Trusted Fraud Defence Lawyer in Brampton, ON, Canada
A fraud charge or conviction will have a significant impact on your life. If you are dealing with criminal fraud charges in Ontario and need an experienced criminal lawyer, GSP Law will help you achieve the best possible result in your case by carefully examining the criminal allegations against you.
We expertly defend fraud charges throughout Ontario, focused primarily in the Greater Toronto Area, including but not limited to Brampton, Milton, Mississauga, Newmarket, North York, Orangeville, Oshawa, Toronto.
What is Fraud Crime in Canada?
Fraud crime in Canada is a criminal offence charged to someone described under the Criminal Code section 380(1) as:
“Every person 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.”
According to the Criminal Code:
- The accused must place the complainant in danger of financial or other property loss for the offence to be classified as fraud.
- The accused can also be charged with fraud if they cause another to believe that they have been defrauded and intends to benefit from the victim’s belief.
- The accused may be charged with fraud if the accused uses deception to obtain something of value from someone else involuntarily or without their consent.
Remember that you may be found guilty of fraud even if there were no financial losses. What matters is whether you intended to commit fraud.
You may be charged with Fraud Over $5000 or Fraud Under $5000, depending on the amount of money alleged to have been defrauded.
If you’ve been charged with Fraud Over or Under $5000 anywhere in Toronto, Brampton, Orangeville, and the surrounding GTA, we can help guide you through the complex and stressful process that lies ahead.
Call GSP Law for fraud defence consultation immediately. Let’s discuss your case and put forth your best defence.
How To Defend Yourself Against Criminal Fraud Charges
If you are accused of fraud, you will not be able to escape liability by simply returning the funds.
If you are accused of fraud, you need to take the action immediately. Your outcomes in fraud cases can depend just as much on the circumstances surrounding your case as they do on the lawyer you hire to represent you.
Hiring GSP Law puts not only a skilled lawyer by your side but also bolstering your defence with our collective insights, experiences, and expertise. We can help you with:
- Diverting your case by means of an alternative measure program
- Defending you in court
Fraud Trial Defences
Should your case go to trial, the following are only a few of the potential defences a defendant of fraud charges can take:
Lack of Fraudulent Intent
If you were selling fake goods that you genuinely thought were real, you would lack the fraudulent intent required for a conviction of fraud.
However, if you did not verify the items authenticity to protect your ability to claim ignorance in the event; they turned out to be fake and your reckless or willful blindness would negate this defence.
No Risk of Loss
Since an essential element of fraud is the risk of loss to the victim, there can be no fraud without at least the risk that the victim loses something.
Such a loss only comes into play when there is a transfer of assets or interest. If you can prove that there was no transfer, then you may be able to use that defence.
Unlawful Search and Seizure
Legal searches require evidence of fraud to be gathered. If the search was illegal, some or all your evidence could be inadmissible in a court of law.
Violations of the Charter of Rights and Freedoms
Charter applications, and motions outlining the ways police violated your charter rights during a criminal investigation, can help you get evidence excluded from the trial.
You could argue violations such as searching your car without permission or not allowing you to speak with a lawyer.
If police violate Charter rights during their investigations; the evidence they obtain may be deemed inadmissible.
Important Professional Disclaimer:
This website does not and cannot contain legal advice. The legal information provided on this page, especially the potential defences cited, is for general information and educational purposes only. No part of it is meant to be used as a substitute for professional advice.
Accordingly, we encourage you to consult a professional to provide you with legal advice fit for your case before taking any action based upon such information.
GSP Law cannot be held accountable nor liable for misinterpretation of the cited potential defences for fraud charges, and they are not legal advice nor guidance given on this website.
GSP Law encourages users of this website to consult with local counsel or contact us for actual legal advice or guidance.
What are the Penalties of Fraud in Canada
Fraud penalties vary depending on the monetary value of the fraud. For instance, a person who commits fraud over $5,000 could be sentenced to prison.
Fraud under $5,000
Fraud under $5,000 offence is typical of a lesser scale and can range in complexity.
Fraud under $5,000 usually proceeds by way of summary conviction and may or may not carry a sentence including imprisonment.
Fraud under $5,000 is an indictable offence punishable for up to 2 years in prison. It is also a summary conviction offence with a maximum penalty of 6 months in prison and $2,000 or less.
Fraud over $5,000
Fraud over $5,000 carries a maximum penalty of 14 years in prison. Below that, the possible sentence is increased by the value of the deceived asset, among other factors
Although a fraud offence involving more than $5,000 in property or services has a lengthy maximum sentence, the prosecution may decide to proceed by way of summary conviction.
It is critical to have an experienced fraud lawyer on your side who will work professionally with you to obtain the best possible result.
Were You Charged with Fraud in Greater Toronto Area?
GSP Law offers professional fraud defence lawyer representation, especially in Toronto, Brampton, and Orangeville. We are prepared to thoroughly review your situation and develop an approach tailored to your defence needs.
Why Choose GSP Law as your Manslaughter Defence Lawyer in Brampton, ON, Canada
- Seasoned and Experienced Criminal Defence Lawyer.
- Conducts a thorough review of criminal charges and pieces of evidence.
- Dedicated to your specific needs.
- Professional and Knowledgeable to defend all clients no matter what charge and at all court levels.
Reach out today and get proper representation by a highly experienced fraud lawyer at GSP Law
Fraud Cases and Criminal Charges Can Be Won.
GSP Law offers professional fraud defence lawyer representation, especially in Toronto, Brampton, and Orangeville. We are prepared to thoroughly review your situation and develop an approach tailored to your defence needs.
FAQs About Fraud
What’s the maximum penalty for fraud over $5000?
The Criminal Code of Canada, section cc. 380. (1) states that, "anyone convicted of fraud over $5000 faces a prison sentence of up to 14 years."
What’s the maximum penalty for fraud under 5000$?
Anyone who is found guilty under section 380(1)(b) of the Criminal Code of Canada is guilty of a hybrid offence (Summary or Indictable) with a maximum sentence of 2 years’ imprisonment, or in less serious crimes such as summary conviction, a maximum penalty of 6 months’ imprisonment.
What if I pay back the money?
Paying compensation to a victim may result in a more favorable outcome in your case. However, we highly recommend obtaining legal advice before proceeding.
What would happen if I didn’t know I was part of a fraud?
If the Crown proves that you intended to commit fraud, they must show that you had the voluntary intent to commit fraud (for instance, you knew that you were doing something wrong).
Are there defences against fraud?
Depending on the circumstances, there are defences available.
GSP Law is highly experienced in defending clients in instances involving complicated fraud cases.
Testimonials
What our clients are saying:
Honest. Dedicated. Effective.
We understand how stressful it might be to face a possible DUI conviction or criminal record. To provide superior legal services with professionalism, honesty, and dedication is our mission.
Regardless of your current situation in the criminal justice system, it is vital to acquire a criminal defence lawyer as soon as possible.
At GSP Law, we are devoted to exploiting all accessible paths of defence to obtain the most desirable outcome possible for our customers.
Our experienced and client-centric team of legal experts specializes in criminal law. We are committed to providing effective representation for individuals facing a variety of offences.
