Theft, Fraud & Dishonesty Lawyers

Our lawyers at Balot Reilly will develop a strategic defence against theft and fraud allegations.

STRONG DEFENCE STARTS WITH THE

RIGHT LAWYER.

Theft involves unlawfully taking property with the intent to permanently deprive the owner of it. Fraud and dishonesty offences relate to obtaining property or financial advantage through deception or dishonest conduct.

If you have been charged with theft, fraud, deception, or proceeds of crime offences in Melbourne or anywhere in Victoria, it is important to obtain legal advice as early as possible. Dishonesty offences can carry serious criminal penalties, including fines, criminal convictions, and imprisonment.

At Balot Reilly Criminal Lawyers, our experienced Melbourne criminal defence lawyers regularly represent clients charged with theft, fraud, obtaining property by deception, and proceeds of crime offences throughout Victoria.

Our legal team carefully examines the police evidence, identifies possible legal defences, and develops a strong strategy aimed at achieving the best possible outcome in court.

Theft, Fraud & Dishonesty Lawyers in Melbourne

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Frequently Asked Questions About Theft, Fraud & Dishonesty Charges in Victoria

Theft is the act of unlawfully taking property belonging to another person with the intention of permanently depriving them of it.

The legal definition of theft in Victoria is contained in the Crimes Act 1958.

Under section 72 of the Crimes Act 1958 (Vic), a person commits theft if they:

  • dishonestly appropriate property
  • belonging to another person
  • with the intention of permanently depriving that person of the property.

For a person to be found guilty of theft, the prosecution must prove beyond reasonable doubt that:

  • The accused appropriated property belonging to another person
  • The accused intended to permanently deprive the owner of the property
  • The accused acted dishonestly

If any of these elements cannot be proven, the charge may fail.

Theft and Fraud Charges Can Be Difficult to Prove

Theft and fraud offences often involve complex legal issues regarding dishonesty and intention.

Under section 73 of the Crimes Act 1958 (Vic), a person’s conduct may not be considered dishonest if they believed:

  • they had a legal right to the property
  • the owner would have consented to the taking of the property
  • the owner could not be located after reasonable efforts were made

Because of these legal complexities, theft and fraud charges are not always easy for police to prove.

An experienced criminal defence lawyer can examine the evidence carefully to determine whether the prosecution can establish the required elements of the offence.

Penalties for theft vary depending on the seriousness of the offence and the circumstances of the case.

Possible penalties may include:

  • fines
  • community correction orders
  • diversion programs
  • imprisonment in serious cases

More serious dishonesty offences can carry significant terms of imprisonment.

Possible defences to theft or fraud allegations may include:

  • lack of dishonest intention
  • belief that the accused had a legal right to the property
  • mistaken identity
  • lack of evidence proving the elements of the offence

Each case depends on its specific facts and evidence.

Yes. Shoplifting is generally treated as a form of theft and may result in criminal charges being laid.

Even minor shoplifting matters can result in a criminal record if not properly handled.

Victorian law also criminalises dealing with property connected to criminal activity.

Dealing With Property Suspected of Being Proceeds of Crime

Under section 195 of the Crimes Act 1958 (Vic), it is an offence to deal with, conceal, or dispose of property that is reasonably suspected to be the proceeds of crime.

This may include situations involving:

  • money derived from illegal activity
  • property obtained through criminal conduct
  • assets connected to criminal offences.

 

Dealing With Proceeds of Crime

Under section 194 of the Crimes Act 1958 (Vic), it is a serious criminal offence to:

  • deal with property
  • knowing that the property is proceeds of crime
  • and intending to conceal its criminal origin.

If you are arrested or questioned by police about theft or fraud offences:

  • ask to speak to a criminal defence lawyer immediately
  • provide only your name, address and date of birth
  • exercise your right to silence

Police interviews are a critical stage in a criminal investigation. Statements made during questioning may later be used as evidence in court.

Obtaining legal advice before answering police questions can significantly affect the outcome of your case.

Theft, burglary, and robbery are all criminal offences in Victoria, but they involve different conduct and levels of seriousness.

  • Theft occurs when a person dishonestly takes property belonging to another person with the intention of permanently depriving them of it. For example, shoplifting or taking someone’s belongings without permission.

  • Burglary involves entering a building (such as a house or business) as a trespasser with the intention of committing an offence inside, usually theft. The key element is unlawful entry with intent.

  • Robbery is the most serious of the three offences. It involves stealing from a person while using force, threats, or violence. For example, taking someone’s property while threatening or assaulting them.

Because robbery involves violence or intimidation, it carries significantly harsher penalties than theft or burglary.

If you are facing charges for theft, burglary, or robbery in Melbourne or Victoria, it is important to seek legal advice from an experienced criminal defence lawyer as soon as possible.

Balot Reilly Criminal Lawyers regularly defend clients charged with a wide range of dishonesty offences, including:

  • theft charges
  • fraud charges
  • obtaining property by deception
  • obtaining financial advantage by deception
  • burglary offences
  • robbery offences
  • proceeds of crime offences
  • Making a false document

Our lawyers carefully analyse the evidence and prepare strong legal submissions to defend or minimise these charges.

OUR APPROACH

We assess the evidence, identify available defences, and develop a clear strategy to minimise penalties or avoid conviction where possible.

✔️ We will carefully listen to your story & support you

✔️ We will offer defense strategies to help you

✔️ We will advise you in plain-language, no legal jargon

✔️ We will minimise penalties and damage to your life where possible

✔️ We will offer the best legal representation in court

What You Can Expect

✔️ Clear, practical legal advice from experienced criminal defence lawyers

✔️ Strong representation in Melbourne courts from the outset

✔️ Strategic guidance tailored to your specific circumstances

✔️ Transparent communication at every stage of your matter

✔️ Proactive defence focused on minimising penalties and protecting your record