The penalties for a theft conviction depend mainly on the amount of money involved and your past legal history. Having a skilled and dedicated theft lawyer on your side can help limit the consequences.

The Strategic Criminal Defence team in Toronto has:

  • Handled more than 1,000 criminal cases.
  • Gained over 25 years of criminal defence experience.
  • Received over 120 five-star Google reviews.

Lead lawyer Dylan Finlay and his team know the best theft defence strategies and the local Toronto courts. We’re available 24/7 to start work on your case. Call us before you speak to the police.

Accused of theft? What to do next

Take these four steps before doing anything else:

  1. If a store detains you, stay calm and don’t resist. You don’t have to answer their questions or consent to a search. Only the police can properly search you.
  2. Do not throw away receipts or delete messages. Keep anything that could support your side of the story.
  3. Say as little as possible to the police. Identify yourself, but don’t say much else.
  4. Ask for a lawyer right away. This is your legal right.

Even if the police don’t hold you for a bail hearing, be sure to talk to a lawyer before your first court date.

Contact us for a free, no-obligation consultation.

What counts as theft under Canadian law?

Theft means taking something without the legal right to do so. The two main theft offences are as follows:

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 (by indictment), 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, including most shoplifting. 2 years (by indictment), or 2 years less a day (summary)

Both theft offences are hybrid (can be prosecuted summarily or by indictment). This gives the Crown flexibility in how seriously it treats the case. It also provides room to negotiate with the right defence.

What is the impact of a conviction?

A conviction can mean a criminal record, even for a small, first-time theft. This can have a long-term effect on:

  • Your job, especially if it involves theft from an employer.
  • Your ability to travel, especially to the United States.
  • Your immigration status, if you’re not a Canadian citizen.
  • Your education and housing.

In Toronto, police sometimes add a possession of stolen property charge alongside a theft charge. This can happen even when the facts don’t clearly call for both. A lawyer can review whether the evidence supports each charge.

What happens during a theft case in Toronto?

Most Toronto theft cases start with a report from a store, an employer, or a member of the public. With shoplifting cases, a store’s own loss prevention officer often initiates the case, not the police.

Under the Criminal Code’s citizen’s arrest rules, a store employee can detain you if they:

  • Genuinely witness you taking something, or
  • Have reasonable grounds to believe you did.

They must hand you over to the police without unreasonable delay, and they may use only reasonable force. They cannot search your bags or pockets. That’s a power only police have, and only in certain circumstances. If a store employee went beyond what the law allows, that can become part of your defence.

Will you need to attend a bail hearing?

If the alleged offence is not too serious, the police may release you after laying charges. If that happens, you will receive a notice to appear with some conditions listed.

However, for larger amounts or more serious situations, the police may detain you at:

  • The Toronto South Detention Centre (men), or
  • The Vanier Centre for Women in Milton.

Your bail hearing will be at the Toronto Regional Bail Centre on Finch Avenue West. We can represent you. We will argue for the least restrictive conditions possible. However, you will likely need to report to a bail supervisor, stay away from certain locations, and may need to obey a curfew upon your release.

How can a Strategic Criminal Defence lawyer build your defence?

If you call us before the police lay charges, pre-charge legal advice can prevent you from making your situation worse.

If you’re charged and detained, we start work on your defence. After we receive the disclosure package containing the Crown’s evidence against you, we review:

  • All circumstances surrounding the theft accusation.
  • Exactly how you were detained and searched.
  • Whether the Crown can prove you intended to keep the property.

The Ontario Court of Justice on Armoury Street hears most theft cases in Toronto. Larger or more serious theft cases can go to trial by judge and jury at the Superior Court of Justice on University Avenue.

Can we resolve your charge without a criminal record?

We can often explore options that prevent a trial and a potential criminal record. Pre-trial resolutions in theft cases may include:

  • Withdrawal of charges. The Crown may drop a charge due to weak evidence, a Charter problem, or issues with the arrest or search.
  • Diversion or a peace bond. For a first offence with a lower dollar amount, these resolutions result in no conviction.
  • Reduced or included charge. The Crown can sometimes agree to reduce a serious charge to a lesser one.
  • A discharge. This can avoid a criminal record, even after a guilty plea. It depends on the value involved and your record.

What defences can we use to fight theft charges?

Theft charges often come down to intent and the evidence that the Crown has compiled. Common defences include:

  • Colour of right. You honestly believed you had a legal right to take the property, even if you were mistaken.
  • Lack of intent. Theft requires an intent to deprive someone of their property. An honest mistake isn’t theft.
  • Challenging recent possession. If a court assumes you’re guilty because you were found with recently stolen property, we can challenge that assumption.
  • A Charter breach. If a search or arrest went beyond what the law allows, the evidence can be inadmissible in court.

For complex cases, we can hire experts, such as forensic analysts, to examine fingerprint or DNA evidence to support your case.

Testimonials

While past results do not guarantee future outcomes, here’s what some of our recent clients have said about us:

“Professionalism, clear communication, and genuine commitment”

“I had a very positive experience working with Adv. Dylan Finlay. From the start, he approached my case with professionalism, clear communication, and genuine commitment. He made sure I understood each stage of the process, which helped ease a lot of the stress I was feeling… His guidance and support made a challenging time much more manageable, and I’m truly thankful for his assistance.”

J.M.

“Results I didn’t think were possible”

“Dylan Finlay is extremely knowledgeable and genuinely cares about his clients. He fought hard for me and got results I didn’t think were possible. I would absolutely recommend him to anyone needing a criminal defence lawyer.”

A.K.

“Excellent lawyer in the GTA”

“If in need of an excellent lawyer in the GTA, look no further… Lorant Kiss picked up the phone, and said he would take my case without hesitation. He answered whatever questions I had, calmed me down, reassuring me whatever happens he would be there with me, and most importantly, he managed to allow my case to go smoothly and with the best outcome.”

G.S.

FAQs about theft charges

No. A store’s loss prevention officer can detain you, but only police can search you. If they searched your bag or pockets without your permission, that may have gone beyond what the law allows.

No. If you honestly believed you had a legal right to the item, even if you were wrong, this can be a full defence to theft. The Crown must prove you knew you had no right to take it.

Yes. Courts treat theft from an employer more seriously than theft from a stranger. This is because it involves a breach of trust. This can affect sentencing, even for a first offence with a lower dollar amount.

Yes, this is possible. Theft doesn’t need to be permanent. Meaning to give something back later, or borrowing it without asking, can still count as theft under the law. The circumstances matter greatly in these cases.

Robbery is theft plus violence, or the threat of violence. This includes force used to overcome resistance. Simply carrying a weapon during a theft can also count as robbery. Courts treat robbery far more seriously than theft alone, with a maximum penalty of life in prison.

Contact us for a free, no-obligation consultation.