Being charged with fraud can feel like your whole world is crashing down. It’s a serious criminal offence in Canada, and this is why finding the best way of defending against a fraud charge is imperative.
But what are the most successful strategies for defending against fraud charges and how do you choose the right path forward? That’s where AGP LLP can help. Read on for everything you need to know.
Understanding Fraud Charges in Canada
Fraud comes under Section 380 of the Criminal Code of Canada. It’s defined as using deceit or any other dishonest means as a way to deprive someone of value. That could be property, money, or even a service.
The severity of a fraud charge is initially determined by the value of the fraud. If it’s under $5,000, then it’s seen as a less serious offence and a custodial sentence is less likely. For fraud over $5,000, it is more serious with a maximum penalty of 14 years imprisonment.
Fraud can take many forms with some of the most famous being identity, credit card, insurance, and tax fraud. Other forms such as corporate or business fraud can involve huge sums of money. Due to all of these various fraud types, it’s vital to find an experienced lawyer who will give you a tailored defence strategy specifically for your case.
Related Article: https://www.agpllp.ca/key-differences-between-fraud-vs-theft/
Key Strategies for Defending Against Fraud Charges
There are many ways to defend against a fraud charge, however, not all of them will apply to your circumstances. Here are the common options open to a defendant:
1. Hire an Experienced Criminal Defence Lawyer
The first step should always be hiring an experienced defence lawyer. Fraud law is complex and an inexperienced lawyer could well miss holes in the prosecution’s case. Always use a lawyer with a history of taking these types of cases.
A good lawyer will first assess the evidence against you and then identify weaknesses in the case. They will then advise you on the best course of action and, if necessary, fight the charges in court. An experienced lawyer will also ensure your rights are protected.
2. Challenge the Evidence
As you’re most likely aware, the prosecution must prove guilt beyond a reasonable doubt. A strong defence will find ways to cast doubt on the evidence. They will look at weaknesses and unravel them in court.
The most common way to do this is to highlight errors in the likes of financial records or contracts. They can also look at if the evidence was handled properly and challenge the credibility of witnesses. If applicable, your lawyer can file motions to suppress unlawful or unreliable evidence.
3. Demonstrate a Lack of Intent
One of the most important factors about fraud is that it requires intent. If you unknowingly profited from a mistake without intent, that isn’t fraud. An example would be if an honest mistake led to you misrepresenting your tax liability.
Your lawyer may argue that you had no knowledge of the fraudulent activity and had no intent to cause harm. A lack of intent may still require you to pay back any money owed, but without the criminal element that comes with fraud.
4. Argue Duress or Coercion
Duress is a valid defence for fraud in Canada. This means that if you were pressured, threatened or forced to commit the fraud, your lawyer can argue that you’re not criminally responsible. However, strong evidence is usually required for this.
You’ll need to prove that you acted under threat of harm to yourself (or others) and that you had no way of avoiding the fraudulent act. Ideally, you’ll have emails, messages, or witnesses to support these claims.
5. Raise a Defence of Mistaken Identity
You can also raise the defence of mistaken identity. For example, someone may have used your identity to commit the fraud. Again, strong evidence is required but if you have this, a lawyer can argue you’re not responsible.
Related Article:https://www.agpllp.ca/understanding-fraud-charges-common-types-and-legal-defenses/
Avoiding Common Mistakes When Defending Against Fraud Charges
It can be easy to make mistakes when charged with fraud. Your first port of call should always be to seek legal counsel. Fraud cases are complex, and you don’t want to speak to the police and implicate yourself.
You should also ensure you have provided your lawyer with every bit of evidence they need to fight your case. Records should be kept accurate and up to date, with any relevant emails, messages, and financial records being passed on to them.
It’s always best to act quickly as well. Delaying your response can make it harder to collect the evidence you need. This includes the preservation of digital evidence, interviewing witnesses while the information is still fresh, and meeting all court deadlines.
Final Thoughts
Fraud is a complex area of law and you should never go it alone. Acting quickly and seeking experienced legal guidance gives you the best chance of a favourable outcome. There are several ways of defending against fraud charges but it’s vital to choose the right approach.
That can only be done with consultation with an experienced lawyer. If you need legal help, contact AGP LLP today. We’ll be happy to offer you a free consultation and see how we can fight the fraud charges you’re facing.
