Theft & Fraud Defence Lawyer Toronto
The Difference Between Theft and Fraud
Theft and fraud are two similar but distinct Criminal offences. Whereas theft means depriving someone else of their property without their consent, fraud means depriving someone else of their property by deceiving them. In other words, fraud is theft by deception.
Both theft and fraud are divided into 2 categories, theft or fraud exceeding $5,000 or not exceeding $5,000. The theft or fraud does not have to be of more than $5,000 of money to exceed $5,000, rather it can be of something that is valued at over $5,000. This distinction is important because theft or fraud exceeding $5,000 is a straight indictable offence, and is taken much more seriously by Crown prosecutors and the Courts. The maximum sentence for theft or fraud over $5,000 is 10 years in prison for theft and 14 years for fraud! A Conditional Sentence Order (house arrest) is prohibited for theft and fraud over $5,000. A Discharge is prohibited for fraud over $5,000 but not theft over $5,000.
Another factor that can increase the seriousness of theft or fraud is whether there was a level of trust between you and the person who you stole from or defrauded. This is called a “trust theft”. The most common type of trust theft is theft from an employer. It can also include theft from a member of your family, from government agencies (for example if you fraudulently completed a welfare application) or from your insurance company.
Theft and fraud offences can range from extremely serious offences where many millions of dollars are stolen or defrauded, to simple shoplifting. For less-serious shoplifting offences, it may be possible to qualify for “Diversion” or the “Alternative Measures Program”. This involves you taking responsibility for the offence, doing some counselling and/or community service, and ultimately having your charges withdrawn. Certain theft offences have a specific section in the Criminal Code if a specific item is stolen, such as a car.
Theft is distinct from Possession of Stolen Property. Having a stolen object in your possession and knowing it was stolen is an offence. It does not matter if you were the one who stole it.
The Defence
If you suspect you will be charged with theft or fraud, have been contacted by the police, or have been charged with theft or fraud, it is important to reach out to one of our Criminal Defence Lawyers. In certain situations, you may be able to negotiate a resolution with the other party who believes you stole from or defrauded them before the case is reported to the police. For this reason, if you suspect the police may become involved in an incident, it is important that you contact a lawyer as soon as possible.
If you have already been charged, we will obtain copies of the evidence against you and give you our opinion of your case. In less serious cases, you may be eligible for Diversion. One of our skilled Criminal Defence lawyers can give you an opinion on whether your case can qualify for Diversion.
Depending on what evidence the police and Crown prosecutor have, it may be in your best interest to go to trial. Fraud cases can be one of the more complex types of cases in the criminal justice system, and as such it may be difficult for the Crown to prove you are guilty beyond a reasonable doubt. For example, if you are charged with fraud over $5,000, it must be proven that you deprived a person of money or something valued over $5,000, and that you deprived this person of that value by deceit. Contact one of our skilled Criminal Defence lawyers to determine if it is in your best interest to go to trial.