Fraud Lawyer Toronto
How To Defend Fraud Charges
Fraud charges are either classified as fraud under $5000 or fraud over $5000, depending on the value of the amount alleged to have been defrauded. It is considered a “property offence” and it is not uncommon for an accused person to have multiple counts of fraud alleged if the conduct alleged took place over a lengthy period of time. Those looking for advice on fraud charges should consult a criminal lawyer.
As in all criminal cases, entering a plea of guilty to a fraud charge can have profoundly serious consequences. Having a criminal record may affect your work, your immigration status, your reputation, your family and your personal freedom. A conviction for fraud is particularly problematic because it is considered a crime of dishonesty.
Daniel Brown has extensive experience defending both minor and large-scale fraud cases. He has often identified significant problems with the documentation underlying a fraud prosecution and achieved numerous acquittals for his clients facing fraud charges.
In any fraud case, the prosecutor must prove, beyond a reasonable doubt, that a fraud occurred. In making their case, the prosecutor will often rely on a complex paper trail and witnesses. At every turn, there may be opportunities to exclude or challenge such evidence. Daniel Brown has the experience and skill to spot these opportunities and take full advantage of any possible weaknesses in the prosecutor’s case.
Read below for additional legal information about defending a criminal charge of fraud in Toronto, Ontario. Those looking for advice on fraud related charges should call Daniel Brown for an immediate consultation at (416) 297-7200.
Frequently asked questions about fraud charges in Toronto, Ontario.
- What is the possible penalty for fraud over $5000?
- What is the possible penalty for fraud under $5000?
- What if I pay back the money?
- Are there defences to fraud?
Under the Criminal Code of Canada, Section cc. 380.(1), every one who is found guilty of fraud over $5000 is guilty of an indictable offense that is punishable by a term of imprisonment up to fourteen years.
Under the Criminal Code of Canada, Section cc. 380.(1)(b), every one who is found guilty of fraud under $5000 is 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 cases are usually difficult for the prosecutor to prove in court. These cases usually require considerable time and effort to be expended on the part of the police and prosecutor’s office. In some instances, an offer to pay back the money or value of the property (called “restitution”) may result in an agreement with the prosecutor whereby they would withdraw the charges instead of prosecuting a time consuming and difficult case in court. In other cases, it may be a factor for the judge to consider when deciding the penalty to impose.
As with most criminal charges, you may have certain defences available to you, including a lack of intent to defraud, depending on the circumstances of your case.
Daniel Brown has successfully represented countless fraud cases including fraud under $5000 and fraud over $5000 throughout Ontario. Call now for a consultation to discuss your case (416) 297-7200.