Property crimes include multiple Criminal Code offences, such as:

We can help you defend the charge. In the past two decades of practice in Calgary, the team at Strategic Criminal Defence has:

  • Earned over 700 5-star Google reviews.
  • Defended over 10,000 cases across Canada.
  • Received Three Best Rated® recognition for eight consecutive years.
  • Won the Consumer Choice award twice (2025 and 2026).

4 immediate steps if you’re accused of a property offence in Calgary:

  1. Remain silent with investigators: Don’t attempt to explain your actions to the Calgary Police Service or other investigators.
  2. Immediately call a property offence lawyer: Your lawyer can handle all communications with investigators, insurance companies, etc.
  3. Keep silent on social media: Don’t discuss the incident with anyone, especially on social media.
  4. Prepare for a bail hearing with your lawyer: Tell your lawyer what happened and pass on any relevant evidence you have.

Contact us for a free, no-obligation consultation.

What are property offence charges, and how can they impact your future?

Property offences in Alberta encompass a broad range of criminal acts where the primary target is another person’s or entity’s property:

  • Mischief is the wilful destruction, damage, or interference with another person’s property, ranging from graffiti to disabling computer systems.
  • Arson is the intentional or reckless causing of damage to property through fire or explosion.
  • Breaking and entering is unlawfully entering a place, such as a home, business, or vehicle, typically with the intent to commit an offence inside.
  • Unlawfully in a dwelling house is being present inside a residence without lawful justification, even where no forced entry occurred.

Some law firms include theft, fraud, and possession of stolen goods as ‘property offences,’ but we treat them separately.

Property offences are often hybrid offences, meaning that the Crown can choose to proceed summarily (less serious) or by indictment (more serious), depending on the circumstances.

As soon as you call us, we’ll start working on preventing the most serious consequences of the charge, which include the following penalties:

OFFENCE CHARGE TYPE MAXIMUM SENTENCE FINES
Mischief (damage under $5,000) Hybrid 2 years Up to $5,000 (summary)
Mischief (damage over $5,000) Indictable 10 years 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
Unlawfully in a Dwelling House Hybrid 10 years Court discretion

Some property offences, like mischief and arson, have further classifications under the Criminal Code, resulting in variations of the above penalties. Generally, however, there are no mandatory minimum jail terms for these offences.

Judges in Calgary routinely order repayment of victims in addition to any fines imposed, so the financial implications of the offence may not end with the fine, court fees, and legal fees.

In addition to the sentence itself, the criminal record for a property offence conviction can damage your reputation and limit several key areas of your life:

  • Employment: Many employers conduct background checks, and a criminal record can disqualify you from jobs in finance, security, government, education, and healthcare.
  • Professional licensing: Regulatory bodies may deny or revoke licences for trades, law, medicine, real estate, and other regulated professions.
  • Travel: Entry into countries such as the United States can be refused at the border, as a criminal record is flagged at customs.
  • Immigration status: Non-citizens may face deportation, denial of permanent residency, or refusal of citizenship applications.
  • Housing: Landlords routinely run criminal background checks, making it harder to rent or secure housing.
  • Child custody: A conviction can be raised in family court proceedings and may negatively influence custody or access arrangements.
  • Volunteer work: Many organizations working with vulnerable populations, such as children or the elderly, require a clear criminal record check.
  • Financial opportunities: Bonding, certain insurance products, and some financial licences may be unavailable to those with a criminal record.

To help prevent these consequences, we will immediately start piecing together the evidence to dispute the prosecution’s claims.

Will you be released on bail for a property offence?

If you’re charged with a property offence, you may be released on bail but you could be released from police custody before then if the alleged offence was not too serious.

For instance, with many mischief charges under $5000, the police swear an ‘Information’ before a Justice of the Peace, which constitutes the official charge. This can happen before or after the police even speak to you:

  • It does not require a visit to Spyhill Services Centre (12500 85 Street NW, Calgary, AB T3R 1A2), where most criminal cases are processed.
  • You may receive an Appearance Notice or summons on-site rather than being formally arrested.
  • You may be asked to agree to an undertaking with a stay-away order, rather than attending a bail hearing.

