Identity theft in Canada can come with significant consequences. While the crime is serious in itself, it can also be linked to other crimes for even harsher penalties. Knowing what these penalties are is what we’re going to look at today.
In the last few decades, the rise of digital transactions has made it easier than ever for someone to commit identity theft. Here we’ll not only look at the penalties for this crime but also the factors influencing sentencing and how to defend against an identity theft charge.
What Is Identity Theft Under Canadian Law?
Identity theft is the act of obtaining or possessing another person’s identity with the intent to commit an indictable offence. That offence is commonly fraud but can include other crimes, such as forgery.
It’s important to note that you don’t need to have committed fraud to be guilty of identity theft. All that’s needed is the intent. If fraud is committed, the charge will then be elevated to identify fraud, which we’ll also look at here.
Related Article: https://www.agpllp.ca/can-you-be-charged-with-identity-theft-without-intending-to-commit-fraud/
Sentence Penalties for Identity Theft
The custodial penalty for identity theft will depend on whether or not it is deemed a summary or indictable offence. This will be based on the severity of the crime including factors such as the financial harm caused and any prior convictions.
If prosecuted as a summary offence, the maximum sentence is two years in prison (less a day) and/or a $5,000 fine. If treated as an indictable offence, that maximum sentence is extended up to five years. However, no prison time may be served for lesser offences.
Identity fraud has a higher threshold of fraudulently impersonating another person rather than simply just stealing their identity. Here summary convictions have the same maximum punishment as identity theft, but indictable offences have a maximum of 10 years imprisonment.
Other Penalties for Identity Theft
Along with prison sentences, a judge will have a whole range of penalty options available to them. These can be instead of, or in addition to, a jail term. A common penalty is a restitution order. This is where the offender must repay a victim for their financial losses. Alternatively, a judge may decide that a fine is more appropriate.
Other penalties are available too such as a suspended sentence, probation, and a conditional sentence. The severity of the punishment is not only linked to the severity of the crime but also other aggravating and mitigating factors.
Aggravating Factors in Sentencing
As we mentioned, the sentence given for identity theft will be influenced by any aggravating factors, such as:
The Scope of the Crime – The monetary value of the crime will be considered as well as cases involving multiple victims, ones that caused significant harm, and cases where it was a part of a criminal network.
Vulnerability of Victims – The targeting of vulnerable victims will be treated more harshly. Taking advantage of those you care for, seniors, or those with disabilities will be an aggravating factor.
Repeat Offences – If you have a prior conviction for the same or similar crimes, the judge will view the offender as a higher risk and deserving of greater punishment.
Impact on the Victim – If the victim suffered from emotional, mental or reputational harm from the identity theft, this will be considered alongside the financial aspect.
Sophistication – Greater sophistication and planning show a greater level of premeditation and are seen as worse than committing a crime in the heat of the moment.
Defences Against Identity Theft Charges
If you’re accused of identity theft, there are several defences available to you. Here are the most common:
Lack of Intent – There has to be intent to have someone’s identity information, rather than accidentally obtaining it.
Mistaken Identity – The defence can argue the accused was wrongly identified as the perpetrator.
Unlawful Search and Seizure – The evidence obtained must have been in accordance with their Charter rights.
Absence of Possession – It’s the responsibility of the prosecution to prove the accused knowingly used or possessed the stolen identity information.
The Role of an Experienced Lawyer
If you’re facing an accusation of identity theft, it’s vital to choose an experienced lawyer who knows the intricacies surrounding identity theft cases. These cases can be complex and choosing the right legal strategy can be vital to the outcome.
A skilled lawyer can argue for reduced charges, alternative sentencing, or even dismissal of the case. Given how severe the consequences can be of identity theft, an experienced lawyer will drastically improve your chances of a favourable outcome.
Final Thoughts
The penalty for identity theft can vary on a wide range of factors. If found guilty, many can avoid a prison sentence if there are mitigating circumstances. However, in the most severe cases, a five-year sentence can be applied. This also doesn’t take into account other charges which may be applied.
Due to this, it’s important to get experienced legal representation who will find the best way to fight the case. If you need an identity theft lawyer, contact AGP LLP today and we’ll be happy to talk you through the next steps.
