Fraud is a serious crime that must be defended if charged wrongly. The penalties for a fraud charge, particularly in Canada, can be severe, making it difficult to defend yourself. Mistakes and misunderstandings can result in fraud charges. Therefore, it is essential to understand how to defend against such accusations and how to avoid severe punishments.
For fraud charges, each case is unique, and the defence will vary depending on the circumstances. As a result, hiring an experienced criminal defence lawyer can assist you in overcoming these obstacles and strengthening your case. This blog post discusses how to defend against fraud charges.
Mistake Of Identity
A person can place several charges as a result of having their money, possessions, or identity stolen. However, it doesn’t necessarily follow that the victim had direct contact with the accused or perpetrator. In fact, online fraud is becoming more prevalent as e-commerce, social media, and banking grow in popularity.
Therefore, a hasty investigation frequently produces false results. Your fraud lawyer may consider the accusations against you to be a mistake of identity and work to prove that you have an alibi if it relates to a crime that has nothing to do with you.
Not Having Fraudulent Intent
You can also claim that you were not aware that your actions were dishonest or fraudulent to refute a fraud charge. You can also argue that you were not aware of the movement that could result in fraud and are, therefore, not guilty of this specific offence. However, this defence mechanism might only sometimes be effective, particularly if you were careless or purposely ignorant of a particular fact.
In such cases, a professional fraud lawyer can help you overcome certain situations. Many fraudulent acquisitions occur as a result of misunderstandings. The accuser might believe that you were attempting to exploit them or their company. But in reality, you simply lacked crucial knowledge at the time and were unaware of the laws governing fraud.
In such cases, your fraud lawyer can assist you in resolving the matter and pursuing the possibility of the charges being dropped. Furthermore, you must have had the intention to commit fraud to have done so. You must have intentionally or willfully cheated someone or a business for that accusation to stand.
Consent Of The Victim
If the alleged victim gave their consent, you could not be charged with a crime related to fraud. Regardless of who or what permitted you to do what you are accused of, this can be a powerful defence against the accusations made against you.
Even though your actions may have been ill-advised, a victim does not have absolute control over you and cannot accuse you of any fraud-related crimes as they share equal responsibility for those crimes.
Also Read: Misconceptions And Myths About Canada’s Criminal Justice System
What Does The Crown Have To Prove To Get A Fraud Conviction?
The prosecution must meet two requirements in order to secure a fraud conviction:
The Defendant Intentionally Engaged In Fraud
In a fraud charge, the intent is a critical element. The prosecution must prove that you intentionally misled someone for personal gain rather than claiming that you were mistaken or intentionally misled or that your actions were never intended to be beneficial to you.
The Victim Suffered Loss As A Result Of The Defendant’s Actions
Fraud is a crime that requires a victim to have lost something. A conviction depends on whether the crime was actually committed as opposed to just planned, similar to theft. It’s possible that a prohibited act was stopped before it resulted in the loss of money or property or that something other than the defendant’s actions were to blame for the victim’s losses.
About Daryl Royer
Mr. Royer is an Edmonton-based criminal defence lawyer who has handled cases in British Columbia, the Northwest Territories, Alberta, Saskatchewan, and Ontario. He has successfully represented individuals accused of murder, impaired driving, trafficking, assault, attempted murder, fraud, and theft. He has five Supreme Court appearances under his belt and a wealth of experience handling cases in different provinces. Learn more about Daryl Royer and his criminal defence services.
Need an experienced and trustworthy criminal defence lawyer? Contact Daryl now.