If a bail hearing is necessary, we will meet with you beforehand (in-person or by video) and represent you at the hearing, which is normally conducted via video link between Spyhill and the Calgary Courts Centre (601 5th Street SW).

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

Do we need to prove why you should be released?

Usually, we don’t need to prove why you should be released. The prosecution must demonstrate to the court that you should be detained:

  • To ensure you appear in court when required.
  • To protect the safety of the public.
  • To maintain confidence in the administration of justice.

Reverse onus in bail hearings shifts the burden onto the accused to prove why they should be released rather than the prosecution proving why they should stay detained.

While it currently doesn’t apply to most property offences, proposed amendments to the Bail and Sentencing Reform Act could change this.

Under the proposals, the reverse onus concept could be expanded to other situations impacting public safety, potentially impacting more serious property offence charges.

In such cases, the failure to prove why you should be released will lead to the denial of bail, making representation by a qualified lawyer even more critical at this early stage of the criminal process.

Note that there are also some exceptions under Section 515(6) of the Criminal Code, where property offence charges become a reverse onus situation:

  • You’re accused of committing the offence while already out on bail for another indictable offence.
  • You’re charged with failure to comply with a previous release order or undertaking alongside the current offence.
  • You’re not an ordinary resident of Canada and are charged with an indictable offence.
  • You used a firearm or committed the offence for a criminal organization.

What are the common bail conditions for property offences?

Upon your release, you will need to follow some rules until your case is resolved. These apply to all ‘judicial interim releases’:

  • Keep the peace and be of good behaviour
  • Attend all scheduled court dates or have a lawyer appear on your behalf.

You may also need to follow some or all of these rules:

  • No contact with the owner of the property or any co-accused individuals.
  • Non-attendance at the address or area 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 wearing of an ankle bracelet to track your location (serious offences).

Your lawyer will make submissions to the court seeking the least restrictive conditions possible and explain what you need to do to comply with your release conditions.

What happens at the first appearance?

During your first court appearance at the Calgary Courts Centre, we will request the disclosure package from the Crown, including:

  • The police reports/notes.
  • Bodycam footage.
  • Witness statements.
  • Forensic evidence.
  • Any other evidence compiled by investigators.

How will we defend the charge?

Upon receipt of the disclosure package, we will scrutinise the evidence against you for potential weaknesses in the Crown’s case.

Will you need to go to trial?

Depending on the offence and the strength of the case against you, we can often seek an early resolution (without a trial) through discussions with the Crown Prosecutor.

Resolution negotiations are a critical step that can prevent many of the worst consequences of a charge for a property offence.

Many criminal offences in Calgary are resolved through this negotiation window, especially if they result in:

  • No injuries to anyone.
  • Damages under $5,000.
  • A first criminal charge against the defendant.

Possible diversion options include:

PROGRAM / OPTION FOCUS & ELIGIBILITY TYPICAL REQUIREMENTS FINAL OUTCOME
Alternative Measures Program (AMP) First-time or minor property offenders with no significant record, where the Crown agrees to divert. Suitable for mischief or minor break and enter. Community service, restitution to the victim, or a charitable donation. Charges withdrawn; no criminal record.
Mental Health Diversion (MHD) Cases where a diagnosed mental health condition is directly linked to the property offence (e.g., addiction-driven break and enter). Participation in a treatment plan, counselling, or community mental health support. Charges withdrawn; no criminal record.
Indigenous Restorative Justice Indigenous individuals charged with property offences, resolved through Peacemaking or Restorative Justice processes. Completion of a culturally relevant healing or justice plan, which may include restitution and community obligations. Charges withdrawn; no criminal record.
Formal Caution Very minor property offences involving minimal damage, typically for first-time offenders, where prosecution is not in the public interest. No formal requirements beyond acknowledgment of the official warning. Matter resolved without court; no criminal record.
Restitution Order Cases where the primary concern is compensating the victim for property damage or financial loss rather than punishment. Full or agreed repayment of financial loss or repair costs to the victim. May accompany a conviction or conditional discharge; reduces the likelihood of custody.
Conditional Discharge First-time offenders where a conviction would be disproportionate and not contrary to the public interest. Common for minor arson, mischief, or unlawfully in a dwelling. Probation conditions such as restitution, community service, or counselling for a set period. No criminal conviction registered if conditions met; record purged after probation period.
Peace Bond (Section 810) General resolution tool where the Crown agrees to withdraw charges in exchange for a court order; not a diversion program. Agreeing to keep the peace and follow conditions (e.g., no contact, stay-away orders) for up to 12 months. Charges withdrawn; no criminal record, though it appears on background checks for up to one year.

