Fraud Under/Over

Fraud Defence Lawyer Mississauga, ON

The charge of fraud is focused upon the actions of the accused who has defrauded the public or any person. Similar to theft charges, the value of the subject matter of the fraud charge is important when it comes to laying of the fraud charge.

In other words, the punishment in a fraud charge is dependant upon many factors including the value of the subject matter. If the charge is fraud over $5,000, this is a straight indictable offence. Indictment proceeding is treated more severely and the accused can elect a mode of trial whether by judge alone or judge and jury.

If the value of the subject matter is below $5,000 it is punishable on a summary conviction.

The charge of fraud is codified in section 380 of the Criminal Code and reads:

Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service,(a) is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years, where the subject-matter of the offence is a testamentary instrument or the value of the subject-matter of the offence exceeds five thousand dollars; or (b) is guilty(i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or(ii) of an offence punishable on summary conviction,where the value of the subject-matter of the offence does not exceed five thousand dollars.

Fraud over/under $5,000 involve many different elements for the charge to be proven. It is the duty of the crown prosecutor to prove the elements of the offence beyond a reasonable doubt. All the elements of fraud charge must be met. If you are charged with a fraud related offence you may have a defence available depending on the facts of the criminal case. Your criminal defence lawyer will advise you if there are any legal defences to your alleged fraud charge which may negate the elements of the offence.

Do not plead guilty until you have either consulted with duty counsel or a criminal defence lawyer regarding your criminal case. It is also important to know that you have legal rights and equally important that they are preserved.

Contact an experienced Criminal Defence Lawyer today at (905) 230-4529 and book your free consultation. As a Criminal Lawyer, I will defend your case and fight for you to ensure that you obtain the best possible outcome in a time effective manner. I also accept Legal Aid Certificates. Hire me as your Legal Aid Criminal Defence Lawyer in Mississauga today!

DISCLAIMER: The content provided is for Informational purposes only. Nothing shall be construed on this web page as providing legal advice nor does the content form any kind of Solicitor-Client relationship. Readers should verify the source of the information and obtain legal advice before relying or acting upon it.