Identity Theft
What is Identity Theft
Definition: Section 403 of the Criminal Code of Canada defines various ‘identity fraud’ and ‘identity theft’ related offences. These focus on fraudulently obtaining or using someone else’s personal identification information to commit further crimes.
Important Points:
- Identity theft encompasses a wide range of actions, from using a stolen credit card to opening new accounts in someone else’s name.
- The goal of identity theft is usually to obtain something else (money, goods, etc.) using the victim’s identity.
- The increase in online activity means identity theft is becoming more common.
Common Evidence
- Witness statements about your actions (rare, unless the victim was directly involved in a transaction).
- Financial documents or applications in the victim’s name, with your details attached.
- Communications (emails, texts, phone records) supporting fraudulent use of the identity.
- Police reports or statements from investigating officers, including analysis of digital communications or seized devices.
Penalties for Identity Theft
Identity theft is a hybrid offence, with the potential for serious consequences. The Crown decides how to proceed:
Summary Conviction: Less serious cases.
- Maximum Penalty: Up to 24 months in prison and/or a $5,000 fine.
Indictment: More serious cases, often involving substantial financial losses.
- Maximum Penalty: Up to 10 years in prison, but sentences can be even longer for multiple victims or complex schemes.
How We Can Help
Securing Your Release: An arrest for identity theft can sometimes lead to a court appearance date without being detained. If you are held for a bail hearing, we’ll fight for your release on the best possible conditions.
Fighting the Charges: Every identity theft case is unique. We’ll look closely at the facts of your situation to build a strong defence:
- You didn’t use false information, or you had permission to use it.
- Lack of intent to defraud, or the financial harm to the victim was minor.
- There’s confusion or mistaken identity regarding the true perpetrator.
- The evidence against you is weak or unreliable, and/or your rights were violated in its collection.
Frequently Asked Questions
Is it enough to have someone's credit card number?
Not necessarily. The Crown needs to prove you intended to use it fraudulently.
Can I be charged if it was the first time I did something like this?
Yes, but it’s a factor the Crown considers when assessing severity.
What's the difference between identity theft, identity fraud, and possession of identity documents?
Each has specific definitions within the Criminal Code, focused on different actions.
Let's Talk About Your Case
Identity theft charges can have a lasting impact on your reputation, future employment, and ability to travel or obtain credit. Do not risk your future. Contact us for a free case review to discuss your situation and potential defences.
Other Property Offences
Successful Cases
View Our
Successful Cases
We have helped hundreds of people get their charges dropped or reduced. We know the system, fight hard for your rights, and get the best outcome for your future.
Client Reviews
Ishan Sharma is extremely professional and was very helpful on this personally difficult journey. I highly recommend LawStop l Lawyers & Notaries for their outstanding services. Their team is exceptionally knowledgeable, responsive, and professional. Ishan guided me through every step, ensuring a smooth process and achieving a positive outcome for my case. I'm grateful for his expertise and commitment to excellence
Thanku so much Ishan for helping me out. The process was extremely smooth and efficient. He is not at all greedy or try to threaten you like other adv do, instead he guides the right and easiest way to solve the case. The only issue was late replies but that’s okay things take time. All in all, really trustworthy and helpful. Thanks
The process was exceptionally smooth, efficient and upmost proffesional. Legal advise was direct and precise, intelligents, intelligensts again, I would advice Ishan to anyone for legal matters. Ishan is exceptionaly detailed. Truly outstanding work, I would recommend Ishan Sharma to anyone that is in search of legal advice.
I learned about lawstop from my online search.I dealt with Ishan Sharma for my charges. He helped me with getting my charges dropping. He was very helpful and friendly throughout the process. His Fees was also very competitive. Highly recommended 10/10. Thankyou Ishan I really appreciate it 🙏🏻.
Hiring Ishan to represent me was the best decision ever. Being a thorough professional, he guided me through the most challenging times of my life. Seeing how anxious I was, he guided me with great patience and was above all, very considerate. I would highly, without a doubt, recommend him & his team to anyone that’s looking for honest, reliable yet diligent professionals.
Ishan listens to you patiently, engages himself in your situation and gives a professional advice. He is very much calm, responsive and great to work with.
I strongly recommend LAW STOP for all legal matters. Specially ISHAN SHARMA, who is very knowledgeable and dedicated to his profession. He handled my legal matter in a very professional manner and advised me very well. He is very humble and kind person who took extra care and make me feel very comfortable. His patience and hard work is really admirable. Special thanks to Ishan for his timely answer to my phone calls and messages. Great recommendations for LAW STOP and the lawyer - ISHAN SHARMA
Ishan is great. He helped me in the case which seemed impossible to me to be resolved but he did it.Most importantly the fees he charged was also affordable. Thanks for being so trustworthy and giving your best.
Mr. Ishan is an exceptional lawyer and very knowledgeable. Always responds in a timely manner. I had 2 very bad lawyers that only dragged my case. Mr. Ishan was able to stand for me and help reslove the matter strategically. I would recommend him every single time. Dal
Ishan sharma treated me very well. His way of handling clients is outstanding. thanku
Hello i have great experience with ishan sir. I needed some assistance to clear my charges he done it very well in just week
The process was very easy. From scheduling our first appointment and meeting our legal representative (Ishan) to the end. He was confident and knowledgeable on what maybe needed and gave a realistic view of possible outcomes.
It was so smooth at first I thought he wasn't appearing in court. :-)....for the record he did and kept us informed along the way. I would recommend his services 100%.
Ishan Sharma lawyer did an excellent job defending me in the court. I am so grateful for his helpHaving a Punjabi criminal lawyer was very important for me because of the nature of my case. Ishan could understand and speak Punjabi fluently it made everything so much easier.
My first time experience with LawStop | Lawyers & Notaries is very good . They provide very fast and calm service . They treated very well and also help me in every step I’m very satisfied from their service I recommend to all of you to please visit there .
I went to Ishan at law stop with a mind full of worries and concerns, after Ishan advised me with my options and possible strategies I was more at peace and understood clearly what was ahead of me, after our consultation I felt a load off my shoulders.
Ishan Sharma took up my issue and delivered amazing results. With his experience and dedication to his field of work Ishan got me exactly what I was looking for and took on the entire court process for me. Law Stop displayed great professionalism and had an answer to any of my questions and concerns. Highly recommend their services. Thank you Ishan!
Mr. Ishan is a very honest and knowledgeable lawyer. very prompt and reasonable service. he was always there for me. On very short notice he was ready to help me. He helped me a lot and I am very thankful to Ishan. I highly recommend Ishan Sharma's services.
I had I very good experience with lawstop lawyers & Notaries Ishan Sharma is one of the best lawyers you could have on your team. He’s is very personal also fair with he’s clients and understand. I recommend any one with legal problems to give lawstops a call!!!
The best criminal lawyer around .My friend had hired Ishan for her court case. He worked hard and always replied on time. Best of all , he made the problem go away. Thanks to ISHAN . Bless him.