Note: Eligibility for all programs depends on Crown discretion, the nature and severity of the offence, your criminal record, and whether the victim supports diversion.

What if your case goes to trial?

If no pre-trial resolution is possible, the matter will be decided at a criminal trial. A Strategic Criminal Defence lawyer will:

  • Raise any applicable Charter violations and file motions to have evidence excluded.
  • Present evidence that questions the Crown’s version of events.
  • Present witnesses to support our version of events.
  • Cross-examine the Crown’s witnesses.
  • Protect your interests by seeking ways to limit the consequences through an acquittal or reduced sentencing.

Often, the evidence against the defendant in property offence cases is highly technical.  If necessary, we can hire forensic experts to look into fingerprint or DNA evidence that might link you to the crime scene and to provide expert testimony.

The viability of any defence depends heavily on the specific facts of the case but we typically use the following arguments in property offence cases:

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. Belief need not be reasonable, but must be honest. Mischief, Break & Enter, Unlawfully in a Dwelling
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, Unlawfully in a Dwelling, 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, Unlawfully in a Dwelling
Duress You were threatened or coerced into committing the offence by another person, leaving you no reasonable choice but to comply. All Property Offences

The Crown must prove the charge beyond a reasonable doubt, which we will attempt to make extremely difficult.

We will assess which defences apply to your circumstances and build a case aimed at reducing the consequences.

Successful property offence cases

Case Number: 541687

Our client was charged with 11 counts of mischief and 2 counts of possession of a weapon for dangerous purposes after he and some of his friends drove around a suburban neighborhood damaging multiple cars. Witnesses reported seeing an SUV with several teenagers as occupants driving around in the early morning, striking vehicles with what looked like a baton and slashing tires with a knife. The fenders of cars were broken, and the windows and mirrors of several vehicles were completely smashed in. Some of the witnesses recognized the teenagers, and called the police. Our client was identified as a suspect in the crimes, and was arrested and charged for the alleged offences alongside another co-accused.

Upon being retained we immediately ordered and did a detailed review of our client’s voluminous disclosure. After identifying all weaknesses and inconsistencies in the evidence against our client, we began negotiating with the Crown Prosecutor. Despite the fact there were multiple statements given to the police that implicated our client in the crimes, we were able to effectively persuade the Crown to withdraw all charges against our client prior to trial.

Successful Result: Charges Withdrawn, No Criminal Record

Case Number: 751919

Our client was charged with mischief over $5000 and uttering threats when he deliberately ran into the complainant’s vehicle. The incident occurred after our client saw the complainant walking in a parking lot with his daughter. After seeing the two of them together, our client ran into the side of the complainant’s car, causing approximately $10,000.00 in damages. After hitting the complainant’s vehicle, our client then threatened the complainant by telling him that if he caught the complainant with his daughter again, it would be the complainant that he would strike, instead of his car.

As soon as we were retained, we ordered and reviewed disclosure, and instructed our client to enroll in anger management counselling and ensure that restitution was paid to the complainant. Despite the seriousness of the charges, we were able to leverage our client’s post charge actions and the weaknesses we found in the Crown’s case to successfully resolve the matter by diverting our client into the Alternative Measures Program. As a result, once our client completed the program the charges against him were withdrawn.

