The precise consequences of a theft conviction will depend on the amount of the alleged theft. Section 334 of the Criminal Code determines two levels of the offence:

  • Theft under $5,000.
  • Theft over $5,000.

A Strategic Criminal Defence theft lawyer can prevent a mistake, misunderstanding, or single lapse of judgment from shaping your future.

We’ve defended over 10,000 cases across Canada, received Three Best Rated® distinction for eight consecutive years, and gained Consumer Choice awards for two years running.

Our team is well practiced in defending everything from relatively minor shoplifting offences to indictment for theft over $5,000. We offer clear, flat-fee pricing and flexible payment plans.

Contact us for a free, no-obligation consultation.

Read this first if you’ve been accused of theft 

  1. Remain silent and do not admit guilt: Avoid saying ‘I’m sorry’ to anyone, as such statements can be interpreted as an admission of guilt or fraudulent intent.
  2. Do not provide any statements: Almost nothing you say to the police without a criminal lawyer present will work in your favour.
  3. Exercise your right to counsel: Discuss your case with a criminal defence lawyer familiar with theft offences and the local judiciary system.
  4. Prepare for your first appearance: If you’re released from custody, start preparing for your first court appearance by following your lawyer’s instructions.

What are theft charges, and how can they impact your life?

Under s. 322 of the Criminal Code, theft is the fraudulent taking or conversion of property without a legal ‘colour of right,’ which is an honest, even if mistaken, belief that you had a legal right to the property in question.

The Calgary Police Service (CPS) has intensified its response to property crime, with retail theft (shoplifting) in particular seeing a significant uptick in recent years.

Theft is viewed as causing significant financial loss and is considered a breach of societal trust. The Calgary courts treat charges increasingly severely in 2026, particularly where high-value assets or positions of trust are involved.

Theft offences are categorized primarily by the value of the property and the method of taking.

This table summarizes the core theft offences and their possible sentences:

OFFENCE OFFENCE DESCRIPTION POTENTIAL SENTENCE
Theft Over $5,000 (Section 334(a)) Stealing property, money, or assets with a total value exceeding $5,000. Up to 10 years imprisonment (Technically a 'hybrid' offence usually proceeded with by Indictment).
Theft Under $5,000 (Section 334(b)) Stealing property, money, or assets with a total value not exceeding $5,000.

Indictable: Up to 2 years imprisonment.

Summary: Up to 6 months in jail and/or a $5,000 fine.
Theft by Person Required to Account (Section 330) Fraudulently failing to deliver or pay over money/property received on terms requiring an accounting.

Indictable: Up to 14 years (if value over $5k).

Summary: Up to 2 years less a day.
Theft of Credit Card / Data (Section 342) Stealing, forging, or using a credit card or credit card data known to have been obtained by an offence.

Indictable: Up to 10 years imprisonment.

Summary: Up to 2 years less a day and/or a fine.
Theft by Power of Attorney (Section 332) Fraudulently using or 'converting' funds while acting under a legal power of attorney.

Indictable: Up to 14 years (depending on value/breach of trust).

Summary: Up to 2 years less a day.

Ss. 334, 332, and 342 are ‘hybrid’ offences. This means that the Crown Prosecutor decides whether to proceed by indictment (serious) or summary conviction (less serious) based on the accused’s criminal record and the sophistication of the theft.

There is no minimum jail time for stealing. A judge might not give any jail time at all, especially if it is your first offence and you’re represented by an experienced theft lawyer.

Examples of theft charges

Here are some typical Calgary examples of actions that lead to theft accusations:

  1. Theft from an employer: A bookkeeper in a Calgary firm diverts company funds into a personal account over several months (Section 330/334).
  2. ‘Porch piracy’ or retail theft: Taking a delivered package from a doorstep or concealing items in a bag at a Chinook Centre retail store (Section 334).
  3. Unauthorized use of a vehicle: Taking a vehicle without the owner’s consent, even if the intent was to return it later (Section 335).
  4. Identity and credit theft: Using a found or stolen credit card to make ‘tap’ purchases at a local gas station (Section 342).

Although there is no separate crime of ‘shoplifting’ in Canada, most shoplifting offences are under $5,000 and, therefore, are covered by Section 334(b) of the Criminal Code.

