Identity Fraud and Identity Theft both involve the illegal use of another person’s personal information. While these crimes are distinct, they are often interconnected and come with serious legal consequences.

Identity Theft: Legal Definition

Per Section 402.2 (1) of the Criminal Code, every person commits an offence who obtains or possesses another person’s identity information with intent to use it to commit an indictable offence that includes fraud, deceit,or falsehood as an element of the offence.

Types of Identity Information

  • Biometric data: fingerprint, voice print, retina or iris image, DNA profile
  • Personal details: name, address, date of birth
  • Signatures: written or electronic
  • Digital credentials: digital signature, username, credit card number
  • Official identifiers: Social Insurance Number, health insurance number, driver’s licence number

Are you facing Identity Theft or Identity Fraud charges? Contact us at (855) 585-1777 for a free consultation with a criminal defence lawyer.

Identity Fraud: Legal Definition 

Per Section 403 (1) of the Criminal Code, everyone commits an offence who fraudulently personates another person, living or dead,

(a) with intent to gain advantage for themselves or another person;

(b) with intent to obtain any property or an interest in any property;

(c) with intent to cause disadvantage to the person being personated or another person; or

(d) with intent to avoid arrest or prosecution or to obstruct, pervert or defeat the course of justice.

Important Aspects of Identity Fraud

  • Impersonating someone to gain financial or property benefits;
  • Using another person’s identity to avoid legal repercussions or to hinder justice;
  • The impersonated individual must be a real person, not a fictional character

Penalties and Consequences

Penalties for Identity Theft 

Identity theft is considered a hybrid offence, allowing the Crown to choose whether to prosecute as a summary conviction or an indictable offence.

  • Summary Conviction: Up to 2 years less a day in jail and/or a $5,000 fine.
  • Indictable Offence: Maximum of 5 years imprisonment.

Penalties for Identity Fraud 

Like Identity Theft, Identity Fraud is a hybrid offence, and the Crown can choose to proceed summarily or by indictment.

  • Summary Conviction: Up to 2 years less a day in jail and/or a $5,000 fine.
  • Indictable Offence: Maximum of 10 years imprisonment.

Aggravating Factors

  • Multiple victims
  • Victims who are particularly vulnerable
  • Breach of trust involved
  • High level of sophistication and planning
  • Use of stolen identity to facilitate other crimes

Call (855) 585-1777 If you are facing charges related to Identity Theft or Identity Fraud for a free consultation with an experienced criminal lawyer.

Dispositions Available

The dispositions available for Identity Theft and Identity Fraud are the same. The options for summary convictions are identical to those for indictable offences in both cases. 

Summary and Indictable Dispositions

  • Discharge
  • Suspended Sentence
  • Fine
  • Fine + Probation
  • Jail
  • Jail + Probation
  • Jail + Fine
  • Conditional Sentence

Defences Against Identity Theft and Identity Fraud Charges 

To convict someone of Identity Theft, the prosecution must prove beyond a reasonable doubt that the accused deliberately possessed another person’s identity information with the intent to use it to commit an offence involving fraud, deceit, or falsehood.

For Identity Fraud, the prosecution must establish that the accused knowingly impersonated another person, living or deceased, with the intent to gain an advantage, obtain property, cause harm, or avoid legal consequences, fully aware of the illegal nature of their actions.

Defending against these charges requires a deep understanding of the law and a meticulous review of the evidence. Potential defences may include:

  • Lack of Intent: Showing that there was no intent to use the identity information for fraudulent purposes
  • Mistaken Identity: Arguing that the accused was not the person who committed the crime
  • Consent: Proving that the accused had permission to use the identity information

Given the complexity and severe penalties associated with these cases, it is critical to seek the help of an experienced criminal defence lawyer. A skilled lawyer can evaluate your case, build a strong defence, and ensure your rights are upheld throughout the legal process.

Don’t Face Your Identity Theft or Identity Fraud Charge Alone

An experienced criminal defence lawyer is vital when dealing with an Identity Theft or Identity Fraud charge. They can guide you through the legal maze, safeguard your rights, and devise a robust defence strategy specific to your case.

Get a Free Legal Consultation With a Criminal Lawyer

Do not hesitate to contact us if you have been charged with Identity Theft or Identity Fraud. Call (855) 585-1777 and a skilled criminal defence lawyer will review your case with you and consider your alternatives.

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