Successful Result: Alternative Measures, Charges Withdrawn, No Criminal Record

Case Number: 45470310

Our client was charged with public mischief and given a traffic violation ticket for failing to leave a note after receiving a call from the police informing her that her vehicle had been involved in a hit-and-run. Our client made a fraudulent report that she had left her vehicle at a bar the previous night and that it must have been stolen. The police later learned that our client had been involved in the hit-and-run and arrested her.

Upon being retained, we ordered our client’s disclosure and identified the ideal resolution for our client. We immediately directed our client to enroll in addiction counseling. We also obtained proof of our client’s engagement in volunteer work, a charitable donation, reference letters from family and friends, and an apology letter. We used these documents to support our in-court submissions and we successfully argued for an absolute discharge for our client. As a result, our client avoided a criminal conviction.

Successful Result: Absolute Discharge, No Criminal Record

Case Number: 66680171

Our client was charged with mischief and unlawfully being in a dwelling-house after his ex-wife called the police about a suicide attempt. Our client had pulled out a knife and stabbed himself in the chest after dropping off their two children. The police located our client and apprehended him under the Mental Health Act. Our client then attended the police station voluntarily to be arrested and interviewed.

Upon being retained, we ordered our client’s disclosure and identified the ideal resolution position for our client. We began negotiating with the Crown Prosecutor and successfully convinced them to resolve the matters by way of a peace bond. As a result, our client’s charges were withdrawn and he avoided a criminal record.

Successful Result: Charges Withdrawn, Peace Bond, No Criminal Record

Case Number: 53662253

Our client was charged with breaking and entering and mischief after he broke into his ex-wife’s home. He had attended the property to take items that he felt were his. He broke a window in the downstairs of the home, and then entered the house through an unlocked door. Once inside, he was seen by his daughter. Knowing that her father was not supposed to be in the residence, she called her mother, who then called the police. The Crime Scenes Unit was quickly dispatched to the residence, and our client was arrested shortly thereafter.

Due to the domestic and very serious nature of the offence, the Crown prosecutor’s starting position was 60 days in jail following a conviction. Notwithstanding the Crown’s hard stance and the aggravating nature of the charges, we spent the better part of a day in Court discussing the case and negotiating with the Crown. Owing to our efforts, we were able to convince the Crown to divert charges that would have almost certainly resulted in a conviction had they proceeded to trial. As a result, our client was placed in the Alternative Measures Program (AMP), and the charges against him were withdrawn once he finished AMP.

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

Calgary Provincial Court
Case Number: 22601281

Our client was charged with unlawfully being in a dwelling house after it was alleged that he was heavily intoxicated and entered another person’s home without permission, frightening the homeowner who was watching TV in the living room.

Upon being retained we immediately requested disclosure. We were able to get our client into the Alternative Measures Program, and his charge was withdrawn once he completed the program.

Successful Result: Charges Withdrawn, No Criminal Record

Case Number: 68680213

Our client had a mental health episode after losing his job and wandered into the home of the complainant uninvited. He left after a long conversation with the homeowner but returned 6 weeks later when he was arrested by police. Despite being diagnosed with schizophrenia two decades prior, he had no previous criminal record or history of similar issues.

Upon being retained, we worked closely with our client’s social worker and psychiatrist in order to provide the context behind the incident to the Crown Prosecutor. We met with the Crown and informed them of our client’s background and his intention to continue receiving mental health assistance. We were successful in having our client enter Mental Health Diversion, which ensured he received the help he needed without the burden of a criminal record.

Successful Result: Mental Health Diversion; No Criminal Record

Case Number: 1160128

Our client was charged with Being Unlawfully in a Dwelling House after he had broken into the home of a complainant who was unknown to him. The complainant was sleeping in her home, and when she woke, she found our client sitting on her couch. The complainant instantly called the police to report that an unknown male had entered her home. Upon arriving, the police found our client inside the complainant’s home, and found him to be in a highly intoxicated state.

