I have been charged under penalty code 420(Fraud) How to plead for a change to 417 a lighter sentence?

Question

This case was 2 years ago. I regretted it, and my army superior has agreed to writing me a testimonial due to my achievements in army(NSF).The police officer(CAD) who was handling this case, advised me to bring my lawyer, to ask a change in penalty code of 420 to 417 with the public prosecuter. 420 will mean that i will definitely be imprisoned, while 417 will allow me to pay off with a fine. Imprisonment is the last thing i want to hear, any amount of fine will do.

Answer 1

First of all, you need to know what is the different between these two sections.

415. Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to “cheat”.

Sec. 417 of Penal Code - Whoever cheats shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both.

Sec. 420 of Penal Code: Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine.

Obviously, both 417 & 420 are cheating, but Sec. 417 is a simply cheating. So long you can prove that your cheating case does not fall into Sec. 420, and it's not a well plan case, you can ask for lenciency for a lighter charge.

Answer 2

Section 415 is the offence definition section. Sections 417 and 420 are the punishment sections. s417's benchmark is a fine not exceeding $10,000; s420 carries a mandatory imprisonment term of up to 7 years.

Your aim is to avoid jail term. How to achieve this? Write to AGC in what we called 'make representation' . In the representation, state the circumstances in which you committed the offence but not going into details. Also, state your family background and medical background, if any. Finally, if you are a first offender for an offence of this nature (Cheating), capitalise on it ! Write to show how remorseful you are. Most importantly, if your cheating is related to taking of monies, try to pay back all single cent. This is what we called 'making full restitution'. Best if you can get the victim to write a note that he or she has forgiven you. I have come across cases where the victim of a scam actually present in court and spoke up for the victim!

All these done, AGC would probably consider reducing your charge to simple cheating (Section 417).

By the way, why the Commercial Affairs Department is taking 2 years to charge you? You may want to 'capitalise' on that also. It helps.

Answer 3

Penal Code 417

Answer 4

Because you don't specify exactly where this "code" is applicable, it's somewhat more difficult to provide a better answer...however...

You have the army supervisor who is going to provide you a "testimonial" which I'm sure it will refer to your work related activities and personal character. This helps! Of course, it would be MUCH better were he to appear with you in person.

You also have an attorney who should be able to guide you through the judicial process to include that of "bargaining" with the prosecution.

Most prosecutors and defense attorneys would rather conclude a case prior to actually going to trial. This is an advantage to you!

Your "criminal history" will have bearing upon the outcome as well. Should you have a "clean record" then you have another advantage in that the court will most likely receive probation, may court costs and fines, and then restitution to where the fraud was perpetrated.

Judges don't wish to fill the jails anymore than they already are. However, they also like to see that you've rehabilitated your "old ways."

Make sure you take steps AHEAD of court to show you've learned your errors and to impress the court with your maturity since your initial error.

Best wishes!

Answer 5

Banned and involvement of latest child risk-free practices government. One question however, you assert she replace into over the cut back, possibly this suggests she replace into examined as being over the cut back. How can she plead no longer to blame?

Answer 6

Do what the MILITARY told you---BRING YOUR ATTORNEY and let him/her plead your case