If you are facing theft charges, you need a criminal defence lawyer in Toronto to look at your case as soon as possible.
Theft covers a variety of illegal acts, including shoplifting or taking the personal property of a friend, family member, or stranger without their consent. As a form of property crime, these allegations often overlap with related offences—see our Property Crime Lawyers in Toronto page for context.
Theft is generally divided into two categories:
- Theft in an amount over $5,000, and
- Theft in an amount equal to or less than $5,000.
In order to be found guilty of theft in Canada, the Crown Prosecutor must prove beyond a reasonable doubt:
- You moved something, caused something to be moved, or began to move something that belonged to someone else;
- You moved the property with the intent to steal it either temporarily or absolutely without the owner’s consent; and
- The approximate value of the property you tried to steal.
Other common variations of this type of offence include Possession of Stolen Property and Motor Vehicle Theft. If the theft involves violence or the threat of violence, you may instead be charged with Robbery.
For items worth $5,000 or less, theft can be treated as either an indictable offence or a summary offence (less serious). If treated as a summary offence, the punishment can include up to two years in jail, a fine of up to $5,000, 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 theft 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 Toronto theft lawyer today by calling (647) 986-8077.
Key Takeaways
- Theft is divided into two categories: over $5,000 and $5,000 or less, with different penalties for each
- The Crown must prove you moved someone else’s property with intent to steal without their consent
- Theft is a hybrid offence that can be prosecuted as summary (less serious) or indictable (more serious)
- Maximum penalties are 10 years for theft over $5,000 and 2 years for theft under $5,000
- Employment-related theft or amounts over $5,000 significantly increase the likelihood of jail time
- A conviction creates a permanent criminal record affecting employment, especially jobs involving money or valuables
How can a theft lawyer in Toronto help?
Before charges are brought against you, we can give you legal advice to help you understand your options and maybe even stop the charges from being brought. We can use what we know about theft laws and how things work in local courts to get the best possible outcome for your case.
Our team can clearly explain to you how Toronto’s criminal justice system works at every step of the way.
A Strategic Criminal Defence lawyer experienced with theft cases can collect evidence that supports your case, like video that shows you didn’t take the item or receipts that show you own it.
When we need to, we can hire experts like forensic analysts to look into fingerprint or DNA evidence that links you to the stolen property.
Theft Charges in the Criminal Code of Canada
According to section 322(1) of the Criminal Code:
Theft
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 334 of the Criminal Code:
Punishment for theft
Except where otherwise provided by law, every one who commits theft
(a) if the property stolen is a testamentary instrument or the value of what is stolen is more than $5,000, is guilty of
(i) an indictable offence and liable to imprisonment for a term of not more than 10 years, or
(ii) an offence punishable on summary conviction; or
(b) if the value of what is stolen is not more than $5,000, is guilty
(i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or
(ii) of an offence punishable on summary conviction.
Examples of Theft Charges
In Toronto, you could be charged with theft in a lot of different situations, such as:
- Shoplifting items from a retail store without paying
- Taking a friend’s or family member’s personal belongings without permission
- Stealing money from an employer’s cash register
- Removing items from someone’s car without their consent
- Taking packages from someone’s doorstep
- Stealing tools or equipment from a construction site or workplace
Consequences of a Theft Charge
Since many different actions fall under the offence of theft, there is also a wide range of potential penalties if you are found guilty. Your sentence can range anywhere from a discharge (i.e. a finding of guilt, but no criminal conviction), to a fine and/or probation, to a period of jail time.
Theft is a hybrid offence in Canada. The Crown prosecutor can go ahead with a summary charge in less serious cases. If the theft is more serious, they can proceed by indictment.
The Code outlines the maximum allowable punishment for theft as follows:
- For theft of an amount over $5,000: No more than 10 years’ imprisonment;
- For theft of an amount equal to or less than $5,000: No more than 2 years if processed by summary or indictable offence
The potential sentences available to you will depend on a variety of factors, including the amount that was taken, the relationship between you and the alleged victim, your criminal history, and other applicable personal factors. For a deeper overview of sentencing, see our Criminal Sentencing in Toronto page.
