Property crimes cover multiple offences under different sections of the Criminal Code, including:
- Mischief (Section 430).
- Arson (Sections 433 to 436).
- Breaking and entering (Section 348).
- Possession of stolen property (Section 354).
- Robbery (Section 343).
Defending such a broad range of offences requires legal skills and experience. Over the past decade, the Strategic Criminal Defence team has built a reputation for excellence, evidenced by:
- Over 140 5-star Google reviews.
- The Consumer Choice award (2025 and 2026).
- BBB A+ Rating.
If you’re facing the stress of a property crime charge in Edmonton, we can work to protect your future.
Accused of a property crime in Edmonton? Immediate steps to take:
- Say nothing to the police. Immediately invoke your right to silence. Don’t answer questions, volunteer information, or give a statement.
- Call a criminal defence lawyer. Early legal advice during the pre-charge phase can sometimes prevent charges from being laid at all.
- Preserve all evidence. Do not destroy, alter, or discuss anything related to the incident, including messages, photos, videos, receipts, etc.
- Do not contact any complainants or witnesses. Even a well-intentioned message can be treated as intimidation or interference.
Contact us for a free, no-obligation consultation.
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What are property crimes, and how can a charge impact your future?
Property crimes cover a broad range of offences against another person’s property, including:
- Mischief: Wilfully damaging, destroying, or interfering with someone else’s property or their use and enjoyment of it.
- Arson: Intentionally or recklessly causing damage by fire or explosion to property, a structure, or land (most serious if life is endangered).
- Breaking and entering: Unlawfully breaking into and entering a place, such as a home, business, or vehicle, with the intent to commit an indictable offence inside.
- Possession of stolen property: Knowingly having in your possession property or valuables that were obtained through the commission of a crime.
- Robbery: Theft committed with violence or threats of violence, distinguishing it from simple theft by the use of force or intimidation against a person.
Theft and fraud are also considered property offences, but we deal with these crimes separately on dedicated pages.
Common examples of property crimes in Edmonton
- After an argument with a neighbour, you take a key and scratch the full length of their car in the driveway (Mischief).
- Someone sets fire to an abandoned warehouse to collect on an insurance policy, and the fire spreads to an adjacent building. (Arson).
- A person smashes the rear window of a closed convenience store in the middle of the night and climbs inside to steal cash from the register (Breaking and entering).
- A friend who robbed a jewellery store asks you to hold onto a bag of watches, and you agree, knowing they were stolen (Possession of stolen property).
- A person approaches someone at an ATM, demands their cash while brandishing a knife, and takes their wallet when they hand it over out of fear (Robbery):
A property crime lawyer from Strategic Criminal Defence will immediately start work on building a defence against the following potential penalties:
| OFFENCE | CHARGE TYPE | MAXIMUM SENTENCE | FINES |
|---|---|---|---|
| Mischief (damage under $5,000) | Hybrid | 2 years (indictable) 2 years less a day (summary) |
Up to $5,000 (summary) |
| Mischief (damage over $5,000) | Hybrid | 10 years (indictable) 2 years less a day (summary) |
Court discretion |
| Arson (damage to property) | Indictable | 14 years | Court discretion + possible restitution order |
| Arson (disregard for human life) | Indictable | Life | Court discretion + possible restitution order |
| Breaking & Entering (non-dwelling) | Hybrid | 10 years | Court discretion |
| Breaking & Entering (dwelling house) | Indictable | Life | Court discretion |
| Possession of stolen property (under $5,000) | Hybrid | 2 years (indictable) 2 years less a day (summary) |
Up to $5,000 (summary) |
| Possession of stolen property (over $5,000) | Hybrid | 10 years (indictable) 2 years less a day (summary) |
Court discretion |
| Robbery | Indictable | Life | Court discretion |
Some property crimes are hybrid: the Crown can proceed summarily (less serious) or by indictment (more serious), depending on the circumstances.
While mandatory minimum jail terms do not generally apply for property crimes, some offences result in variations of the above penalties. Notably, robbery involving a firearm carries mandatory minimums under s. 344 of the Criminal Code.
What long-term impact could a conviction have?
Repayment to victims is a common penalty in Edmonton, meaning that the financial consequences often extend well beyond the courtroom.
A criminal record for a property crime can also affect many areas of your life, including:
- Employment.
- Professional licensing.
- Travel to countries like the United States.
- Immigration status (for non-citizens).
- Housing.
- Child custody proceedings.
- Volunteer work with vulnerable populations.
- Access to certain financial products and licences.
To help prevent these consequences, we will immediately start building your defence and disputing the prosecution’s case.
What happens after being charged with a property crime in Edmonton?
There are three possible outcomes for anyone charged with a property crime in Edmonton, depending on the seriousness of the allegation, your criminal history, and the circumstances of the case:
- For lower-level charges, you may be given an Appearance Notice, requiring you to attend court on a specified date.
- If you are taken into custody, the police may release you on an Undertaking, which is similar to an Appearance Notice but can include additional conditions.
- You will be held in the arrest processing unit at the police station until your bail hearing.
You may be transferred to the Edmonton Police Service’s Downtown Division at 9620 103A Avenue NW, Edmonton, AB, T5H 0H7, or held for a short period at the Edmonton Remand Centre, at 18415 127 Street NW, Edmonton.
