A Victoria property defence lawyer can review every detail of the Crown’s case, from the police investigation to the evidence itself.
Our first goal after your release is to work to prevent a criminal record through a favourable resolution.
Julia Hunter and our team have over 40 years of combined criminal defence experience across Vancouver Island and the BC courts.
We have received:
- The Consumer Choice Award for Best Criminal Defence Firm in Victoria.
- 75+ five-star Google reviews from clients we’ve represented.
- CBC News, CTV News, and Yahoo News coverage for our work in criminal defence.
We’re available 24/7 for anyone who has been arrested or is under investigation.
Arrested for a property offence. What next?
The choices you make in the hours and days after an arrest can shape the rest of your case. Follow these three steps:
- Only speak with the police to confirm your name and address. Anything else you say can be used against you, even if you think it helps.
- Document everything while it’s still fresh. Write down what happened, save texts or emails, and note the names of anyone who saw what took place.
- Speak to a Victoria criminal defence lawyer before your first court date. The earlier we’re involved, the more options we have to resolve your case.
Acting fast gives your lawyer more room to talk with the Crown before your case moves forward. If you haven’t yet been charged, consider pre-charge legal advice. That can help prevent you from making your situation worse.
Contact us for a free, no-obligation consultation.
What are the main property offences in Victoria?
Property offences cover a wide range of charges under the Criminal Code. Each one carries its own penalty and calls for its own defence strategy.
This table shows the most common charges we handle in Victoria:
| CHARGE | WHAT IT MEANS | MAXIMUM PENALTY |
|---|---|---|
| Theft (s. 334) | Taking property without a legal right to it (includes shoplifting). | Under $5,000: 2 years (indictable) or 2 years less a day (summary) Over $5,000: 10 years (indictable) or 2 years less a day (summary) |
| Possession of stolen property (ss. 354 & 355) | Knowingly keeping property obtained by crime. | Under $5,000: 2 years (indictable) or 2 years less a day (summary) Over $5,000: 10 years (indictable) or 2 years less a day (summary) |
| Fraud (s. 380) | Using deceit or false pretences to gain money, property, or services. | Under $5,000: 2 years (indictable) or 2 years less a day (summary) Over $5,000: 14 years (indictable only) |
| Break and enter (s. 348) | Breaking into a home, business, or other building to commit an indictable offence inside. | Dwelling house: Life imprisonment Other premises: 10 years (indictable) or 2 years less a day (summary) |
| Arson (ss. 433, 434, 435, & 436) | Deliberately, recklessly, or negligently setting a fire or explosion that damages property. | Endangering others: Life imprisonment (indictable only) Property damage: 14 years (indictable only) Fraud: 10 years (indictable) or 2 years less a day (summary) Negligence: 5 years (indictable) or 2 years less a day (summary) |
| Mischief (s. 430) | Wilfully damaging, destroying, or interfering with someone else's property. | Under $5,000: 2 years (indictable) or 2 years less a day (summary) Over $5,000: 10 years (indictable) or 2 years less a day (summary) |
Every charge on this list is serious. The way the Crown handles your case depends on the facts. Summary convictions are more common, but the Crown often seeks indictments for serious property offences.
A conviction for a property offence follows you long after you leave the courtroom or serve a jail sentence.
You may face:
- A criminal record that shows up on background checks for jobs, housing, and volunteer work.
- Travel restrictions, including possible denial of entry to the United States.
- Possible deportation for non-Canadian citizens.
- An order to repay the victim, on top of any fine or other sentence.
How can Strategic Criminal Defence help you?
Your lawyer will guide you through the court process.
Most property offence cases in Victoria move through the same judicial steps:
- After your arrest, the police may release you on a Promise to Appear or undertaking (for minor offences).
- If not, the police may transfer you to a holding cell at Victoria Police Headquarters (850 Caledonia Avenue) after fingerprinting.
- Your Strategic Criminal Defence lawyer will then work to negotiate your release at your bail hearing.
- Your first court appearance is at the Victoria Law Courts on Burdett Avenue.
- If you are held in custody, the police may transfer you to the Vancouver Island Regional Correctional Centre in Saanich.
- Your lawyer negotiates with the Crown Prosecution Service. That could lead to a local diversion program or a peace bond that lets you avoid a trial altogether.
- If there is no resolution, your case proceeds to trial in the Provincial Court or Supreme Court of British Columbia.
Working with a lawyer who knows the local courthouse and the Crown counsel can be a real advantage at every stage.
Can we prevent a criminal record?
No lawyer can promise this. However, Julia Hunter spent a decade working inside the Crown Prosecution Service and the Judges’ Chambers. That gives her firsthand knowledge of how the Crown builds these cases and where they tend to fall apart.
With property offences, we can often liaise with Crown counsel early on. This can help resolve the case without a trial and, ideally, without a criminal record. This is more likely if it is your first offence.
Some possible pre-trial resolutions include:
- Diversion through the Alternative Measures Program. If you complete conditions, such as counselling or community service, the Crown withdraws the charge.
- A peace bond. You agree to keep the peace for a set period instead of facing prosecution.
- A stay or withdrawal of charges. For this, we usually need to show the Crown that the evidence against you is too weak to proceed.
- A conditional or absolute discharge. This is a finding of guilt without a formal criminal conviction on your record.
Testimonials
Here’s what clients have said about us. Remember that past results do not guarantee future outcomes.
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What defences can protect you?
Depending on the evidence, we may argue one of the following (or another defence):
- Lack of intent to break the law. Theft, fraud, and mischief all require the Crown to prove you knew you had no right to the property.
- The police charged the wrong person. This can happen in cases built solely on security footage or witness memory.
- Police violated your Charter rights. An unlawful search of your home or car can make evidence inadmissible.
- You had permission to have the property. Or you honestly believed you did.
We build your defence around the weak points in the Crown’s case. That starts after we review the disclosure package of evidence against you.
Frequently asked questions
Contact us for a free, no-obligation consultation.
Verified By: Julia Hunter, Criminal Defence Lawyer
Julia Hunter is a senior criminal defence lawyer at Strategic Criminal Defence in Victoria, BC. She has appeared at every level of court in British Columbia and has defended clients on assault, impaired driving, theft, break and enter, and sexual offence charges. Before moving to defence work, she trained with the Alberta Crown Prosecution Service and the Specialized Prosecutions Branch, giving her direct insight into how the Crown builds its case. Julia holds a Law Degree with Honours from Queen’s University Belfast.
