Fraud is considered a property criminal offence in Canada. There are two different variations of fraud based upon the value of the property. When the value of the amount the victim alleges to have been defrauded of is under $5,000, then accused is charged with “Fraud under $5,000.” The second fraud offence one can be charged with is “Fraud over $5,000” when the value of the property, alleged to have been defrauded is at least $5,000 or more. In addition, it is common for the Crown to file multiple fraud counts against the accused in cases where the fraud occurred over an extended period of time.
The Criminal Code of Canada’s Definition of Fraud
Section 380 with the Criminal Code of Canada defines the criminal offence of fraud, as follows:
(1) Any person, who by falsehood, deceit, or other fraudulent means, regardless of whether or not it is a false pretence within the meaning of this Act, defrauds any person or the public, whether ascertained or not, of any valuable security, any property, money, or any service
- Is guilty of an indictable criminal offence and liable to a maximum imprisonment period of fourteen years, where the value of the property (subject matter) of the offence is in excess of five thousand dollars or the property fraudulently obtained during the criminal offence is a testamentary instrument, or
- Is guilty
- Of an indicatable offence and is liable for a maximum imprisonment period of two years, or
- Of an offence punishable by summary conviction,
Where the value of the property for the offence does not exceed five thousand dollars.
Why Hire Criminal Lawyers Passi & Patel for Fraud Related Criminal Offences?
At Passi & Patel, our Mississauga criminal lawyers have the attention to detail, knowledge, and skills required to defend both minor and large scale fraud cases. Quite frequently, fraud cases involve volumes of disclosure, a process that can be time consuming, which requires the commitment, patience, and expertise of experienced criminal lawyer to review and analyze.
While it can be tempting to enter a guilty plea or take a plea agreement just to get the charges settled, this is never in your best interests because there are a number of consequences, like minimum and maximum periods of imprisonment, you will face. In addition, being convicted for fraud can be particularly problematic since offences of this type are considered “crimes of dishonesty.”
Keeping these things in mind, if you, a loved one, or friend has been charged with fraud, regardless of the value, contact Passi & Patel now at 289-803-5076. Our Mississauga criminal lawyers are happy to provide you with an in depth case evaluation and free consultation to discuss your charges.