Facing A Fraud Or Dishonesty Charge? Speak To Our Experienced Fraud Lawyers Today
Fraud and dishonesty charges are among the most consequential criminal matters you can face. A conviction can stay with you for a long time, on your criminal record, in background checks, and in many professional and licensing contexts, subject to spent-conviction laws and the rules of your particular profession.
Josh Smith Legal provides experienced, discreet representation for clients facing all types of fraud and dishonesty charges in Melbourne and across Victoria. We understand what’s at stake and we act accordingly.
What You’re Facing
“Fraud” isn’t one single charge. It’s a general word that covers a lot of different charges. What you’re actually charged with, and the maximum penalty that comes with it, depends on what you’re alleged to have done and on whether the matter is run under Victorian or Commonwealth law.
Victorian offences
| Offence | Maximum penalty |
|---|---|
| Theft | Up to 10 years imprisonment |
| Obtain property by deception | Up to 10 years imprisonment |
| Obtain financial advantage by deception | Up to 10 years imprisonment |
| Handling stolen goods | Up to 15 years imprisonment |
| Falsification of documents | Up to 10 years imprisonment |
| Dealing with proceeds of crime | Up to 20 years depending on knowledge and intent |
The Victorian offences above are set out in the Crimes Act 1958.
Commonwealth offences
Centrelink and other government payment allegations are ordinarily prosecuted under Commonwealth law, which is a separate regime with its own sentencing framework.
| Offence | Maximum penalty |
|---|---|
| Obtaining a financial advantage by deception from a Commonwealth entity | Up to 10 years imprisonment |
| General dishonesty | Up to 10 years imprisonment |
| Conspiracy to defraud | Up to 10 years imprisonment |
| Commonwealth money laundering | Up to 25 years depending on value and mental element |
Contacted By Police Or Investigators?
If you’ve been arrested or charged call us immediately, we’re available 24/7
Defences Available
- Lack of dishonest intent, where you genuinely believed you were entitled to the money or property
- Mistake of fact, being an honest error rather than a deliberate misrepresentation
- Duress, where you were coerced by another person
- Lack of knowledge, where you were unaware of the fraudulent nature of a transaction
- Challenging the prosecution’s evidence of the value or quantum of the loss
Professional And Career Consequences
For lawyers, accountants, financial advisers, teachers and medical professionals, a fraud conviction can trigger regulatory action, and the investigation, suspension, cancellation or refusal of your professional registration, on top of any criminal penalty.
This is not an afterthought in a fraud matter. We factor it into sentencing submissions from the outset, because for many clients the licensing consequence is more serious than the sentence itself.
Act Quickly
If you’ve been contacted by police or a Commonwealth agency about a potential fraud matter, getting legal advice before you respond is critical. What you say, and do, at this stage can significantly affect your outcome.
Call Josh Smith Legal on 03 8658 5872 before responding to any approach from investigators.
Why Choose Josh Smith Legal?
We’ve defended clients facing fraud and dishonesty charges across Victoria and under Commonwealth law. Here’s what sets us apart.
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Discreet, Experienced Fraud Defence
Fraud matters require a lawyer who can work through complex documentation, understand financial evidence, and build a clear strategy. We handle every matter with complete discretion and have experience with both Victorian and Commonwealth charges.
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We Understand The Career Consequences
For professionals facing fraud charges, the career consequences can be as severe as the criminal penalty. We build sentencing submissions that directly address regulatory and licensing implications, and fight to minimise them. Our 4.9-star rating from over 200 Google reviews.
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We Know Where These Cases Are Weak
Fraud prosecutions turn on proving dishonest intent, not just that money moved. That’s usually the hardest thing for them to prove, and the best place to fight the case.
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Free Confidential Case Evaluation
Call us and we’ll explain exactly where you stand, what the charge means, and what your realistic options are. Your enquiry is treated confidentially. No obligation.
Is Your Professional Registration At Risk?
If you’ve been arrested or charged call us immediately, we’re available 24/7
Charged With A Fraud Offence? Let Us Help You Get The Best Possible Outcome
Fraud charges in Victoria carry serious penalties and consequences well beyond imprisonment. The outcome depends on how well your case is handled, and that starts with who you call.
We know the courts, we know the law, and we have the experience to build the strongest possible case for you. Your first consultation is free, and your enquiry is treated confidentially. If you are facing other charges alongside the fraud matter, see our criminal defence lawyers.
Don’t face the Victorian courts alone.
Call 03 8658 5872 for a free initial consultation, we’re available 24/7.
Frequently Asked Questions
Will I go to jail for fraud?
It depends on the amount involved, the nature of the fraud, whether a position of trust was breached, and your personal circumstances. For smaller amounts and first-time offenders, alternatives to imprisonment are often available. For large-scale sophisticated fraud, imprisonment is more likely.
Can repaying the money help my case?
Yes. Repayment or partial repayment is a significant mitigating factor at sentencing. In some cases involving smaller amounts and strong personal circumstances, it may open the door to a non-conviction outcome.
I’ve received a letter about a Centrelink overpayment or fraud. What do I do?
Do not respond without speaking to a lawyer first. Call us. What you say at this stage can significantly affect your outcome, and an explanation offered in good faith can be used against you later.
Can a fraud conviction be kept off my record?
In limited circumstances involving minor matters and first-time offenders, a diversion program or non-conviction order may be available. This is case-specific and we’ll give you an honest assessment.
This page is general information about fraud and dishonesty law in Victoria. It is not legal advice and does not take your circumstances into account. Maximum penalties, procedures and time limits change. For advice on your own matter, call 03 8658 5872.
Every case is different and past results do not guarantee a particular outcome.
