Frequently Asked Questions For Fraud Charges Ontario
Different types of fraud charges in Toronto are distinguished by the value of the assets allegedly defrauded. Those exceeding $5000 are regarded as a more serious offence, while those under $5000 are considered less severe. It’s not uncommon for an individual accused of fraud to have several counts against them if the fraudulent activity took place over an extended period of time. Being classified as a “property offence”, anyone facing fraud charges must seek legal counsel from a criminal lawyer. Fraud is a serious crime that can have devastating consequences. If you are accused of fraud, it is important to understand the legal process and what you can do to protect your rights.
What Is The Possible Penalty For Fraud Under $5000 in Canada?
According to Section cc. 380.(1)(b) of the Criminal Code of Canada, someone convicted of fraud under $5000 can be imprisoned for up to 2 years. If the case is less serious, the same offence can be punishable as a summary conviction.
What is The Possible Penalty For Fraud Over $5000 in Canada?
In Canada, fraud is a serious crime that can be punishable by up to 14 years in prison. Section 380. (1) of the Criminal Code states that anyone found guilty of fraud over $5000 is guilty of an indictable offence. This means that the person can be tried in court and, if convicted, could face a prison sentence.
What Happens to a Fraud Case if I Pay Back The Money?
Fraud cases are often quite challenging for a prosecutor to prove in court and require a lot of effort and time to be thoroughly investigated by the prosecutor’s office and the police. In some cases, offering to pay restitution or the value of the property or money involved may result in an agreement to withdraw the charges instead of the prosecutor consuming time prosecuting a problematic case. The judge may also consider the offer to pay back the value involved in the fraud in determining what penalty to impose.
What Are The Best Defences To Fraud?
There are a few potential defences to fraud charges that can be raised depending on the specific circumstances of the case. One possible defence is lack of intent to defraud, which could be effective if proven.
Another possible defence to a fraud charge is to argue that the act in question did not result in any form or risk of deprivation. Because an essential element of fraud is that there was some loss or risk of loss to the complainant, with no risk of loss there can be no offence.
The issue of unlawful search and seizure is often a key concern in criminal cases. If the police have obtained evidence through production orders or search warrants, an accused person may be able to argue that this evidence should be excluded on the grounds that it was unlawfully obtained. This can be a complex area of law, and it is important to get expert advice if you are facing criminal charges and believe that the evidence against you may have been unlawfully obtained.
An experienced criminal defence lawyer can spot any weak spots in the prosecution’s case and find evidence that can be excluded or challenged. Calvin Barry has prosecuted and defended fraud cases, so he knows how to build a strong defence.
If you are facing fraud charges, contact us today for a free consultation. We will review your case and start working on your defence right away.
Contact Calvin Barry Today.
Contact an experienced criminal defence lawyer in Toronto to fight for your case.