Property crimes in Toronto include:
- Theft (under and over $5000).
- Fraud (under and over $5000).
- Possession of stolen property (under and over $5000).
- Arson.
- Break and enter.
- Mischief.
With our combined experience spanning over 25 years and more than 1,000 criminal cases, Strategic Criminal Defence can help. Over 120 five-star Google reviews are a testament to our service levels.
Lead lawyer, Dylan Finlay, and our Toronto team are available 24/7 to help you. Talk to us before you talk to the police. We can start work on your defence immediately.
Accused of a property crime? Here’s what to do next
If you’re accused of a property crime, the following should be a priority:
- Do not return, discard, or explain away any property connected to the allegation. This can look like an attempt to hide evidence.
- Say nothing about what you knew or intended, beyond identifying yourself. Intent is often central to the case.
- Write down where you actually were when the alleged crime happened, and who can back that up. This can matter a great deal later.
If you’ve already been charged, talk to a lawyer before your first court date, even if you’re released first.
Contact us for a free, no-obligation consultation.
What counts as a property crime under Canadian law?
Property crime is not one charge. It covers several offences. Each one has its own maximum penalty. This depends on the value involved and the circumstances.
| OFFENCE | WHAT IT MEANS | MAXIMUM PENALTY |
|---|---|---|
Theft over $5,000 s.334(a) |
Taking property worth more than $5,000 without a legal right to it. | 10 years (indictable) or 2 years less a day (summary) |
Theft of $5,000 or less s.334(b) |
Taking property worth $5,000 or less without a legal right to it. | 2 years (indictable) or 2 years less a day (summary) |
Break and enter of a dwelling s.348 |
Breaking into and entering a home to commit an indictable offence inside. | Life imprisonment |
Break and enter of other premises s.348 |
Breaking into and entering a business or other building to commit an indictable offence inside. | 10 years (indictable) or 2 years less a day (summary) |
Possession of stolen property over $5,000 s.354/355 |
Knowingly having property worth more than $5,000 that was obtained by crime. | 10 years (indictable) or 2 years less a day (summary) |
Possession of stolen property, $5,000 or less s.354/355 |
Knowingly having property worth $5,000 or less that was obtained by crime. | 2 years (indictable) or 2 years less a day (summary) |
This isn’t a complete list of property crimes. Other property offences have their own pages, since each raises its own legal issues:
- Fraud means obtaining property or money by lies, rather than by force or stealth.
- Arson means damaging property on purpose, using fire or an explosion.
- Mischief means damaging or getting in the way of someone’s use of their property.
If your case involves one of these crimes instead, visit the linked page for details on that specific charge.
What could happen to you if you’re convicted?
Break and enter of a home stands apart from the rest. It is a straight indictable offence. The maximum is life imprisonment. A discharge isn’t a legal option here, so a conviction always leaves a record.
Other property crimes are hybrid offences:
- They can be prosecuted summarily or by indictment.
- This gives the Crown more flexibility and provides more room to negotiate.
- A conviction can mean a jail sentence and restitution.
What are the long-term effects of a property crime conviction?
A conviction can mean a criminal record that shows up on background checks. It can also lead to immigration consequences if you’re not a Canadian citizen. Problems with travel, education, and other aspects of life are also common.
Preventing these types of penalties should be a priority. A Strategic Criminal Defence lawyer will work to do that.
How can a property crime lawyer help you?
If we provide pre-charge legal advice, we can often help before the police lay charges. We review the evidence closely, including whether the Crown can actually prove you knew the property was stolen or intended to keep it.
What happens after I’m arrested for a property crime?
Most property crime cases start with a report to Toronto police. Sometimes an officer finds stolen property during an unrelated stop. For shoplifting, a Loss Prevention Officer (LPO) may arrest and detain you until the police arrive.
If the police arrest and do not release you:
- Men are usually held at the Toronto South Detention Centre.
- Women are held at the Vanier Centre for Women in Milton.
- You will need to attend a bail hearing at the Toronto Regional Bail Centre on Finch Avenue West.
We can represent you at your bail hearing and argue for the least restrictive bail conditions possible. The Ontario Court of Justice on Armoury Street hears most property crime cases. Break and enter of a dwelling and other serious cases can go to trial before a judge and jury. That trial would be at the Superior Court of Justice on University Avenue.
Depending on the offence, we might need to review surveillance footage, interview witnesses, or examine financial documents. We will also look at whether diversion, a reduced charge, or a full defence gives you the best path forward.
Will my case go to trial?
Often, we can work to resolve a Toronto property crime case before trial. Common paths that your lawyer might explore, especially if it is your first offence, include:
- Withdrawal of charges. The Crown may drop a charge, due to weak evidence, a Charter problem, or issues with how the property was linked to you.
- Diversion or a peace bond. For a first offence with a lower dollar amount, the case can sometimes be resolved without a conviction.
- Reduced or included charge. A more serious charge may be reduced to a lesser one if the evidence doesn’t support the bigger charge.
- A discharge. This can avoid a criminal record, even after a guilty plea (unavailable for break and enter of a dwelling).
What defences can beat a property crime charge?
Property crime cases often come down to intent and evidence. Common defences include:
- Colour of right. If you honestly believed you had a legal right to the property, this can be a full defence, even if you were mistaken.
- Lack of knowledge. For possession of stolen property, the Crown must prove you knew it was stolen, not just that you had it.
- Challenging recent possession. Being found with recently stolen property can lead a court to assume guilt. A good explanation can push back on that.
- A Charter breach. Evidence gathered improperly, or a statement taken the wrong way, can lead to a reduced or dismissed charge.
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