Regardless of the type of theft you’re accused of, our lawyers will identify the best defence to apply to limit the consequences.

What are the longer-term penalties for theft beyond potential jail time?

Beyond a potential jail sentence, a theft conviction triggers both other immediate penalties and long-term consequences that can devastate your future:

CONSEQUENCE IMPACT ON LIFE IN CALGARY LEGAL / ADMINISTRATIVE BASIS
Employment & Career Difficulty obtaining bonding: Disqualification from professions like finance, oil & gas, and law. Loss of professional licenses and inability to handle inventory or sensitive data. Criminal Code s. 334; Calgary Police Information Checks (PIC) - Level 3.
Financial & Civil Liability Lifelong wage garnishment: Courts frequently order full restitution. If funds are spent, civil judgments allow victims to seize future earnings. Criminal Code s. 738 (Restitution Orders); Alberta Civil Enforcement Act.
Housing & Rentals High-risk tenant status: Extreme difficulty securing rentals; most Calgary property managers view 'crimes of dishonesty' as a liability to other tenants. Alberta Residential Tenancies Act (Safety and Security clauses).
Freedom of Movement 'Red Zone' restrictions: Legally barred from entering specific Calgary commercial districts, malls, or former workplaces. Criminal Code s. 732.1 (Probation Conditions).
International Travel Permanent U.S. ban: Theft is classified as a 'Crime Involving Moral Turpitude,' making you inadmissible to the United States. U.S. Immigration and Nationality Act.
Immigration Status Deportation risk: Theft over $5,000 is deemed 'Serious Criminality,' potentially leading to the loss of Permanent Residency (PR) and removal from Canada. Immigration and Refugee Protection Act (IRPA) s. 36(1).
DNA Databank Genetic profiling: For specific theft-related offences, the Crown may seek an order to include your DNA in the national registry. Criminal Code s. 487.051.

Our Calgary theft lawyers will advise you on how to prevent these consequences by either resolving the case before trial through negotiating an alternative solution or seeking an acquittal.

How will we navigate the 2026 bail updates to secure your release?

Navigating the investigation, arrest, charge processing, and release on bail for theft can be intimidating and confusing, particularly for those experiencing it for the first time.

Understanding the process and how we will help makes the ordeal less stressful.

What will investigators look for?

Calgary police frequently go undercover and watch ‘hot spots’ where thefts happen. If the stolen item is worth a lot of money, detectives from specialized units may take over the case.

Theft investigations in Calgary are typically handled by:

  • The CPS General Investigations Unit (GIU) or the District-Level Patrols.
  • The CPS Auto Theft Team (for vehicle-related offences).
  • The RCMP Major Crimes Unit (if the incident occurred in surrounding areas like Rocky View County or Okotoks).

Investigators will immediately seek evidence to prove fraudulent intent, which is essential for any theft conviction. You should not make any ‘off the record’ comments or statements until you have exercised your Section 10(b) Charter right to speak to a Calgary theft defence lawyer.

We provide pre-charge legal advice and, once retained, can handle all communication with the investigators.

Detectives often work with retail loss-prevention officers and digital forensic experts to:

  • Analyze AI-enhanced CCTV: Identifying specific facial markers or gait patterns.
  • Trace digital transactions: Linking ‘tap’ payments or e-transfers to the accused.
  • Audit Point-of-Sale (POS) logs: Identifying ‘sweethearting’ or internal employee theft.
  • GPS tracking: Analyzing metadata from recovered vehicles or mobile devices.

Any evidence will be made available in the disclosure package, which our team will usually obtain after the bail hearing.

Where are you taken after arrest in Calgary?

If you are arrested for theft in Calgary, you will be taken to the Arrest Processing Unit (APU) at the Spyhill Services Centre:

  • Location: 12500 85 Street NW, Calgary, AB T3R 1A2
  • Phone: 403-428-3400

For minor Theft Under $5,000 charges, you might be released on an Undertaking. However, for serious charges like Theft Over $5,000 or theft involving a breach of trust, you will be held for a formal bail hearing.

How will we secure your release?

If you’re arrested and charged with theft in Calgary, a Strategic Criminal Defence lawyer will work to secure your release.

