FRAUD CHARGES
Fraud is defined as wrongful deception intended to result in financial or personal gain for the perpetrator. Section 380 of the Canadian Criminal Code states that “everyone who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretense within the meaning of the Act, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service is guilty of an indictable offense and liable to a term of imprisonment.”
Fraud is considered a “property offense” which puts it in the same broad category as theft, robbery, extortion and arson. Fraud charges include credit card fraud, debit card fraud, construction fraud and other cases involving financial and legal documents. If you are charged with fraud, you may face a jail term of up to 14 years depending upon the magnitude of the fraud you have allegedly committed. Therefore, you will need a respected and experienced criminal defense lawyer.
According to Section 380 of the Criminal Code, the penalties for fraud charges are as follows:
- Fraud under $5,000: If you are found guilty of committing fraud under $5,000, then you are “guilty of an indictable offense that is punishable by a term of imprisonment up to two years, or in less serious cases, by an offence punishable on summary conviction.”
- Fraud over $5,000: If you are found guilty of committing fraud over $5,000, then you are “guilty of an indictable offense that is punishable by a term of imprisonment up to fourteen years.”
The best defense against fraud charges are either to claim that you didn’t commit any fraud or to claim that you didn’t intend to defraud. Once a fraud charge has been filed against you, paying back the amount you have allegedly defrauded does not result in automatic dismissal of the case. It becomes a criminal case and it is up to the Crown Prosecutor to decide what steps to take. However, your lawyer may be able to negotiate an out of court settlement with the alleged victim.
When fraud charges are brought against you, the first thing you should do is hire an expert Toronto criminal lawyer. Donna V. Pledge is a reputable criminal defense lawyers in Toronto who has successfully handled a wide range of fraud cases in over two decades. Whatever the magnitude and circumstance of the fraud you have allegedly committed, we can defend you successfully. Depending on whether you actually committed the fraud or not, we can have your case dismissed or seek an acquittal, or negotiate a lighter sentence for you.