If you’ve been charged with intention to defraud by false or misleading statement, we are here to help.
Can I avoid a criminal record for Intention to Defraud by False or Misleading Statement?
A court will likely convict you for this offence.
However, it’s possible to avoid a criminal conviction. The likelihood of this outcome depends on the circumstances of the offence, the seriousness and your subjective circumstances.
Will I go to jail for Intention to Defraud?
The maximum penalty is 5 years imprisonment in NSW.
Therefore, it is possible to go to jail. A court will consider a term of imprisonment if the circumstances of the fraud are serious. In addition, a court will look at your criminal record.
However, there are alternatives to imprisonment that a court can consider. For example, a Conditional Release Order, a Community Correction Order or an Intensive Correction Order. You should obtain legal advice to understand the likely sentence for your case.
If I defend the charge, what must be proved?
The prosecution must prove beyond reasonable doubt that you:
- Made or published a statement, and
- The statement was false or misleading, and
- There was an intention to:
- Obtain property that belonged to another person, or
- Obtain a financial advantage, or
- Cause a financial disadvantage
Therefore, you will be found not guilty if the prosecution is unable to prove these elements.
We can help
Our lawyers are highly experienced in fraud related matters.
We can help you:
- Defend the charge
- Negotiate with police to withdraw the charge or amend the police facts
- Or if pleading guilty, we can help you to prepare a strong subjective case in order to seek leniency from the court.
Contact us today on 0421 700 497 for a free initial consultation.
