Fraud is a criminal offence that can be committed in many different ways. If you are accused of fraud, it is important to understand the penalties you may face and the defences available to you. In this post, we will discuss the penalties for fraud in Canada and the defences that may be available to you.
What Are The Three Types Of Frauds?
There are three types of fraud in Canada:
- Simple fraud
- Fraudulent misrepresentation
- False pretenses
Simple fraud is the most common type of fraud and is defined as dishonestly obtaining or attempting to obtain property or service by deception. Fraudulent misrepresentation occurs when you make a false representation to another person, knowing that the representation is false, and intending to deceive the other person. False pretenses occur when you knowingly obtain or attempt to obtain property by making a material misrepresentation about an existing or past fact.
What Are The Penalties For Fraud?
The penalties for fraud depend on the type and value of the property obtained. Typically, if the value of the property is less than $5000, you may be fined up to $2000 or imprisoned for up to six months, or both. If the value of the property is more than $5000, you may be fined up to $10000 or imprisoned for up to two years, or both. If the value of the property is more than $5000 and you have a previous conviction for fraud, you may be fined up to $20000 or imprisoned for up to five years, or both. Of course, every case is different and penalties may vary depending on a variety of factors.
What Are Some Defenses To Fraud Charges?
Some defences to fraud charges include:
- You did not intend to deceive the other person;
- The other person was not actually deceived;
- You had a legal right to the property or service;
- You did not act dishonestly.
If you have been accused of fraudulent activity, or any other criminal offence, contact Dominion Criminal Defence and Appeals. Our team of experienced criminal defence lawyers can help you understand the charges against you and will work tirelessly to defend your rights and get you the best outcome possible.