Facing theft or fraud charges in Edmonton can be a daunting experience with potential repercussions that extend beyond legal penalties to impact your personal and professional life.
Understanding the legal definitions, potential consequences, and available defences is crucial for anyone accused of these offences.
If you’re dealing with theft or fraud charges in Edmonton, this guide will explain things more clearly, referencing the relevant sections of the Criminal Code of Canada and offering insights into how a seasoned criminal defence lawyer can assist you.
Understanding Theft Under Canadian Law
Definition Of Theft
Theft is defined under Section 322(1) of the Criminal Code of Canada. It occurs when an individual fraudulently and without colour of right takes or converts anything with the intent to:
- Deprive the owner of it temporarily or absolutely
- Pledge it or deposit it as security
- Part with it under a condition concerning its return
- Deal with it in a manner that it cannot be restored to its original condition
The act of theft is considered complete when the individual moves or begins to move the property with the intent to steal it.
Categories Of Theft
The Criminal Code distinguishes theft offences based on the value of the property involved:
- Theft Under $5,000: This is a hybrid offence, meaning the Crown can proceed either summarily or by indictment. Penalties can include fines, probation, or imprisonment for up to two years.
- Theft Over $5,000: This is an indictable offence with a maximum penalty of 10 years imprisonment.
Source: Section 334 Criminal Code Canada
Understanding Fraud Under Canadian Law
Definition Of Fraud
Fraud is addressed under Section 380(1) of the Criminal Code. It involves deceit, falsehood, or other fraudulent means to defraud the public or any person of property, money, valuable security, or any service.
Categories Of Fraud
Similar to theft, fraud offences are categorized based on the value involved:
- Fraud Under $5,000: A hybrid offence with potential penalties including fines, probation, or imprisonment for up to two years.
- Fraud Over $5,000: An indictable offence carrying a maximum penalty of 14 years imprisonment.
Notably, if the value of the fraud exceeds $1 million, the court is mandated to impose a minimum sentence of two years’ imprisonment.
Potential Consequences Of Theft And Fraud Convictions
Being convicted of theft or fraud in Edmonton can lead to severe legal and personal consequences:
- Criminal Record: A conviction results in a permanent criminal record, which can affect employment opportunities, travel, and more.
- Restitution Orders: Courts may order the offender to compensate the victim for their losses.
- Fines and Imprisonment: Depending on the offence’s severity, penalties can range from fines to lengthy prison sentences.
- Probation: Offenders may be placed under supervision with specific conditions to follow.
Common Defence Strategies
If you’re facing theft or fraud charges in Edmonton, several defence strategies may be applicable:
- Lack of Intent: Demonstrating that there was no intent to commit the offence.
- Mistake of Fact: Arguing that a genuine misunderstanding led to the alleged offence.
- Duress: Claiming that the offence was committed under threat or coercion.
- Charter Violations: Challenging the admissibility of evidence obtained through violations of your Charter rights.
Each case is unique, and the appropriate defence strategy depends on the specific circumstances.
The Importance Of Legal Representation
Navigating the complexities of theft and fraud charges requires experienced legal counsel. A skilled theft and fraud defence lawyer can:
- Assess the Evidence: Evaluate the prosecution’s case for weaknesses.
- Advise on Legal Options: Guide plea deals, trial prospects, and potential outcomes.
- Represent You in Court: Advocate on your behalf during court proceedings.
- Negotiate with the Crown: Seek reduced charges or alternative sentencing options.
About Daryl Royer Criminal Law
At Daryl Royer Criminal Law, we specialize exclusively in criminal defence, representing individuals accused of various offences, including theft and fraud.
With extensive experience in Edmonton’s legal landscape, we are committed to providing personalized and effective legal representation.
If you’re facing theft or fraud charges in Edmonton, don’t navigate the legal system alone. Contact Daryl Royer Criminal Law today for a confidential consultation.