Before the actual hearing, we will negotiate with the Crown Prosecutor for a ‘consent release’ to present to the Justice, which is much faster than a contested hearing.

Bail hearings are usually held by video or teleconference and managed by the Calgary Court of Justice (the Provincial Court), housed in the Calgary Courts Centre (601 5th Street SW).

We will liaise with the Court Management Office (CMO) for administrative ‘out-of-custody’ dockets or the In-Custody Coordinator if you are in custody.

Reverse Onus: What is the new proposed bail and sentencing legislation?

For the most serious theft accusations, release is no longer a ‘given’ under the strict proposed new legislation.

The ‘Ladder Principle’ has traditionally resulted in a presumption of release on the least restrictive conditions for most theft offences. However, this is under threat from ‘reverse onus’ legislation.

Existing ‘reverse onus’ laws enacted in 2025 and outlined in s. 515 of the Criminal Code already apply to anyone charged with a serious offence involving violence and a weapon if they had a similar conviction within the previous five years.

For these defendants:

  • The Prosecutor no longer needs to prove why they should not be released.
  • The law presumes they should remain in custody.
  • The legal burden shifts to the defendant to justify why their release is safe

The proposed Bail and Sentencing Reform Act (Bill C-14) could extend the same rules to anyone accused of a serious theft offence with a prior conviction for a similar offence within the lookback period. The new legislation would cover:

  • Organized auto theft.
  • High-value retail theft.
  • Breaking and entering a dwelling house.

Ultimately, we can expect the legal burden to shift to the accused to justify their release.

Representation from a lawyer seasoned in defending theft charges becomes even more essential in such cases, not only to prevent a conviction but also to advocate strongly for your release.

CONDITION TYPE RESTRICTION DETAILS LOCAL JURISDICTIONAL CONTEXT
'Red Zone' Orders A legal ban on entering specific commercial properties or districts where the alleged theft occurred. Often includes major hubs like Chinook Centre, Market Mall, or the Core Shopping Centre.
No-Contact Orders A strict prohibition against communicating (in person or digitally) with specific individuals. Applies to alleged victims, security personnel, co-accused individuals, or former employers.
Document Bans A ban on possessing any identification, financial instruments, or mail not issued in your legal name. Frequently imposed in cases involving Section 342 (Credit Card) or mail theft investigations.
Reporting Requirements Mandatory, scheduled check-ins to verify your location and compliance with court orders. Typically conducted with a bail supervisor at the Calgary Courts Centre (601 5 St SW).
Curfews & Monitoring Requirements to remain at a designated residence during specific hours, often paired with electronic tagging. Judges often use GPS monitoring for repeat offenders to prevent activity during peak 'theft hours.'

The high volume of retail and property crimes and the proposed bail reform updates mean that the bail conditions outlined are no longer just suggestions.

You may need to demonstrate a willingness to abide by a ‘Red Zone’ or ‘GPS monitoring’  to secure release from the Spyhill Services Centre. Follow the advice and direction provided by your Strategic Criminal Defence lawyer.

If you are denied release, you will be held at the Calgary Remand Centre until your trial date.

What will the Crown try to prove for a theft conviction?

Calgary theft investigations seek evidence regarding the unauthorized taking of property and the criminal intent of the accused.

To secure a conviction for theft, the Crown prosecutor must prove two primary elements beyond a reasonable doubt:

  1. The Actus Reus (the prohibited act).
  2. The Mens Rea (the guilty mind).

The prosecution’s precise burden of proof is specific to the value of the property and the manner in which it was taken (under s. 322 of the Criminal Code).

The Actus Reus (the prohibited act)

The prosecution must prove that you took or converted property belonging to someone else without a legal right to do so. The prohibited act must include these elements:

  • Taking or conversion: Physically moving an object or dealing with someone else’s property in a way that is inconsistent with their rights as the owner.
  • Lack of consent: The owner of the property did not give you permission to take or use it.
  • Ownership: The property must belong to another person or entity (you cannot generally ‘steal’ property that you own exclusively).

The gravity of the act often depends on:

  • Value of the property: Whether the theft is ‘Theft Under $5,000’ or ‘Theft Over $5,000,’ which dictates the potential severity of the sentence.