While a number of factors could increase the likelihood of jail, two of the most significant factors are:
- The theft was over $5,000; and/or
- The theft occurred in the course of employment, or another trust-based relationship.
If either of these factors are present in your case, the Crown is more likely to seek a jail sentence.
In addition to the immediate penalties resulting from a conviction for theft, it can also have negative impacts on your future. You may have trouble securing employment in the field of your choice. This is especially the case for roles that require handling money or valuable items. The lifelong criminal record that results from a conviction can also impact immigration, travel, and cause child custody issues.
Theft Charge Defences
When someone is accused of theft, there are possible defences which may be available depending on the circumstances:
- Factual Innocence: This is usually the strongest defence because the facts and the evidence do not support you being there, causing the theft, or other basic elements of the offence. This could include:
- No mental intent: A common defence available in theft cases is that you did not intend to take the property. A basic example would be if you accidentally walked out of a store with an item you did not pay for.
- You owned the property: You cannot steal what is actually yours. Documents proving ownership of the property would help raising this defence. However, even if you have a property right for the good, if you take it from another person by fraudulent means, you could still be charged with theft in certain circumstances. For example, you could not use this reason to steal your vehicle back from an impound lot without paying the fee.
- Identity: In some circumstances where the offence was not recorded by surveillance footage, or the footage is poor quality, you may be able to raise an identity defence. For example, authorities could have made a mistake in identifying you as the perpetrator based on the poor quality of the footage. In order to effectively raise this defence, you may need corroborative evidence, such as an alibi to where you were at the time of the offence.
- Violation of Constitutional Rights: The Canadian Charter of Rights and Freedoms sets out your rights before and after your arrest. If the police fail to follow these rights, it could help your defence.
- Colour of Right: This defence may arise when you honestly believed you had a lawful right to property, when in reality you did not. For example, if you took your friend’s car with the honest but mistaken belief that he was lending it to you, even though he was not. In order to raise this defence, you will need to establish a factual basis to show that you honestly and reasonably believed this.
Theft Charge Investigation
An investigation of a theft in Toronto is usually started by a complaint from a witness to the alleged theft. This 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 theft, such as a loss prevention officer at a store. The police will attend the scene and request a written statement from the alleged victim and any other witnesses, then will launch an investigation.
The vast majority of theft investigations occur quickly. The alleged thief may even be present at the scene and in the custody of the loss prevention officer when the police arrive, which is often the case in shoplifting investigations. If the perpetrator of the theft is not present, police will likely access security footage or other records to find out who committed the offence.
After the police have gathered their evidence, they will arrest you if they believe you are the perpetrator. If you are not present at the scene, police will track you down or issue a warrant for your arrest.
After you have been charged, police will provide a package with all the evidence they collected, known as the “disclosure package”, to the Crown Prosecutor. You will have the right to access this disclosure package to see the evidence against you. Once you retain one of our lawyers, we will assist you obtaining the disclosure package, and we will review it with you to assess the strengths and weaknesses in the Crown’s case, as well as any legal defences that may be available to you.
Bail Conditions for Theft Charges
If you are granted bail, you will have to follow some rules. If you break these bail conditions, you could get more charges.
When someone is accused of stealing, the judge usually sets conditions that deal with the risk of them stealing again.
- The most common condition is “Be good and keep the peace.” This means that you can’t break the law again while you’re out on bail.
- People who are accused of stealing are usually told not to go back to the place where the theft happened. For instance, someone who is accused of stealing from a mall might not be able to go back to that mall.
- People who are out on bail for theft have to stay home during certain hours, usually at night, and follow a curfew.
- The court might tell you to check in with the police or a bail supervisor on a regular basis.
These rules will stay in place until the case is over, which could be when the person admits guilt, goes to trial, or the charges are dropped.
