Fraud in Australia and Sydney is dealt with under the Crimes Act 1900 (NSW). In general, it is an umbrella term for crimes involving the use of any form of deception to receive financial or personal gain.
Fraud charges are usually considered particularly serious in Sydney, depending on the severity of the fraud and how long it continued. However, with an experienced Sydney criminal lawyer by your side, you will get a chance to fight the fraud offenses charged against you and win the case as well.
What Is Fraud?
A fraud offense typically involves obtaining property from a third party through deception without the person being aware of the activities taking place.
But, you must note that the fraud has only occurred if the act was performed either recklessly or intentionally. The highest penalty for committing a fraud offense in Sydney is ten years imprisonment.
Some examples of fraud include setting up false credit cards, creating false receipts to claim refunds and reimbursements, embezzlement, blackmail, and more. In addition to this, a broad category of crimes under forgery and identity fraud makes up a vast list of fraud offenses in Sydney.
So, in what ways can a Sydney crime attorney help you defend your fraud charges?
Help You Plead Not Guilty
To be convicted of a fraud offense, the police officials are expected to prove beyond a reasonable doubt that you used deception to obtain a property belonging to another person or obtained any financial advantage or caused economic disadvantage.
Even if these elements are proven, a Sydney crime attorney can still help verify you are not guilty using any of the following defences:
- Self-defence
- Duress
- Necessity
Prove Insufficient Evidence
Sometimes your attorney may not recommend a defence path entirely based on your innocence; instead, they will focus on the prosecutor’s case. To convict you of charges, the prosecutor must provide sufficient evidence that your actions meet all the elements of the fraud.
By chance, if there is a lack of evidence in the prosecutor’s case, your attorney will use it to your advantage. With a lack of proof, there are high chances of your case getting dismissed.
Lack Of Intent
For you to have committed fraud, you must have a clear intent to do so. Also, there must be enough evidence to prove that you wilfully deceived a business or a person to obtain services, property, or money.
If you got mixed up in some feuds that you did not mean to do without any intention to trick someone, then your Sydney crime lawyer can make this a part of the defence and get your case dismissed quickly. It is because, without proof of intent, there is no real evidence to convict you.
Fraud offenses are treated critically by the courts in NSW, and representation by an experienced fraud lawyer is suggested.
In any case, if you or your close ones have been accused of fraud-related offenses in Sydney, the only way to get your case dismissed and beat the charges is by working with a local criminal attorney in Sydney. So, set an appointment with an experienced lawyer before it gets too late.