Have you been charged with Obtaining Financial Advantage by Deception?
The Courts consider this to be a serious charge which is reflected in the maximum penalty of 10 years imprisonment. Seek advice from an experienced criminal lawyer as soon as you can.
If you believe that your conduct was not deceptive, you cannot be found guilty of this charge. Additionally, the degree of financial advantage obtained will determine which Court your case will be heard in.
These are some of the issues you will need to consider with the help of an expert in criminal law before proceeding further and entering your plea.
Please read below for more information in relation to this charge.
The Offence
Section 82 of the Crimes Act 1958.
The prosecution must prove:
The defendant engaged in a deception;
He or she did so dishonestly; and
As a result of the deception the defendant obtained financial advantage for themselves or another person.
The maximum penalty
Level 5 imprisonment being a maximum of 10 years.
Where will my case be heard?
Obtaining Financial Advantage by Deception cases can be heard in the Magistrates’ Court or County Court of Victoria.
Questions to consider
Do you have a defence?
If you are pleading guilty, what can you do to minimise your sentence?
What to do next?
Arrange a time to consult with a specialist criminal lawyer as soon as possible. Preparation is critical to the success of any matter, so don’t put it off.
If you have been charged with Obtaining Financial Advantage by Deception make an appointment to see one of our experienced lawyers today – GRAPHIC HERE
The legislation
Section 82 of the Crimes Act 1958: Obtaining financial advantage by deception
(1) A person who by any deception dishonestly obtains for himself or another any financial advantage is guilty of an indictable offence and liable to level 5 imprisonment (10 years maximum).
(2) For purposes of this section deception has the same meaning as in section 81.