Nature of the taking: Whether the act involved a breach of trust (e.g., employee theft) or other aggravating factors.

The Mens Rea (the ‘guilty mind’)

The prosecution must demonstrate:

  • Intent to deprive: You meant to deprive the owner of the property, either permanently or temporarily.
  • Fraudulent intent: You acted dishonestly, knowing the property was not yours to take.
  • No ‘colour of right’: You did not have an honest belief that you had a legal right to the property at the time it was taken.

Identity and possession

The Crown must also prove two administrative and technical facts:

  1. Identity: You were the individual who took or moved the property (often established through CCTV footage, eyewitness testimony, or forensic evidence).
  2. Continuity and possession: The prosecution must link the recovered property to the accused and prove that the items found are the same items reported stolen by the rightful owner.

Our criminal defence lawyers can often challenge one or more of the above elements to introduce ‘reasonable doubt’ into the case and prevent a conviction.

How our lawyers will defend your theft charges

The onus is on the Crown to prove your guilt beyond a reasonable doubt. You do not need to ‘prove’ your innocence.

The defence we build will focus on making it more difficult for the Crown to prove your guilt, either disputing the facts of the incident, proving a lack of criminal intent, or uncovering Charter violations.

The following table outlines the primary legal strategies used to defend against theft allegations:

DEFENCE HOW IT WORKS KEY REQUIREMENT
Colour of Right You had an honest, though perhaps mistaken, belief that you had a legal right to the property. You must demonstrate a sincere belief in ownership or entitlement, even if you were factually wrong.
Lack of Intent Theft requires a fraudulent intent to deprive the owner of their property. If the act was an accident, no crime occurred. Evidence that the taking was unintentional (e.g., being distracted while walking out of a store).
Identity / Alibi You are not the person who committed the act. The police have apprehended the wrong individual. Use of CCTV, GPS data, or witness testimony to prove you were not at the scene.
Intention to Return You borrowed the item with a genuine and immediate plan to return it to the owner in its original state. Proof that the deprivation was intended to be temporary and that the owner was not being defrauded.
Necessity / Duress You were forced to steal to avoid immediate peril or because of a direct threat of bodily harm. Evidence of an urgent situation or a threat that left no other reasonable legal alternative.
Charter Violations The police violated your rights (e.g., illegal search, right to counsel) during the investigation. Proof that rights under the Charter of Rights and Freedoms were breached, making the evidence inadmissible.

What does the Crown’s disclosure package include?

At the first appearance, usually in Room 308 of Calgary Courts Centre, your defence lawyer will request the Crown’s disclosure package, which details the charge, the Crown’s sentencing position, and the evidence against you.

In theft cases, the evidence usually includes:

  • A police report of the allegations and the officer’s version of events.
  • Handwritten or digital notes from every officer involved in your investigation or arrest.
  • Witness statements, e.g., from store security, owners, or bystanders.
  • Surveillance footage from store CCTV, police body-cam, or in-car video recordings.
  • A list of property stolen, with receipts, value appraisals, etc.
  • Any statements or notes of what you said to the police.
  • Your personal CPIC report detailing any past convictions.
  • Records showing when you were informed of your Charter rights.

Your lawyer will review this information meticulously, seeking weaknesses in the evidence against you.  If necessary, we will hire experts like forensic analysts to look into fingerprint or DNA evidence that links you to the stolen property.

How are theft cases usually resolved?

Theft cases are resolved when the charges are dropped, the accused admits guilt, a plea bargain is agreed between the Prosecution and the defence (subject to approval by a judge), or the case proceeds to trial, where a judge or jury makes a verdict.

Considerable legal work often goes on behind the scenes, well before a trial is required. Only 5 to 10% of criminal cases end with a trial in Alberta. Your lawyer will usually engage in resolution discussions with the Crown Prosecutor to minimize the consequences for your future.

Typical outcomes might include:

  • Withdrawal of charges: Persuading the Crown that there is no reasonable prospect of conviction or that proceeding is not in the public interest.
  • Alternative Measures Program (AMP): Diverting the case away from the criminal justice system, allowing you to complete community service or pay restitution in exchange for having the charges stayed.
  • Stay of proceedings: The Crown ‘pauses’ the prosecution and ends the case if no further issues arise within one year.
  • Discharged sentences: Negotiating for an absolute or conditional discharge, which ultimately prevents a permanent criminal record, despite a finding of guilt.
  • Reduced sentencing: Agreeing to a lesser charge (e.g., Theft Under $5,000 instead of Theft Over $5,000) or a non-custodial sentence like probation.

