One ordinary morning, you wake up, ready to tackle your day. Then, you get a call out of nowhere that flips your world upside down. You’ve been charged with forgery.
You might be thinking, “How could this happen to me?” Maybe you signed something without thinking, or someone accused you of doing something you didn’t even realize was illegal.
Suddenly, fear kicks in. What does this mean for your future? Will you lose your job? Could you go to jail?
These thoughts can be overwhelming and leave you feeling lost. The truth is, forgery charges are serious. They can affect your life in ways you never expected.
The good news? You don’t have to face this alone. With the help of a skilled forgery lawyer, you can protect your rights and start building a strong defence.
This blog will walk you through what forgery means under Canadian law and how the right lawyer can help you through every step of the process.
What Is Forgery Under Canadian Law?
Forgery in Canada is governed by Section 366 of the Criminal Code. According to this law, forgery happens when someone makes a false document with the intent to trick or deceive someone else. It becomes a crime when it’s done on purpose to mislead someone into thinking the document is real.
A false document can include any form of writing that:
- Pretends to be genuine.
- Has been changed, faked, or made to mislead.
- Contains a false signature, seal, or sign of authority.
Examples Of Forgery Offences
Forgery can take many forms. Here are some common examples:
- Faking financial documents like bank statements or loan forms.
- Creating false identification cards or passports.
- Forging legal papers such as contracts, wills, or agreements.
- Signing someone else’s name on official papers.
In many cases, people facing forgery charges didn’t even know that what they were doing was illegal until they got caught up in legal trouble.
Penalties For Forgery In Canada
Being convicted of forgery in Canada can result in severe consequences. According to Section 367 of the Criminal Code, forgery is considered an indictable offence or a summary conviction offence, depending on the severity of the crime.
Potential Legal Consequences
If found guilty of an indictable offence, you could face:
- Up to 10 years in prison for serious forgery offences.
For less severe cases prosecuted by summary conviction, penalties may include:
- Short-term imprisonment.
- Fines.
- Probation.
Beyond legal penalties, a forgery conviction can have long-term social and financial impacts. You may experience difficulty finding employment, securing housing, or obtaining loans due to a tarnished criminal record.
Why You Need A Forgery Lawyer
When facing forgery charges, navigating the complexities of Canadian law without professional assistance can be overwhelming. A skilled forgery lawyer provides expertise, ensuring that your rights are protected throughout the legal process.
Key Roles Of A Forgery Lawyer
- Assessing the Evidence: A lawyer will thoroughly review all evidence presented by the prosecution to identify weaknesses or inconsistencies.
- Building a Strong Defence: They will craft a defence strategy tailored to your situation, aiming for the best possible outcome.
- Protecting Your Rights: A lawyer ensures your legal rights are upheld during police investigations, court appearances, and trial.
- Negotiating Lesser Penalties: In some cases, your lawyer may negotiate with the prosecution for reduced charges or penalties.
- Providing Expert Representation: Your lawyer will represent you in court, providing legal expertise and strategic defence tactics.
Without an experienced forgery lawyer, you risk severe penalties and long-term damage to your reputation.
Common Legal Defences Against Forgery Charges
An experienced forgery lawyer will analyze the details of your case to determine the most effective defence strategy. Some common legal defences for forgery charges include:
Lack Of Intent
One of the most common defences is proving that the accused did not intend to deceive. For a forgery conviction to occur, the Crown must demonstrate that the accused knowingly created or altered a false document with the intent to defraud.
Honest Mistake
In some cases, individuals may mistakenly create documents that are considered forged without realizing their actions were unlawful. If the action was a genuine mistake, a skilled lawyer could argue that there was no criminal intent involved.
Duress
If you were coerced or threatened into committing the forgery, you might be able to claim duress as a defence. This defence highlights that the crime was committed under pressure or fear of harm.
Lack Of Knowledge
Proving that you were unaware of the document’s falsity can be a valid defence. If you unknowingly signed or submitted a forged document without realizing it was fake, your lawyer can argue this point in your defence.
How Slaferek Law Can Help?
At Slaferek Law, we provide trusted legal representation for individuals facing criminal charges in Edmonton.
With over 20 years of experience in criminal defence, we understand the complexities of the Canadian legal system and are committed to protecting your rights.
If you are facing forgery charges, don’t navigate the legal system alone. Contact us today to schedule a virtual consultation and discuss how we can help defend your future.
