Section 334 of the Criminal Code identifies two categories of theft:

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

A conviction for either can impact career plans, travel, education, immigration status, and more for the rest of your life.

Over the past decade in Edmonton, the team of lawyers at Strategic Criminal Defence has earned the Consumer Choice Award in consecutive years (2025, 2026), achieved a BBB A+ rating, and attracted over 140 5-star Google reviews.

We can defend your theft charge, whether it involves minor shoplifting or large-scale theft over $5,000.

Have you been arrested for theft in Edmonton? What now?

  • Do not answer police questions. Don’t explain yourself or volunteer information. Say “no comment” if asked questions.
  • Contact a criminal defence lawyer: Don’t wait until you’re formally charged. Early legal advice may prevent charges from being laid at all.
  • Do not consent to searches or volunteer evidence. The police must follow proper legal procedures to search you, your vehicle, or your property.
  • Do not contact any complainants or witnesses. This includes store employees, loss prevention officers, or anyone else involved in the incident.

Contact us for a free, no-obligation consultation.

Testimonials

“Charges were dropped thanks to Mr. Haroon.”

“I called Ahmed before taking a plea deal under the advice of a previous lawyer. Ahmed gave me advice on how to proceed, and I retained him the next day. He took his time and became familiar with my case. He found many things wrong with the prosecution’s case against me, and made sure I was aware of everything…after being prepared for a trial, my charges were dropped thanks to Mr. Haroon.”

Y.D.

“Seasoned professional”

“As an immigrant, my worries went slightly beyond just the possibility of incarceration but also deportation by Immigration. I knew I required a seasoned professional to help navigate what could turn out to be a double whammy, so I sought Strategic Criminal Defence out.
Ahmed Haroon must have gone over and beyond to get me a very good deal during resolution with the Crown, one that saw the Crown agreeing to drop all criminal charges eventually.”

J.J.

What is theft, and how can a charge impact you?

Theft is defined under s. 322 of the Criminal Code as the fraudulent taking of someone else’s property with the intent to temporarily or permanently deprive them of it, without the belief that you had a legal right to it.

The actions and financial loss resulting from the offence vary but, in each case, theft is considered a breach of societal trust.

Examples of theft charges in Edmonton

Typical actions that lead to theft accusations in Edmonton include:

  • A retail worker skims small amounts of cash from the register over several weeks, knowing their employer will not notice until a stocktake is conducted.
  • A person slips a bottle of liquor under their jacket at a grocery store and walks past the checkout without paying.
  • A financial advisor systematically transfers client funds into a personal account over a period of years, concealing the transactions and depriving clients of hundreds of thousands of dollars.

The criminal penalties for theft are outlined here:

OFFENCE KEY FACTS MAXIMUM SENTENCE
Theft over $5,000 — s. 334(a)

Hybrid; Crown usually proceeds by indictment.

No mandatory minimum.

10 years
Theft under $5,000 — s. 334(b)

Hybrid. No mandatory minimum.

First-time offenders unlikely to receive custody.

2 years (indictable)

2 years less a day and/or $5,000 fine (summary)

Theft by person required to account — s. 330 Hybrid. Fraudulently failing to pay over money or property received on terms requiring an accounting (e.g., an agent or trustee).

14 years (over $5,000, indictable)

2 years less a day (summary)

Theft of credit card or data — s. 342 Hybrid. Stealing, forging, or using a credit card or credit card data obtained by an offence.

10 years (indictable)

2 years less a day and/or fine (summary)

Theft by power of attorney — s. 332 Hybrid. Fraudulently converting funds while acting under a legal power of attorney.

14 years (indictable)

2 years less a day (summary)

For hybrid offences, the Crown decides whether to proceed by indictment or summary conviction, based on the accused’s criminal record and the sophistication of the theft.

There is no mandatory minimum for any theft offence; a judge may impose no jail time at all, particularly for a first-time offender. Your lawyer will work to limit the consequences from the start of the case until it is resolved.

What are the longer-term consequences of a theft conviction?

The long-term consequences can be even harsher than the criminal penalties:

  • Employment: Disqualification from finance, oil and gas, law, and other industries, as well as an impact on professional licences.
  • Financial: Courts frequently order full restitution under s. 738.
  • Housing: Rental applications are routinely denied by landlords.
  • Freedom of movement: Probation conditions under s. 732.1 may bar you from specific areas.
  • Travel: Theft can bar you permanently from entry into the US.
  • Immigration: Theft over $5,000 risks deportation or loss of permanent residency under IRPA s. 36(1).
  • DNA databank: For certain offences, the Crown may seek a DNA order under s. 487.051.

What happens after your arrest and charge for theft?

Theft investigations in Edmonton are typically handled by:

  • The Edmonton Police Service district patrol officers and follow-up investigators, depending on the complexity of the case.
  • The EPS Tactical Response to Auto-theft Prevention (TRAP) team for vehicle-related offences.
  • RCMP detachment investigators, if the alleged offence falls outside EPS jurisdiction.

If you’re aware of an investigation or have already been arrested, pre-charge legal advice from a Strategic Criminal Defence lawyer will seek to prevent your situation from becoming worse and can sometimes prevent charges from being laid.

