What a Fraud Charge Means
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What is fraud?
A fraud charge means you are presumed to have breached part 44A of the Crimes Act 1900 (NSW).
Fraud involves using deception to obtain property belonging to another, obtain financial advantage, or cause economic disadvantage to another.
Deception is defined in the Act under s192B as words or other conduct, as to fact or as to law, including—
- Deception as to the intentions of the person using the deception or any other person, or
- Conduct by a person that causes a computer, a machine or any electronic device to make a response that the person is not authorised to cause it to make.
What constitutes as fraud?
Our specialist criminal lawyers at the Australian Legal Practice are experienced with all kinds of fraud offences including, but not limited to the offences listed in the Act:
- Destroying or concealing accounting records
- Making false or misleading statements
- Intending to deceive members or creditors
What are the defences for a fraud charge?
On a case-by-case basis, our solicitors at the Australia Legal Practice may be able to defend your fraud charge if:
For example,
- Duress – The threats of another party forced you to act in a certain way, equating to duress.
- Your actions were not dishonest.
- Your conduct did not result in another’s deception.
- Your conduct did not provide you with a financial benefit or disadvantage another.
Options when charged with a fraud offence
Subject to your circumstances, you may choose either to:
- Plead guilty – Admit to committing the offence and breaking the law
- Plead not guilty – Deny committing the offence and breaking the law
If you decide to plead not guilty, our experienced criminal lawyers will vehemently protect your rights so that you get the best possible defence.
The best way to get off a fraud charge is to contact our experienced criminal lawyers. Our solicitors at the Australian Legal Practice have extensive experience and specialise in fraud offences. We provide tailored advice and are armed with the right knowledge to fight your case.
If your matter is urgent, call (02) 8084 9929 today to arrange a free initial consultation.
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