St. Catharines Fraud Lawyer

A fraud charge is in the same general category as theft charges and is technically classified as a crime of dishonesty. Charges of fraud are brought when one person takes advantage of another person or a group of people by defrauding them of property, money, valuable security or any service. The action of defrauding can be defined as using deception, falsehood or other fraudulent means to procure someone else’s property or money for the purpose of personal financial gain. A charge of fraud is sometimes difficult for the Crown to prove beyond a reasonable doubt.  Fraudulent actions can include:

• Breach of trust against your employer
• Credit and debit card fraud
• Defrauding financial institutions
• Defrauding a business
• Misrepresentation of legal documents
• Construction fraud with the contractors

In order for the Crown to prove guilt, the crime must meet two specific elements. First, there must be a prohibited intentional act of deceit, falsehood or other fraudulent means. Second, the prohibited act must lead to the deprivation or loss of money, property, valuable security or any service.  Complicated frauds can often involve the police charging an accused with multiple counts on a criminal information.  Some fraud prosecutions are very complex with extensive electronic and documentary disclosure and lengthy trials.

Legal Consequences

A charge of fraud, no matter what the value of the property in question, is considered to be a serious charge by the Crown and you may also suffer repercussions beyond a possible jail sentence related to your employment and housing. You need to contact your St. Catharines Fraud Lawyer to guide you through the difficult court process and to advise you during the preparation of your defence.

Fraud with a Value Less than $5,000

A charge of fraud under $5,000 is a serious criminal offence. Assuming the crown elects by indictment and you are found guilty of fraud under $5,000, you could face a jail term of up to 2 years in prison. The Crown may elect to proceed summarily for less serious fraud charges and ask for a more lenient sentence to possibly avoid a jail term, especially if you have no prior criminal record.  Kruse Law Firm’s lawyers are often able to negotiate with the Crown for their clients to receive diversion and a withdrawal of the charges for minor or less aggravated fraud charges.   In many cases, the legal and negotiation skills of a good criminal lawyer can either avoid or lessen a jail term for non-aggravated fraud charges.

Fraud with a Value Greater than $5,000

Should you be found guilty of fraud over $5,000, it is considered to be a straight indictable offence and carries a maximum penalty of 14 years in prison. The charge of fraud over $5,000 is a very serious criminal charge and a conviction will often result in receiving a lengthy jail term.

Other Legal Consequences

With most fraud charges, the prosecution will usually proceed even if the property or money is returned to its rightful owner or replaced.  These types of mitigating actions could potentially be used for bargaining during  defence counsel’s resolution discussions with the Crown, resulting in a lighter sentence.  Those with a criminal record for a fraud conviction, will find it very difficult to find or keep a job, rent a new apartment or travel to the United States. The stigma of a fraud or any criminal record will follow you for years.

Your St. Catharines Fraud Lawyer

Kruse Law Firm has defended fraud cases for many years. Our knowledgeable and talented St. Catharines Fraud Lawyers are ready to bring their extensive experience to prepare the best possible defence for you. Mike Kruse, the founding partner, has more than 30 years of experience of successfully defending fraud charges.

Free Consultation

Kruse Law Firm offers a free, no obligation consultation with our St. Catharines Fraud lawyers to answer your questions and explain how they will guide you through the court system and present your best strategic defence. Fill out the brief online form or call us today to get started.