Upon being retained, we immediately ordered and reviewed disclosure. We identified weaknesses in the case against our client and began resolution discussions with the Crown Prosecutor. Despite the fact that our client was charged with an indictable offence, we were able to successfully advocate for his placement in the Alternative Measures Program. Upon his successful completion of the program the charges against him were withdrawn.

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

Case Number: 2250077

Our client was charged with Breaking and Entering, Theft, and Mischief when he entered his old place of work and was caught on CCTV stealing food and liquor. His former employers also reported that when he broke in, he had also stolen several cheques. After the charges were laid, our client failed to appear for one of his scheduled court dates, giving rise to a charge for a Failure to Appear.

Upon being retained, we reviewed disclosure, identified our ideal resolution for our client’s matter, and ordered a presentence report, which strongly supported our resolution position. We then began extensive resolution discussions with the Crown Prosecutor, where we were able to immediately point out significant weaknesses in the case against our client. Notwithstanding the very serious nature of the offence, we were able to successfully persuade the Crown to join us in an application for a conditional discharge. As a result of our advocacy, we were able to make a successful discharge application before the court, and our client was able to avoid a criminal record.

Successful Outcome: Conditional Discharge, No Criminal Record

Case Number: 756-200144

Our client was charged with arson for setting a condo building on fire. The client was a renter within the condo building. On the day of the fire, the client was suffering from a psychotic episode and had contacted 911 and made comments to the police about wanting to commit suicide in advance of setting the fire. Police attended the condo building before the fire was set, due to the 911 call and suicidal comments. A standoff ensued between the client and police in the hallway, resulting in the police firing a non-lethal round at the client. The client retreated to his apartment and, shortly thereafter, started the fire in his apartment. The damage to the property was in excess of $1 million. As a result of the fire, the client suffered burns throughout his body, as well as internal injuries and broken bones from jumping out of the third-floor window of his unit to escape the fire.

The client retained the services of our firm. We conducted a comprehensive review of the client’s medical history both before and after the fire. The client was prepared to accept responsibility for the arson offence, but was concerned about the impact of a sentence in jail, as he continued to require significant medical support for both his physical and mental health.

The client pleaded guilty to the offence of arson. The Crown prosecutor sought a 3-year jail sentence to be served in a penitentiary. We asked the Court to consider a sentence that focused on rehabilitation, rather than incarceration, in light of the client’s mental and physical health considerations and the positive rehabilitative steps that he had taken since the date of the offence. In the course of the proceedings, changes to the Criminal Code opened up the possibility of a house arrest sentence (i.e., Conditional Sentence Order). We argued that a house arrest sentence would be an appropriate disposition, as opposed to a sentence served in a penitentiary.

The Court agreed with our submission and imposed a conditional sentence order of 2 years less a day, followed by 2 years’ probation. This position allowed the client to continue his rehabilitative path and access mental health and other medical supports in the community.

Successful Result: Conditional Sentence Order imposed; client was able to serve sentence in the community

Testimonials

Dedicated property offence lawyers at Strategic Criminal Defence

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

FAQs

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.

Conditional sentence orders (CSOs) allow some offenders to serve jail time at home under strict rules (‘house arrest’). They are an option for judges in some property offence cases where offenders are struggling with mental health or addiction. In such cases, the focus shifts from strict punishment to rehabilitation.

Property offence convictions may be eligible for a record suspension (formerly a pardon) after a waiting period of 5 years for summary offences and 10 years for indictable offences, provided all sentencing conditions have been satisfied, including restitution and fines.

If you’re charged with a property offence, a lawyer from Strategic Criminal Defence will:

  • Review the details and unique circumstances of your case to identify the strongest relevant arguments to challenge the charge.
  • Gather key evidence, such as police reports, forensic evidence, video footage, witness statements, and expert witnesses, to support the defence argument.
  • 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.

With two decades of experience representing people in tough situations in Calgary, Strategic Criminal Defence lawyers understand how local courts approach property offence cases. We will use this experience to protect your future.

Contact us for a free, no-obligation consultation.

michael-oykhman-thumb

Verified By: Michael Oykhman, Senior Criminal Defence Lawyer

Last Modified: June 2, 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