If your case proceeds to trial, your Strategic Criminal Defence lawyer will:

  • Represent you with a robust defence, ensuring your side of the story is heard clearly by the court.
  • Cross-examine witnesses to test the credibility and accuracy of the testimony provided by the Crown.
  • Challenge evidence, including identifying Charter violations or contesting the admissibility of security footage and physical items.

Can we influence sentencing?

Criminal sentencing in Calgary is a nuanced process where our lawyers’ advocacy can significantly shift the outcome.

If a conviction is inevitable or you choose to plead guilty, your lawyer can often persuade the judge to build a sentence that prioritizes rehabilitation over punishment. Strategies may include:

  • Presenting mitigation, such as restitution payments, demonstrating remorse and responsibility, and adding personal context (for instance, employment history, family obligations, or mental health struggles).
  • Proposing creative alternatives to incarceration, such as community service or a donation in exchange for having the charges withdrawn entirely.
  • Proposing an absolute or conditional discharge that allows you to be found guilty without a permanent criminal record (the discharge appears on the CPIC record for 3 years after the probation period ends).
  • Seeking a Conditional Sentence Order (CSO), where you serve the sentence in the community (house arrest) rather than behind bars.

We will gather character references, proof of counseling, or evidence of a stable work life to present the judge with every possible reason to act with leniency.

Successful theft cases

Case Number: 55582516

Our client worked at a construction company that stripped metals from old buildings. Over the course of several months, copper wiring started to disappear without explanation and our client’s employer accused him of stealing it and selling it himself. Following a police investigation, our client was arrested and charged with theft and trafficking of nearly $70,000 worth of copper wiring. He was also fired from his job and sued in civil court by his former employer. If convicted, he faced a lengthy prison sentence due to his position of trust, and a likely condition requiring him to repay all $70,000.

Upon being retained, we worked together with our client’s civil lawyers to fight the allegations on both fronts. We did significant analysis of the case against our client and pointed out to the Crown Prosecutor that much of the evidence was circumstantial and our client had credible explanations to address the accusations against him. We began resolution discussions with the Crown and as a result, all charges were withdrawn.

Successful Result: Charges Withdrawn; No Criminal Record

Case Number: 3260042

Our client got into an altercation with his girlfriend in their home. The Police were dispatched to the scene and found a number of broken items on the floor, and our client in his home. His girlfriend told the police that he was intoxicated, and they noticed a strong smell of alcohol coming from the garage. The police checked their system to see if our client had any outstanding warrants, and noticed that he was on probation and had been ordered not consume any alcohol.

The police then arrested our client for breaching a condition of his probation. Upon retaining us, we immediately ordered disclosure and began canvassing possible resolutions with the Crown Prosecutor. During these discussions we were able to point out several weaknesses against our client that ultimately led to his charges being withdrawn.

Successful Result: Charges Withdrawn, No Criminal Record

Case Number: 741774

Our client was employed as a Cashier at a restaurant in Calgary and was arrested for Theft Under $5000.00 after the manager at her place of employment found that one of the daily deposits were short $160.00. The manager then reviewed the CCTV footage in the store, which revealed our client taking cash out of the register and putting it in her sock. Shortly thereafter, it was discovered that for some time our client had been taking orders, cancelling them on the register, and pocketing the money. After reviewing all CCTV footage and the financial records of the restaurant, it was found that our client had stolen almost $1000.00 from her place of work.

Upon being retained, we ordered disclosure and immediately directed our client to enter counselling, to draft a letter of apology, and ensured that she paid restitution to her former employer. Notwithstanding the strength of the evidence against her and aggravating factors like the fact that she had taken advantage of a position of trust when committing the offence, we were still able to persuade the Crown Prosecutor to divert her charges. On the basis of our advocacy our client was accepted into the Alternative Measures Program and once completed, all charges against our client were withdrawn.

