Fraud is a criminal offence that can lead to jail time of up to 2 years. It is also a conviction that will show up on a background check when applying for jobs or other activities like adopting children.
A criminal record can be devastating to your life and a conviction for fraud under $5000 is no exception. Fortunately there are ways to get the charge withdrawn or reduced.
What is Fraud Under $5000?
Fraud is a type of property offence in which deception is used to obtain money or something else of value. A fraud conviction can have a major impact on your life, whether it involves an allegation of fraud under $5000 or one that is much more serious.
It is important to understand that fraud is different from theft in that it typically does not involve force or stealth to gain the goods or services. This is why the criminal code contains separate sections for fraud and theft, with the former being referred to as white collar crime.
Examples of common fraud include inflating travel expenses or falsifying business invoices. Securities fraud, where an individual gives false information to investors in order to dishonestly buy or sell stock is another common form of fraud. A fraud conviction can have a negative impact on your life, particularly when it comes to employment or even when you are trying to do things like adopt children.
What Are the Penalties for Fraud Under $5000?
As a crime of dishonesty, fraud can have long lasting impacts on employment and the psychological self-worth of the convicted individual. Whether the value of the fraud is under or over $5000, criminal charges of this nature carry a serious stigma and should never be taken lightly.
In Canada, the severity of a fraud conviction depends on how the Crown chooses to proceed with the case; either summarily or by indictment. The Crown also takes into account any aggravating circumstances such as premeditation, deception and breach of trust.
A fraud under $5000 charge that is prosecuted as a summary conviction offence carries a maximum sentence of two years in jail. Regardless of how the Crown decides to proceed with the case, a record of a fraud under $5000 conviction will appear on a person’s criminal record which can impact employment opportunities and travel to the USA as it is considered a “crime of moral turpitude” under the American “moral turpitude” convention.
How Can I Defense My Fraud Under $5000 Case?
When it comes to fraud charges, the law classifies the different types of offences according to their value. For example, if someone was charged with embezzlement of a cheque for less than $5000 this is considered a lower level offence as it does not have as serious a penalty if convicted compared to other types of fraud.
Fraud cases are usually criminal in nature but can sometimes be civil as well, depending on the circumstances. For example, an individual may offer to pay back the value of the money or property that was allegedly defrauded in exchange for the Crown dropping the charges against them.
It is important to have a lawyer to defend a fraud charge, regardless of whether it is a criminal or civil case. A conviction for a fraud-related crime can be devastating and affect many of your personal and professional opportunities. A skilful criminal defence attorney like Maureen Currie can help you level the playing field against the Crown.
Why Should I Hire a Lawyer for My Fraud Under $5000 Case?
Many people charged with fraud under $5000 are first time offenders. Need Fraud Under $5000 Defense They often experience a bit of a “high” from shoplifting or feel anger towards the store they have committed the crime at and seek revenge.
It is important to hire a lawyer for your case immediately. A criminal record can impact so many different things in your life and career, from being able to get employment to a credit card or mortgage. It can even make it difficult to find a bank that will cash your cheques.
Also, if you are convicted for this offence your name will be publicly available in the police information centre and can be searched by anyone who wishes to do so. This can be embarrassing and may have an impact on your personal life too. For example, some landlords conduct background checks and a conviction for this type of offence could prevent you from renting. This is especially true in smaller cities/towns.