A property crime lawyer from Strategic Criminal Defence will either meet you where you are being detained or speak with you by video link to:
- Explain the next steps with the bail hearing.
- Gather the necessary information to represent you at the hearing (usually conducted by video from your holding cell).
You will need to promise to keep the peace, be of good behaviour, and attend court. Other bail conditions may include:
- No contact with the owner of the property or any co-accused individuals.
- Stay-away order from where the offence occurred.
- No possession of certain equipment and tools (depending on the offence).
- Regular check-ins with a police officer or bail supervisor.
- Notify the court or police of address change(s).
- Drug or alcohol prohibition and treatment.
- Be home by a certain time (curfew).
- Possible ankle bracelet for location-tracking (for serious offences).
The failure to follow bail conditions could risk a return to jail and an additional charge under s. 145 of the Criminal Code. We will advise you on how to prevent this unwanted outcome.
How will we defend your property charge?
First, we will obtain the disclosure package from the Crown. This contains the key evidence against you, including:
- Police reports/notes.
- Surveillance footage.
- Photos/audio recordings.
- Witness statements.
- Forensic evidence, etc.
The disclosure package is provided after the first court appearance. Your lawyer will scrutinise this for potential weaknesses in the Crown’s case before deciding on the best defence.
Depending on the facts and circumstances of your case, we usually adopt one of the following defence strategies for property crime charges:
| DEFENCE | HOW IT APPLIES TO PROPERTY OFFENCES | RELEVANT CHARGES |
|---|---|---|
| Colour of Right | You genuinely believed you had a legal right to the property or to act as you did. The belief need not be reasonable, but must be honest. | Mischief, Break & Enter, Possession of Stolen Property |
| Lack of Intent (Mens Rea) | The Crown must prove you intended to commit the offence. If the act was accidental or unintentional, the required mental element is absent (e.g., a fire started accidentally rather than deliberately). | Arson, Mischief |
| Mistaken Identity | You were wrongly identified as the perpetrator, particularly where surveillance footage is of poor quality, lighting was poor, or the identification relies solely on eyewitness testimony. | All Property Offences |
| Alibi | You can demonstrate you were elsewhere when the offence occurred, supported by witnesses, electronic records, or other corroborating evidence. | All Property Offences |
| Charter Violations | Evidence obtained through an unlawful search, improper arrest, or denial of the right to counsel may be excluded, weakening or collapsing the Crown's case. | All Property Offences |
| Consent | The owner of the property consented to your presence or actions, negating the unlawful element of the offence (e.g., had permission to enter the dwelling). | Break & Enter, Mischief |
| Mental Disorder (NCR) | If you were suffering from a mental disorder that prevented you from appreciating the nature or wrongfulness of the act, you may be found Not Criminally Responsible. | All Property Offences |
| Necessity | You committed the property offence to prevent a greater imminent harm, with no reasonable legal alternative available (e.g., breaking into a building to escape danger). | Break & Enter, Mischief |
| Duress | You were threatened or coerced into committing the offence by another person, leaving you no reasonable choice but to comply. Note: under s. 17 of the Criminal Code, duress is explicitly unavailable as a statutory defence to robbery and arson, though common law arguments may still arise in limited circumstances. |
Mischief, Break & Enter, Possession of Stolen Property |
Will your case go to trial?
Your lawyer may suggest strategies involving negotiations with the prosecution to prevent a criminal trial, depending on the circumstances of your case.
The chances of avoiding a trial increase if:
- It is your first offence/charge.
- The charge is not too serious (no injuries and damage under $5,000).
- You are prepared to be flexible and show remorse.
For very minor offences, first-time offenders may even get a formal caution rather than a criminal charge and record. Charge withdrawal is sometimes possible where:
- The Crown’s evidence is weak,
- The search was unlawful, or
- Prosecution is not in the public interest.
Alternatively, we may be able to argue for a diversion or other pre-trial resolution to limit the consequences for your future:
- Alternative Measures Program (AMP): First-time/minor property offenders. Community service, restitution, or donation. Charges withdrawn; no record.
- Mental Health Diversion: Mental health condition linked to the offence. Complete a treatment or counselling plan. Charges withdrawn; no record.
- Indigenous Restorative Justice: Indigenous accused, most property offences. Complete a healing or justice plan. Charges withdrawn or sentence reduced.
- Restitution order: Victim compensation is the priority. Repay losses in full. Reduces the likelihood of custody.
- Conditional discharge: First-time offenders, minor charges. Complete probation conditions. No conviction registered; record purged after probation.
- Peace bond (s. 810): Charges withdrawn in exchange for a court order to keep the peace for up to 12 months. No conviction; may appear on background checks for up to one year.
FAQs
Get help with a property crime charge in Edmonton
If you’re under investigation or charged with a property crime in Edmonton, contact our team to:
- Review the specific facts of your case.
- Assess the strength of the Crown’s evidence.
- Build a defence strategy tailored to your charge.
- Discuss pre-trial resolutions with the prosecution.
- Prepare for trial if necessary.
Strategic Criminal Defence lawyers have defended individuals in tough situations in Edmonton for 10 years. We understand how the courts approach these cases and will apply our experience to minimize the consequences for you.
Contact us for a free, no-obligation consultation.
Verified By: Michael Oykhman, Senior Criminal Defence Lawyer
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






