Property crimes in Canada include a number of offences that involve interfering with someone else’s property. Theft, break and enter, mischief, and fraud are the most common property crimes.

When someone takes something that belongs to someone else without their permission and plans to keep it, that’s theft. Theft is a hybrid offence, which means it can be charged as either a summary or an indictable offence, depending on how much was stolen. 

The most time someone can spend in prison for stealing more than $5,000 is 10 years. If the crime is treated as an indictable offence, the maximum sentence is two years. If it is treated as a summary offence, the maximum sentence is six months and/or a $5,000 fine.

Break and entering means going into a place without permission with the goal of committing a crime. In most cases, it’s an offence that can lead to up to 10 years in prison for places that aren’t homes and up to life in prison for homes.

Mischief is when you interfere with someone else’s property. The punishment can be different depending on how serious the offence is. A summary offence can get you a $5,000 fine and six months in jail. If an indictable crime puts someone’s life in real danger, it can lead to up to 10 years in prison.

If you are found guilty of any of these property crimes, you will have a criminal record that can affect your job, travel, and other parts of your life.

Strategic Criminal Defence is a top Google-rated criminal defence firm in Calgary, with over 500 5-star reviews. Our firm, and our experienced legal team, have defended clients in over 10,000 criminal cases. Leveraging our extensive network of lawyers and decades of experience, we craft defence strategies to help those accused of a property crime beat the charge.

The lawyers at Strategic Criminal Defence are both highly experienced and dedicated to defending your rights and future in the face of these charges. Contact a lawyer today by calling (403) 719-6410.

Key Takeaways

  • Property crimes include theft, break and enter, mischief, fraud, and possession of stolen property.
  • Most property crimes are “hybrid offences,” meaning they can be treated as either serious (indictable) or less serious (summary) depending on circumstances.
  • Theft over $5,000 can result in up to 10 years in prison, while theft under $5,000 typically results in up to 2 years or less.
  • Being charged of breaking and entering into a home can lead to life imprisonment in the most serious cases.
  • Common bail conditions include staying away from the location of the alleged crime and not possessing break-in tools.
  • First-time offenders often receive more lenient sentences, sometimes avoiding jail entirely.
  • Property crime charges can be beaten. The Crown must prove all elements of the offence beyond reasonable doubt.
  • With a strong defence strategy, charges might be withdrawn, reduced, or result in acquittal at trial.

How Our Lawyers Help With a Property Crime Charge

A Strategic Criminal Defence lawyer can give you legal advice from the start that will help you understand the investigation and seriousness of potential charges. 

  • We can advise you on how and when to communicate with the police. This is very important when it comes to property crime and your statements can and will be used against you in your case. 
  • Our lawyers will look for evidence to back up your defence, like receipts that show you really bought something, security footage that shows you weren’t there, or witness statements that agree with what you say happened. 
  • If we need to, we can also hire forensic experts to look into fingerprint or DNA evidence that might link you to the crime scene and provide expert testimony.
  • Our lawyers will know how to deal with the complicated court system, file the right motions to exclude evidence that was obtained illegally, and strategically respond to the Crown’s case.

Examples of Property Crime Offences

  • At night, a man broke a window to get into his neighbor’s garage. He stole a $700 bike after he got inside. The police found him with the stolen things the next day. He was accused of breaking and entering and theft of less than $5,000, which are offences against property.
  • A woman was mad at her ex-boyfriend, so she used a key she still had to get into his apartment while he was at work. She wrote messages on his walls with spray paint, broke his TV, and cut up his clothes. She was charged with mischief and breaking and entering.
  • A student found a wallet in the mall. He didn’t turn it in; instead, he took the credit cards inside and used them to buy $6,500 worth of electronics online. When he was caught, he was charged with stealing the wallet, having stolen property (the credit cards), and fraud over $5,000.

Consequences of a Property Crime Offence

The Crown prosecutor can choose to go ahead with either a summary conviction (less serious) or an indictment (more serious) for most property crimes.