Successful Outcome: Alternative Measures Program, Charges Withdrawn, No Criminal Record

Case Number: 05020228

Our client was struggling with a formal psychiatric diagnosis of kleptomania and was caught stealing over $2000 of clothing and groceries from a shopping mall. She had never been arrested before and had lived a normal life aside from her compulsion to steal. She admitted to the officers that she had done this many times before without being caught and was ultimately charged with theft. She took immediate steps to enter treatment and address her issues.

Upon being retained, we spoke with our client and gathered significant information regarding her prior good character and ongoing treatment. We provided medical documentation, volunteer paperwork, and character letters to the Crown prosecutor. We were successful in demonstrating that this was a mental health issue requiring access to resources and was able to obtain a referral to the mental health diversion program. Following her completion of the program, charges were withdrawn.

Successful Result: Mental Health Diversion; Charges Withdrawn; No Criminal Record

Case Number: 9793802

Our client was arrested for theft when Loss Prevention Officers observed her first leave a store with unpaid merchandise without attempting to pay, then come back inside the store and purchase an item, then return a third time and leave the store a final time with unpaid merchandise that she had not attempted to pay for. The officers approached our client outside and inquired about her purchases. When she showed them the receipt for the second item that she purchased, they let her go. Later, they reviewed camera footage from inside the store and confirmed that she had left the store twice during that time with unpaid merchandise. They contacted police, and she was later arrested for the theft.

Upon being retained, we immediately ordered disclosure and reviewed it with our client. We then entered resolution discussions and were able to successfully persuade the Crown Prosecutor to resolve the issue through the Alternative Measures Program. As a result, the charge was withdrawn , and our client avoided a criminal record.

Successful Result: Charge Withdrawn; No Criminal Record

Case Number: 65670089

Our client was charged with theft under $5000 and fraud under $5000 after an investigation by a loss prevention officer revealed that she was stealing merchandise from her employer and making purchases with fraudulent gift cards. All the transactions were caught on her employer’s CCTV system.

Upon being retained, we reviewed disclosure and identified the ideal resolution for our client’s matters. In order to maximize the likelihood of success, we immediately directed our client to enroll in counseling and engage in volunteer work. We also sought out reference letters from family and friends, proof of employment, and an apology letter. We used these documents to support our submissions in favor of granting our client a conditional discharge. We were successful in our application, and as a result our client avoided a criminal conviction.

Successful Result: Conditional Discharge, No Criminal Record

Case Number: 762226

Over the course of several months our client stole and deposited several cheques issued to her former employer into her own bank account. Once her employer noticed that some of their cheques were missing, they contacted the police who quickly found out that our client’s bank was the account into which the missing cheques were being deposited. At the time of her arrest, she had stolen over $8000.00 of funds from her former employer. Upon being arrested, she also admitted to stealing and depositing the cheques.

Due to the nature of the offence, if convicted our client was likely facing jail time. Upon being retained, we immediately ordered disclosure and started negotiating with the Crown Prosecutor. We were able to successfully advocate for a period of probation and our client was able to avoid any time spent in jail.

Successful Outcome: No Jail Time, Probation

Testimonials

“Saved my career, job, and home”

“I highly recommend Michael Oykhman to take care of any legal matters you may have. As a first-time offender in the legal system, I felt safe, engaged, and understood from our first meeting onward… The positive outcome literally saved my career, job, and home.”

D.L.

“Able to get my life back”

“I can’t begin to describe my gratitude for Michael and his team! They prepare you for the worst but truly strive for the best… Because of their team, I was able to get my life back, and there’s absolutely no price you can put on that!”

K.B.

“Charges withdrawn”

“I was charged with theft under $5,000 after being caught shoplifting several pairs of sunglasses. [The firm] worked to have the charges withdrawn through the Alternative Measures Program.”

S.V.

“Very professional and understanding”

“Everyone was very professional and understanding. They explained everything and put me at ease. Any questions I had were answered right away.”

M.M.

“Helped me through the darkest experience of my life.”

“Michael and his team were absolutely a Godsend, and were there for me and helped me through the darkest experience of my life. I will be eternally grateful to him and his team for defending my innocence and allowing my family and I to start getting our life back to normal again.”

