If you are facing possession of stolen property charges, you need a criminal defence lawyer in Toronto to look at your case as soon as possible.
Possession of stolen property is having property knowingly received through crime in your control, a type of property crime. It is not relevant whether you were the one who stole the property, but simply whether it is in your possession and you knew it was stolen.
This offence can be treated in two ways. It can be prosecuted as an indictable offence or as a summary conviction offence. This makes it what’s called a “hybrid” offence, where the Crown prosecutor decides how to proceed based on the circumstances.
If prosecuted as an indictable offence and the value of the property exceeds $5,000, the maximum punishment is 10 years in prison. If the value is less than $5,000 and it’s still treated as an indictable offence, the maximum sentence is 2 years in prison.
When prosecuted as a summary conviction offence, the punishment can include a fine of up to $2,000, up to six months in jail, or both.
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 possession of stolen property 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 (647) 986-8077.
Key Takeaways
- Possession of stolen property is when you have items that you know were stolen, even if you didn’t steal them yourself.
- This is a “hybrid” offence in Canada’s Criminal Code, meaning it can be treated as either serious (indictable) or less serious (summary).
- For property worth over $5,000, you could face up to 10 years in prison if convicted.
- For property worth less than $5,000, you could face up to 2 years in prison or a $2,000 fine.
- These charges can be beaten. The Crown must prove you knew the property was stolen, if they can’t prove this knowledge, you may be found not guilty.
How can a possession of stolen property lawyer in Toronto help?
If you’re being investigated but haven’t been charged yet, our lawyers can give you important legal advice before you talk to the police and what to expect in the court process.
We can look for and collect evidence to disprove the Crown’s case, like receipts that show you bought things legally or witness statements that say you didn’t know the property was stolen.
We always make sure that your rights are protected.
Possession of Stolen Property in the Criminal Code of Canada:
According to section 354 of the Criminal Code:
Possession of property obtained by crime
(1) Every one commits an offence who has in their possession any property or thing or any proceeds of any property or thing knowing that all or part of the property or thing or of the proceeds was obtained by or derived directly or indirectly from
(a) the commission in Canada of an offence punishable by indictment; or
(b) an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence punishable by indictment.
Examples of Possession of Stolen Property Offences
- A student buys a brand new specialty bike off craigslist for $100. She knew it was stolen because of the price but didn’t ask any questions. The police later tracked the bike and found her in possession of it.
- A man is gifted some TVs from his dad who said they “fell off a truck”. The man later locate the stolen electronics in his home.
- Someone who doesn’t have the right documents sells a car to a student for cash. The police stop the car and find out that it is stolen. The student is being charged because he didn’t check to see if the car was legal to sell.
Consequences of a Possession of Stolen Property Offence
The Criminal Code outlines the maximum allowable punishment for possession of stolen property:
- For property valued over $5,000: Maximum 10 years of jail time.
- For property valued under $5,000: Maximum 2 years of jail time.
The potential sentences available to you will depend on a variety of factors, including the amount of property, any relationship between you and any alleged victim, your criminal history, and other applicable personal factors.
While a number of factors could increase the likelihood of jail time, some of the most significant factors are:
- Whether the property value was over $5,000;
- Whether the property was brought into Canada from another country; and
- Whether the offence involved communication with a criminal organization.
For property valued under $5,000, if prosecuted as a summary conviction offence, you could face up to 6 months in jail, a fine of up to $5,000, or both.
A conviction can also give you a permanent criminal record, which could make it harder for you to get some licences, travel, or find work. A lot of employers check criminal records as part of their background checks.
Possession of Stolen Property Offence Defences
Here are some defences that could be available to you, depending on circumstances:
- Not Knowing: To convict you of having stolen property, the Crown must show that you knew it was stolen. This defence might work if you had a good reason to believe that the item was legally obtained, such as getting a receipt or buying it from a seller who seemed trustworthy.
- You owned the property: Property cannot be stolen if it is legally yours. Therefore, if you are able to establish that it was yours, you may be able to defend yourself against the charges. Documents proving ownership of the property will likely be of significant assistance in raising this defence.
Possession of Stolen Property Charge Investigation
An investigation of an allegation of possession of stolen property in Toronto is typically initiated by a complaint from a witness to the alleged stolen property. This witness may be the alleged victim, who claims that their personal property was taken without their consent, or it may be someone who claims to have witnessed the property enter your possession.
The police will attend the scene and request a written statement from the alleged victim or any other witnesses, then launch an investigation. If the police search you for a different reason, but discover allegedly stolen property during the search, they may begin a new investigation relating specifically to the property.
The police first check the serial numbers against reports of theft or call the owners to make sure the property is really stolen.
Next, they try to prove that the suspect knew (or should have known) that they were stolen. They often look for emails, texts, or online accounts that show they were aware of the crime.
Investigators might also talk to people who saw you with the things or look at video from security cameras where the things were found.
Bail Conditions for Possession of Stolen Property Charges
You may be able to stay out of jail until your court date but the court will give you conditions to follow.
- The most common condition is that you have to go to all of your court dates. If you don’t go to court, you could get new charges and lose your bail.
- You might be told to stay away from online marketplaces, thrift stores, and pawn shops where stolen goods are often sold. The court might also tell you not to talk to any of the people who are said to be victims or co-defendants.
If you break any of the rules of your bail, you might get new charges and have to go back to jail right away.
