If you are facing property crime charges, you need a criminal defence lawyer in Toronto to look at your case as soon as possible.
Property offences include a variety of offences that relate to property, including: breaking and entering, theft, mischief, fraud, trespassing at night, and arson. If you need focused help, our Property Crime Lawyers in Toronto explain these charges in detail.
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.
Strategic Criminal Defence is a top Google-rated criminal defence firm in Toronto, 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. Learn why clients hire us.
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 (647) 986-8077.
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.
- First-time offenders often receive more lenient sentences, sometimes avoiding jail entirely.
- With a strong defence strategy, charges might be withdrawn, reduced, or result in acquittal at trial.
How can a Property Crime lawyer in Toronto help?
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.
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.
Our lawyers will know how to deal with the complicated court process in Toronto, file the right motions to exclude evidence that was obtained illegally, and strategically respond to the Crown’s case.
Property Crime in the Criminal Code of Canada:
According to section 322 of the Criminal Code of Canada:
Theft
322 (1) Every one commits theft who fraudulently and without colour of right takes, or fraudulently and without colour of right converts to his use or to the use of another person, anything, whether animate or inanimate, with intent
(a) to deprive, temporarily or absolutely, the owner of it, or a person who has a special property or interest in it, of the thing or of his property or interest in it;
(b) to pledge it or deposit it as security;
(c) to part with it under a condition with respect to its return that the person who parts with it may be unable to perform; or
(d) to deal with it in such a manner that it cannot be restored in the condition in which it was at the time it was taken or converted.
According to section 348 of the Criminal Code of Canada:
Breaking and entering with intent, committing offence or breaking out
348 (1) Every one who
(a) breaks and enters a place with intent to commit an indictable offence therein,
(b) breaks and enters a place and commits an indictable offence therein, or
(c) breaks out of a place after
(i) committing an indictable offence therein, or
(ii) entering the place with intent to commit an indictable offence therein,
is guilty of an indictable offence…
According to section 430 of the Criminal Code of Canada:
Mischief
430 (1) Every one commits mischief who wilfully
(a) destroys or damages property;
(b) renders property dangerous, useless, inoperative or ineffective;
(c) obstructs, interrupts or interferes with the lawful use, enjoyment or operation of property; or
(d) obstructs, interrupts or interferes with any person in the lawful use, enjoyment or operation of property.
Examples of Property Crime Offences
- A man burned down a local business that had just terminated his employment unexpectedly, he was charged with arson.
- A woman broke into her neighbour’s home and stole their TV. She was charged with breaking and entering a dwelling home and theft under $5000.
- A student pickpocketed a man’s credit card and used it to buy electronics. When he was caught, he was charged with stealing the credit card and fraud over $5,000.
Consequences of a Property Crime Offence
Theft over $5,000 is more serious. It’s 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.
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
Your best defence depends on the severity of the charge.
If you have been charged with a less serious property offence in the Greater Toronto Area, such as shoplifting (theft under $5,000), you may be eligible for the Alternative Measures Program (AMP). This program requires you to do some community service in exchange for the Crown prosecutor withdrawing the charges. One of our skilled criminal defence lawyers can assist in determining whether AMP is an attainable and desirable resolution in your case.
If you have been charged with a serious property offence, it may be in your best interest to go to trial. Proving that you committed the offence in question may be quite difficult. For example, if you are charged with fraud over $5,000, it must be proven that you deprived a person of money or something valued over $5,000, and that you deprived this person of that value by deceit.
During the investigation, if the police violated your Charter rights, evidence can be excluded – making the Crown prosecutor’s job even harder. One of our skilled criminal defence lawyers can review the evidence in your case and assess your chances at trial.
Property Crime Charge Investigation
Depending on the type of property offence you have been charged with, the investigation conducted by police differs. For a shoplifting (theft under $5,000) offence, police may not have conducted an investigation at all, rather the investigation was conducted almost entirely by a Loss Prevention Officer (LPO). An LPO is a privately-hired security guard, and may operate undercover, meaning he or she appears as a regular shopper. The LPO may have arrested you and detained you prior to police arriving. When the police did arrive, they may have provided you with an opportunity to speak to a lawyer.
For one of the more serious property offences, police likely conducted a more extensive investigation prior to your arrest. For a breaking and entering or theft over $5,000 offence, police likely consulted surveillance footage along with interviewing potential witnesses. For a fraud offence, police likely interviewed potential witness, and may have consulted financial documents produced by a bank. Once you were arrested, police likely asked you for a statement, but before making a statement you had the right to speak to a lawyer.
If you decided not to call a lawyer before making a statement to police, or did not like the advice the lawyer gave you on the phone, it’s not too late. Contact one of our skilled criminal defence lawyers to determine your best defence.
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. 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.
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.