Will you be held pending bail?

You may be held pending bail for more serious theft charges. Often, however, you will be released after photographing and fingerprinting, on:

  • An Appearance Notice requiring you to attend court on a specified date.
  • An Undertaking, which is similar to an Appearance Notice but can include additional conditions.

For very minor offences, a police officer may issue an on-scene Appearance Notice, with fingerprinting scheduled for a later date listed on the notice (this must be completed before the first court appearance).

If a bail hearing is required, you will be held for a short time at the arrest processing unit at the police station or transferred to the Edmonton Police Service’s Downtown Division at 9620 103A Avenue NW, Edmonton, AB, T5H 0H7.

You may even be transferred to the Edmonton Remand Centre, at 18415 127 Street NW, Edmonton, until your release.

Regardless of where you are held, a Strategic Criminal Defence lawyer will:

  • Meet with you to discuss your bail hearing.
  • Inform your family of your whereabouts.
  • Represent you at the bail hearing (usually by video from your holding cell).

We will argue for the least restrictive bail conditions, but you may have to:

  • Stay away from the complainant(s) and security personnel.
  • Stay away from certain locations (e.g., the complainant’s home, workplace, or retail area).
  • Check in regularly with a bail supervisor or police officer.
  • Reside at a specific address and notify the court of any change.
  • Abide by a curfew or house arrest (in serious cases).
  • Surrender your passport and remain in the jurisdiction.

We will ensure you understand all of your bail conditions so that you don’t inadvertently breach them and land an additional criminal charge.

How could my theft case be resolved?

A criminal trial is necessary only in a minority of theft cases.

The greater the value of the theft and the more prior offences on the accused’s record, the more likely a trial becomes.

For first-time offenders and minor offences especially, there is a good chance the case will be resolved through a pre-trial resolution, including:

  • Alternative Measures Program (AMP): First-time, minor theft under $5,000. Community service, restitution, or donation. Charges withdrawn; no record.
  • Restitution order: Full repayment of the stolen property’s value to the victim. Reduces the likelihood of custody, particularly for first-time offenders.
  • Conditional discharge: First-time offenders, minor theft only. Complete probation conditions. No conviction registered; record purged after probation ends.
  • 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.
  • Mental Health Diversion: Where a diagnosed mental health condition or addiction directly contributed to the theft. Complete a treatment or counselling plan. Charges withdrawn; no record.
  • Indigenous Restorative Justice: Indigenous accused charged with theft offences. Complete a culturally relevant healing or justice plan. Charges withdrawn or sentence reduced.

Charge withdrawal is also possible where the Crown’s evidence is weak, the search or seizure was unlawful, or prosecution is not in the public interest.

We will know more (and advise you accordingly) after we have a full understanding of the evidence and discussed it with the Crown Prosecutor assigned to your case.

What are the main defences for theft?

Your lawyer will scrutinise the Crown’s evidence from the disclosure package obtained after the first appearance.

Based on our careful analysis and any additional evidence that supports your version of events, we will select one of the following defences:

DEFENCE HOW IT WORKS
Colour of Right You had an honest belief, even if factually wrong, that you had a legal right to the property. The belief need not be reasonable, but must be sincere.
Lack of Intent Theft requires fraudulent intent to deprive the owner of their property. An accidental taking, such as forgetting to pay for an item, does not meet that threshold.
Mistaken Identity/Alibi You were not the person who committed the offence. CCTV footage, GPS data, or witness testimony can establish you were not at the scene.
Intention to Return You took the item with a genuine and immediate plan to return it intact. Theft requires an intent to deprive permanently.
Necessity/Duress You were forced to steal to avoid immediate peril or a direct threat of bodily harm, with no reasonable legal alternative available.
Charter Violations Evidence obtained through an unlawful search or in breach of your right to counsel may be excluded, weakening or collapsing the Crown's case.

FAQs

No. Shoplifting is prosecuted under the same theft provisions of the Criminal Code as any other theft. The value of the goods determines whether it proceeds as theft under or over $5,000, with the same potential penalties applying.

There is no formal minimum value threshold for a theft charge in Canada. However, for very low-value thefts involving first-time offenders, the Crown may exercise its discretion not to prosecute if doing so is not in the public interest.

Yes. Returning stolen property does not undo the offence. Theft is complete at the moment the item is taken with fraudulent intent. Returning the item may, however, influence sentencing or support a pre-trial resolution such as a conditional discharge.

Possibly. If you assisted, encouraged, or aided another person in committing theft, you may be charged as a party to the offence under s. 21 of the Criminal Code, even if you never personally took anything.

Theft is the taking of property without consent. Fraud involves deceiving someone into voluntarily parting with property or money. Robbery is theft combined with violence or the threat of violence. Each is a distinct offence carrying different penalties under the Criminal Code.

Get help with theft charges in Edmonton

If you’ve been charged with theft in Edmonton, a lawyer from Strategic Criminal Defence will:

  • 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.

Our theft lawyers provide clear guidance, strong defence strategies, and dedicated support to help protect your rights and pursue the best possible outcome.

Contact us for a free, no-obligation consultation.

Verified By: Michael Oykhman, Senior Criminal Defence Lawyer

Last Modified: August 3, 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