Fraud is becoming one of the most prosecuted offences in the criminal courts. It is viewed very seriously in the internet age of phishing scams, online banking, emails, and social media. Australian Criminal Law Group has Sydney’s best fraud lawyers. Our expert criminal lawyers represent people charged with all kinds of fraud. This ranges from first offenders who have defrauded their employer to members of organized crime syndicates conducting sophisticated internet scams.
Fraud cases are often circumstantial, and charges can often be successfully defended. Receiving money from a fraud does not make you guilty unless you know where the money came from.
If you intend to plead guilty to a Fraud charge, depending on the seriousness, we have fraud offences dismissed without convictions without our clients being sentenced to prison. Read more about having no conviction recorded for Fraud.
How do I beat a charge of Fraud?
You will be found not guilty of the offence of Fraud if the police cannot prove beyond reasonable doubt:
- You intentionally or recklessly; and
- By deception, dishonestly (by the standards of ordinary people and known by you to be dishonest according to the standards of ordinary people): and
- Obtained property belonging to another; or
- Obtained any financial advantage or caused any financial disadvantage; and
- You intended to permanently deprive the owner of the property.
Deception” means any deception, by words or other conduct, as to fact or as to law, including:
- A 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.
If you agree that you have committed the offence and the police are able to prove so, it is best to plead guilty. You will normally receive a discount on your sentence, and it will demonstrate remorse and contrition. Our experienced solicitors can negotiate with prosecutors for you to plead guilty to less serious facts, or even a less serious charge.
Fraud carries a maximum penalty of 10 years imprisonment in the District Court or two years imprisonment if the offence is dealt with in the Local Court. These penalties are typically reserved for the worst offenders.
Our solicitors have a proven track record of keeping our clients out of jail. Depending on the seriousness of the allegation, also having no conviction recorded There is no other penalty and you will have no criminal record.
Read about all the sentencing options that a court has, including about not having a conviction recorded.
Do I need references?
We believe references are an extremely important part of a plea of guilty in court. Read more about how to write a good reference.
Why choose Australian Criminal Law Group?
Our criminal lawyers are experts at obtaining the best outcome possible for Fraud. For these offences, a good lawyer can be the difference between a conviction and no criminal record and freedom or jail.
Mr Correy represented two young men charged with defrauding their employer of tens of thousands of dollars by creating fake customer accounts to obtain commissions. Our solicitor submitted that their criminal culpability was lower than most similar cases. Their manager had drawn them into the scheme unwittingly and they continued the criminal behaviour acting under a degree of duress. They feared they would lose their jobs if they ceased. The Magistrate agreed with our lawyers’ submissions and dismissed the charges pursuant to section 10. No conviction was recorded.
Mr Correy represented a man charged with 11 counts of Fraud, two counts of Participating in a criminal group and deriving profit from one, and knowingly dealing with the proceeds of crime. These offences had a maximum penalty of 20 years imprisonment, and Mr Correy had all the offences withdrawn, including a new charge of deal with money reasonably suspected of being proceeds of crime. The deal that Mr Correy got his client was better than all the co-Accused received. At the sentencing, the magistrate did not record a conviction.
Mr Harb represented a woman who defrauded her employer out of $280,000 dollars over a period of 18 months. He negotiated the figure to $210,000. He convinced the court to give his client 15 months home detention.
Australian Criminal Law Group represented a client charged with defrauding a charity of $150,000. He successfully argued that the court had alternatives to imprisonment and the Magistrate did not send her to jail.
Mr Correy represented a young man pleading guilty to tampering with odometers and then reselling cars at inflated values. He defrauded a dozen people for a profit of more than $50,000.00 over 12 months. Fair Trading did not detect his illegal activities until more than six months after he had ceased engaging in the criminal behaviour. Mr Correy argued that due to his voluntary cessation of criminal activity there was a public interest in dealing with him leniently. The Magistrate agreed and he received a good behaviour bond.