Fraud and Theft
Fraud is the action of deceiving someone in order to unlawfully gain something. You can either be charged with fraud under $5,000.00 or fraud over $5,000.00. A conviction of fraud usually results in restitution, fines and jail time. If the amount is over $5,000.00 you could be facing up to 14 years in jail. If you are convicted of fraud under $5,000.00, then you could be sentenced to a maximum of 2 years in jail.
Fraud charges are taken very seriously. The most common types of fraud offences involve online banking and commerce schemes as well as identity and credit card fraud. Fraud charges are usually quite complicated, especially when they involve financial transactions.
Theft is a property offence; it is the action of taking something that does not belong to you without consent. Shoplifting is one of the most popular types of theft. Those charged with theft often have no prior involvement with the criminal justice system. There are many effects of a theft charge that people do not often think about. For example, you may be banned from certain premises if you have been charged with stealing something from there.
There are two categories of theft: theft under $5,000.00 and theft over $5,000.00. A conviction for theft under $5,000.00 is less serious than a conviction for theft over and carries a maximum sentence of up to two years in jail. If convicted of theft over $5,000.00. you could be facing up to 10 years in jail.
Possession of Stolen Property
It’s a criminal offence to possess property that was stolen or otherwise obtained by crime. Stolen property does not just include actual stolen items, but also indirect benefits gained from the stolen items.
In order to be convicted of possession of stolen property, the Crown must prove that you were in possession of property; that the property you possessed was obtained through crime; that you knew that you were in possession of the property, and that you knew the property was obtained by crime.
The punishment you could face if you are convicted of possession of stolen property will depend on several factors including whether you have been convicted of possession of stolen property over $5,000.00 or possession of stolen property under $5,000.00. If you are convicted of possession of stolen property over $5,000.00 you will be found guilty of an indictable offence and be facing a maximum penalty of up to 10 years in jail. If you are found guilty of possession of stolen property under $5,000.00, you will face a maximum sentence of either 2 years or 6 months in jail depending on whether the crown is proceeding by indictment or by summary election.
The criminal defence lawyers at LZZ have extensive experience successfully defending against all types of fraud and theft related allegations. If you or someone you know has been charged with fraud or theft you should contact a criminal lawyer immediately to help determine the best defence. Call us at (416) 613-0416 or (416) 595-9500 or contact us online for a free consultation.