Anonymous

Dedicated theft lawyers at Strategic Criminal Defence

The team of lawyers at Strategic Criminal Defence in Calgary all provide theft defence services. View our dedicated lawyer page to learn more about our lawyers and their main focus areas.

FAQs

Legally, shoplifting is “Theft Under $5,000” (s. 334(b) of the Criminal Code). However, the 2026 sentencing guidelines have introduced aggravating factors for organized retail theft, which can elevate simple shoplifting (usually a summary offence) to more severe indictable penalties.

Technically, there is no minimum dollar amount that prevents prosecution. While the legal principle of de minimis (the law does not concern itself with trifles) exists, Alberta prosecutors can, and often do, pursue charges for items worth only a few dollars to deter shoplifting and maintain public order. The bottom line? Never assume that you won’t be prosecuted for a $10 theft.

‘Colour of right’ is a legal defence used when an accused person honestly believes they have a proprietary or possessory right to an item, even if that belief is mistaken. In Alberta, if your lawyer proves this honest belief existed, it negates the criminal intent (mens rea) required for a conviction.

If you are convicted of theft, a criminal record is mandatory. However, an experienced defence lawyer can often prevent a conviction from being entered in the first place. For first-time offenders facing minor theft charges in Calgary, we frequently secure diversionary outcomes, such as the Alternative Measures Program, which result in the charges being withdrawn and your record remaining clear.

If the value of the property is over $5,000, the charge is considered more serious and often proceeds by indictment. While avoiding a criminal record is still possible through expert negotiation, the Crown is less likely to offer simple diversion programs like AMP for higher-value thefts.

Even if you gave the item back, you could still be charged with theft. If you take something with the plan of keeping it from the owner, even for a short time, you are stealing. Returning the item might help your case and lower the charges or penalties, but it doesn’t mean you didn’t steal it in the first place.

If you’re charged, a Calgary theft lawyer from Strategic Criminal Defence will:

  • Review the details and unique circumstances of your case to identify the strongest relevant arguments to challenge the theft charge.
  • Gather key evidence, such as police disclosure, surveillance video, witness statements, and proof of ownership or ‘colour of right,’ to challenge the prosecution’s case and support your defence.
  • Guide you through the complexities of the judicial system processes, explaining timelines, legal options, various scenarios, and associated consequences.
  • Prepare for trial, if necessary, building a strong case to present to the judge/jury and questioning witnesses.

Call for a free, no-obligation consultation to discuss your case.

michael-oykhman-thumb

Verified By: Michael Oykhman, Senior Criminal Defence Lawyer

Last Modified: April 30, 2026

Michael Oykhman is a senior criminal defence lawyer and the founder of Strategic Criminal Defence, a leading firm with offices across Western Canada and Ontario. With nearly 20 years of legal experience, he has appeared at all levels of court in Alberta, including the Supreme Court of Canada, and has successfully defended thousands of clients.

Experience

  • Proven Results: Successfully managed over 10,000 criminal cases, experience in complex matters such as impaired driving, domestic violence, and sexual assault.
  • Strategic Problem Solver: Trained as a trial lawyer but recognized for his experience in alternative resolution strategies, often securing the best outcomes for clients without a case ever going to trial.
  • Multi-Jurisdictional Authority: Licensed to practice law in Alberta, British Columbia, and Saskatchewan.

Education & Academic Leadership

  • Education: Holds a Bachelor of Laws (LL.B.) and a B.A. in Psychology from the University of Calgary.
  • Academic Distinctions: Recipient of the Crown Association Prize (top grade in criminal law) and was the first-ever finalist for the University of Calgary at the Gale Cup Moot.
  • Teaching & Mentorship: Currently serves as the Advising Lawyer for Student Legal Assistance and is a sessional instructor at the University of Calgary Faculty of Law, teaching Advanced Criminal/Constitutional Appellate Advocacy.

Credentials & Recognition

  • Top-Rated Advocacy: An 8-time recipient of the Three Best Rated® Top Criminal Defence Lawyer of the Year award in Calgary.
  • Professional Memberships: Active member of the Criminal Trial Lawyers Association (CTLA) and the Criminal Defence Lawyers Association (CDLA) of Calgary.
  • Connect with Michael: Bio | LinkedIn | Firm Office: (403) 719-6410