In Canadian law, identity theft and credit card fraud are two separate crimes. However, the two can be interlinked as to commit credit card fraud, you would usually need to steal someone’s identity. Many are unclear on how the legal system deals with this situation.
Here we’ll delve into the nature of these crimes and see how identity theft and credit card fraud overlap. This includes if they will be tried together, how it affects sentencing, and possible legal defences.
Understanding Identity Theft and Credit Card Fraud
Identity theft is the unauthorized acquisition, possession, or use of someone else’s personal information, such as a credit card. The crucial aspect of this crime is there must be intent to commit a crime.
On the other hand, credit card fraud is the unauthorized use of a credit card or its information. This includes obtaining any goods, services, or funds. The punishment for these crimes is usually significant, including fines and potential imprisonment.
These are two separate crimes, and you can commit one without the other. For example, you could find a lost credit card and decide to commit credit card fraud with it. Alternatively, you can commit identity theft with the intention of using that identity to create false documents.
However, they are closely linked and it’s common for someone to commit both crimes to facilitate the same goal. This overlap creates several legal questions about how the charges are bought and their implications.
Can Identity Theft and Credit Card Fraud Be Tried Together?
It is likely these two crimes will be tried together, especially if there is evidence to show a link between the two. If the offences are a part of the same transaction, the Crown may argue the two crimes are inseparable.
Evidence in these cases will usually overlap and trying them together will provide a full picture of the accused’s alleged actions. The judge will ultimately determine whether or not to allow or deny the consolidation of charges.
This can present challenges for the defence. For instance, strong evidence for one crime can support the argument for the other. A skilled legal defence will ensure the admissibility of evidence is challenged, ensure procedures are followed, and potentially question the link between the alleged offences.
Related Article: https://www.agpllp.ca/what-type-of-lawyer-handles-identity-theft/
How the Intersection Affects Sentencing
When identity theft and credit card fraud are tied together, sentencing becomes more nuanced with the judge having discretion for a wide range of sentencing options. Let’s look at the key factors that will be considered.
Scale of the Crime – The crime may have been an impulsive act of desperation. Alternatively, they could have been a part of an elaborate scheme with multiple victims. The scope of the crime will have the biggest impact on sentencing.
Harm to Victims – Impact on the victim will also be considered. This includes their financial stability and emotional well-being. When tied together, these two crimes are generally committed on the same person, worsening the impact.
Premeditation and Intent – Intent is required for these crimes, but premeditation and careful planning can showcase a higher level of intent. It shows that the accused carefully considered the details and outcome of the crime.
Previous Criminal Record – Harsher sentences will always be given for repeat offenders, especially if it’s for a similar offence. First-time offenders who have a lower crime scale usually avoid jail time and have more lenient sentences.
Combination of Charges – The combined charges can lead to cumulative sentences, where jail time for one crime is served, before serving additional time for the other. However, the judge will ensure the sentence is proportional and fair to reflect the overall criminal conduct.
Typical Sentences for Combined Charges
For a small-scale crime for a first offender, probation or a conditional sentence, with some work by your lawyer, is likely. Along with this, there will probably be a fine and/or restitution order. A jail term is still possible but will usually be under a year. But the right lawyer may even be able keep these charges off your criminal record.
For moderate-level crimes, especially with multiple victims, prison sentences in the 1 to 3-year range are most likely. For large-scale crimes that show systematic fraud, prison sentences of 4 to 10 years can be given, with higher sentences for organized operations and large financial losses.
Legal Defenses for Combined Charges
Legal defences for identity theft and credit card fraud require a tailored approach but there are some common strategies. The most obvious starting point is challenging the validity and admissibility of the evidence.
Along with this, proving intent is essential for a conviction and it can sometimes be hard for the prosecution to prove. An experienced white-collar crime lawyer will argue the accused didn’t knowingly participate in the alleged crime or was coerced into participating.
Mistaken identity can also be a defence, such as if someone used the accused’s information to commit the crimes. A skilled lawyer can use these defences to identify weaknesses in the prosecution’s case and create reasonable doubt.
Related Article: https://www.agpllp.ca/defending-against-fraud-charges-key-strategies-for-success/
Final Thoughts
Identity theft and credit card theft are two separate crimes but are often intertwined with each other. When there is an intersection, they will often be tried together, which can present both challenges and opportunities to a defence lawyer.
Your lawyer will be able to navigate the complexities of these crimes and work towards a favourable outcome for the accused. If you’re in need of an experienced lawyer, contact AGP LLP today and we’ll be happy to offer you a consultation.
