Criminal Law: Understanding Fraud
If you are facing or about to be charged with fraud or theft. You need to reach out to a lawyer as soon as possible. You will need lawyers who have experience in the field of criminal law so that they can help you to fight these charges. Alberta Legal will be there by your side fighting for your freedom and working to ensure that these changes don’t ruin your life and reputation. Here is all that you need to know about fraud cases.
What is a fraud case?
A fraud charge broadly covers acts that can be described as unlawful and deceitful taking of someone else’s money, property or valuables. Fraud also includes credit card fraud. This means using someone else’s credit card without their knowledge. Falsifying insurance records is also considered to be a fraud.
What is the difference between fraud and theft?
Theft is usually understood as someone taking something which doesn’t belong to them. However, fraud is a little different. When you are charged with fraud, it means that theft is included in the charges as an element of misrepresentation. There are many types of fraud including identity theft, forgery, embezzlement and perjury.
How severe is the crime?
A fraud case is usually categorized into two based on the amount of fraud being over or under $5,000. The severity of the fraud case is dependent on the amount involved and the complexity of the case. A credit card fraud under $5,000 is usually prosecuted towards the lower end. On the other hand, defrauding through embezzlement and an elaborate pyramid scheme with many victims is prosecuted more strictly and can also result in seeking jail time. In such cases, the options of conditional sentences are removed. Whereas, conditional statements like serving time under house arrest are a viable option when the crime is of lesser than $5,000. For theft which is above $5,000, you can face a maximum penalty of 10 years in jail and for fraud, the maximum penalty is of 14 years.
How is the case investigation carried out?
When it comes to investigation there is no one shoe fits all approach. The investigation is unique per the case, potential, alleged victims and the details of the case. For someone to be found guilty of fraud, various factors need to be proven by the Prosecutor. They need to prove that a dishonest act was committed and that the accused was aware that the act could lead to economic deprivation for another person or was willfully blind to it. It needs to be proven that the accused was aware of the fraudulent act, Also, that a financial loss was suffered by the alleged victim.
How can a lawyer help you?
A criminal conviction can have a devastating impact on the alleged victim’s life. Hence, it is imperative to have a strong legal team that will work to protect you. They will fight the criminal allegations to keep your criminal record clean. Having the right lawyer can make a significant difference in your criminal record.