  • Theft over $5,000 is more serious. It’s also a hybrid offence with no minimum sentence, but the maximum penalty when prosecuted by indictment is 10 years imprisonment.
  • Break and enter carries different penalties depending on where the offence happened. Breaking into a home (dwelling house) is an indictable offence with a maximum sentence of life imprisonment. For non-dwelling places like businesses, the maximum is 10 years. 
  • Depending on how much and what kind of damage was done, mischief (property damage) can be a summary or an indictable crime. If someone is charged with mischief and the amount is less than $5,000, they could spend up to two years in jail. If the charge is less than $5,000, they could spend up to six months in jail. If it involves property worth more than $5,000, you could go to jail for up to ten years.
  • For most property crimes, judges order an accused to repay victims as well as any other fines. This means that you might have to pay back the value of property that was stolen or damaged, on top of any fines you have to pay.

If you’re found guilty of a property crime, you’ll have a criminal record. This can hurt your reputation, make it harder to travel, and make it harder to find a job for years to come.

Property Crime Offence Defences

Depending on your situation, you may be able to use a number of legal defences if you are accused of a property crime: 

  • For many property offences, the Crown has to show that you had a clear goal in mind. For example, in theft cases, they have to show that you meant to keep the owner’s possessions. This could be a strong defence if you really thought the property was yours or that you had permission to use it. 
  • The police have to use circumstantial evidence, security footage, or fingerprints to find the people they think are responsible for property crimes when there aren’t always witnesses. Cameras don’t always take clear pictures, fingerprints might belong to someone who has touched the item before, and eyewitness accounts might not always be true. Our team could show that you weren’t there when the crime happened (an alibi), question the quality of the security video, or question how accurate the witness identifications were.
  • If the police violated your Charter rights while investigating you, they might not be able to use the evidence they found against you in court. Some common violations are searching you without a valid warrant, keeping you in jail without a good reason, or not letting you hire a lawyer. For example, our group might say that the police shouldn’t be able to use evidence if they searched your house without a warrant and found things they thought were stolen.

Property Crime Charge Investigation

When the police look into crimes against property, they follow a set of steps to collect evidence.

  • Usually, the process starts when someone calls the police to say that there has been a break-in, theft, or damage to property.
  • The police will talk to the person who was robbed to find out what was stolen, how much it was worth, and any other details that could help them find the thief, like serial numbers. 
  • They will search pawn shops and online marketplaces for stolen items, talk to witnesses, and watch any security footage available.
  • When the police are looking into a break-in, they look for tool marks, footprints, or broken locks to figure out how the suspect could have entered.

Bail Conditions for Property Crime Charges

If you are accused of a property crime, you might be able to be released on bail until your court date. 

You have to follow some rules while you’re out on bail until your trial. 

  • If the offence is theft, the court will likely tell you to stay away from the store or place where it happened. 
  • You might not be able to go somewhere like a specific mall if you are accused of stealing from there. 
  • When someone is arrested for breaking and entering, they might be told to stay away from the victim’s home and maybe even their job. 
  • The court might tell you that you have to be home by a certain time, usually at night when most break-ins happen. 
  • You also won’t be able to get tools like lock picks, crowbars, or other things that are made to break in.
  • If you are charged with vandalism or mischief, your bail conditions may say that you can’t go near the property that was damaged and that you can’t have anything that could be used for vandalism, like spray paint or other tools for graffiti.

Here are some common bail conditions for all types of property crimes:

  • Regularly going to the police station or bail supervisor 
  • No contact with the people who were supposed to be victims or witnesses
  • Having a permanent address and letting the police know if you move
  • Not owning any guns
  • If you commit a more serious property crime, you might have to wear an ankle bracelet that tracks where you are.

For more information, visit our page on The Bail Hearing Process in Calgary.

Frequently Asked Questions

There are a lot of factors that can affect whether or not you go to jail, like how much the property that was stolen or damaged was worth, if violence was involved, and your own situation. If someone steals or damages property for the first time and it costs less than $5,000, they usually don’t go to jail. Instead, they get probation, community service, or a conditional sentence. You could go to jail for breaking into someone’s house or stealing more than $5,000 worth of things, even if it’s your first time. The court will look at things like whether you feel bad about what you did, whether you’ve tried to make things right with the victim, and whether you have community support.

Yes. People who commit property crimes can sometimes get conditional discharges. Especially if it’s their first time and the crime isn’t too serious. If you get a conditional discharge, you are guilty but not convicted. You have to meet certain requirements for a certain amount of time.

Yes, sometimes. The court may order restitution in some cases of property crime. This means that the person who did the crime has to give back what they took from the victim. Restitution can include the value of things that were stolen, the cost of fixing property that was damaged, or the costs the victim had to pay because of the crime.