Criminal Law
Experienced Fraud Lawyer Serving Mississauga, Brampton & GTA
Criminal Law
Strategic Legal Defence for Fraud Charges Across Ontario
An accusation of fraud could lead to legal consequences like a prison term, fines and a criminal record. This is why it is crucial for you to engage the services of an experienced criminal defence lawyer from the very beginning to help you clear your name. At Nanda and Associate Lawyers, our team of criminal defence lawyers has a strong track record of successfully defending our clients against all manner of criminal fraud charges in court.
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What constitutes the offence of fraud in Canada?
Under Canadian law, the act of fraud refers to any unlawful gaining of money or property through deceit, falsehood, or any other fraudulent means. This offence falls under Section 380 of the Criminal Code of Canada, where the penalties prescribed may vary according to the total value of the fraud and the severity of the offence.
- Criminal fraud above the value of $5000 (Section 380(1)(a))
- Indictable offence with a maximum possible sentence of 14 years imprisonment.
- Fraud of value above $1 million will attract a minimum mandatory sentence of two years in prison.
- Criminal fraud below the value of $5000 (Section 380(1)(b))
- Indictable offence: Maximum possible sentence of up to two years imprisonment.
- Summary conviction: fines or shorter prison sentences.
How can our criminal defence lawyer help you in the case?
When accused of a serious criminal offence such as fraud, there is always a chance that you might be facing a possible prison sentence upon conviction. Having an experienced criminal lawyer fighting in your corner gives you a fighting chance in court. Your lawyer can help you in the following ways in your case.
- Building a defence: Your lawyer will study the case and look for possible weaknesses in the evidence gathered by the Crown against you. If there are helpful defence witnesses available, the lawyer will interview them.
- Negotiations to get the charges reduced or dropped: If you are a first-time offender or when the total value of the fraud is below $5000, it might be possible to negotiate with the Crown to get the charges reduced or dropped altogether, in some cases.
- Legal representation: Most importantly, in a criminal case, your criminal defence lawyer will represent you in court. At trial, your lawyer will cross-examine the witnesses and the experts presented by the Crown and point out any discrepancies in the evidence submitted.
An experienced criminal lawyer will ensure that your rights are protected throughout this process and rigorously defend you in court against the charges laid against you. The goal is to obtain a final court order in your favour. And in some cases, it might become necessary to appeal against an unfavourable judgment in higher courts.
We can Help
If you are dealing with such serious criminal charges, do not hesitate to reach out to our criminal defence team for immediate legal support and guidance. Get in touch with our team to schedule your consultation today.
Frequently Asked Questions
What if I didn’t know I was part of a fraud?
In a criminal case, the burden of proof on the Crown to prove the defendant’s guilt is higher than that in a civil case. The Crown must establish your guilt in court beyond a reasonable doubt by proving, among other things, that you acted intentionally when the crime was committed. If you were unwittingly playing a part in a criminal fraud, this is likely to make it difficult for the prosecution to establish intent. However, if you did obtain money from the victim, regardless of your awareness of the fraud involved, once it is discovered, you will have to return the money. Get in touch with our criminal defence lawyers immediately if you find yourself in such a situation involving criminal fraud.
What if I offered to pay back the money?
Paying the money back to the victim does not necessarily let you off the hook from the consequences of the offence committed. However, in most cases, the Crown will look favourably on your action, and they might choose to drop or reduce the charges laid against you. Consult with our criminal defence lawyers to figure out how best to pursue this matter and what legal options are available to you.
What are the most common types of fraud?
Fraud is a widely reported criminal offence that takes place in multiple forms. Some of the most commonly reported types of fraud are the following.
- Credit card fraud.
- Tax fraud.
- Loan fraud.
- Insurance fraud.
- Employment fraud.
- Mortgage fraud.
- Real estate fraud.
Fraud can happen in any field or any type of financial or property transaction. If you are wrongly accused of fraud, do not hesitate to reach out to our criminal defence team for legal support and assistance.
How to legally prove criminal fraud?
In order to prove the charges against the accused, the Crown must prove the guilty act and the subjective knowledge behind it in court.
- Actus Reus, or the guilty act: In a criminal case, the burden of proof is on the prosecution to prove that the offence was indeed committed by the accused. This can be deception, misrepresentation of facts, or lying. Also, it is important to show how the action of the accused affected the victims in the case.
- Mens Rea or subjective knowledge: Here, the Crown must prove that the accused knowingly committed the act of fraud, thereby causing deprivation to the victim.
If the prosecution cannot prove these things beyond a reasonable doubt in court, the accused may be cleared of the charges on technical grounds.
What is the difference between criminal fraud and civil fraud in Canada?
Criminal fraud is a public offence where the charges are brought forward by the Crown against the accused under the Criminal Code of Canada. Since it is a criminal offence, the burden of proof is greater on the prosecution to prove the guilt of the accused beyond a reasonable doubt. The consequences of a conviction for the accused are also higher, with the possibility of a prison sentence or fine. Civil fraud, on the other hand, is a legal dispute between two parties, and it falls under civil law. This is purely a private dispute settled in court with lawyers representing either party. The consequence in a civil fraud case for the defendant is to pay damages.
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