Our firm has handled everything from a single shoplifting allegation to large theft cases. Our  Victoria team, led by Julia Hunter, reviews the case details. No two files are treated the same.

An early call to us can change how the rest of your case unfolds:

  • 40+ combined years of criminal defence experience.
  • 75+ 5-star Google reviews from past clients.
  • Winner of the Consumer Choice Award (Best Criminal Defence Firm in Victoria).

Our team handles criminal defence only. When you call, you have our full attention. We’re available 24/7 for urgent calls after an arrest or police contact.

Accused of theft? What now?

Taking the right steps early on can protect you before your case even reaches court:

  1. Say as little as possible to police or store security. You don’t have to explain yourself on the spot. Your words can come back to haunt you.
  2. Keep receipts and records. Hold on to any receipts, messages, or witness contact details that back up your version of events.
  3. Call us as soon as possible. We may be able to speak with the Crown Prosecutor early about diversion or a possible resolution before your case gets to court.

If you’re under investigation for theft and the Crown has not yet laid charges, pre-charge legal advice can help.

A Strategic Criminal Defence lawyer can step in and prevent you from making your situation worse.

Contact us for a free, no-obligation consultation.

How can theft charges impact you?

Theft is a non-violent property offence under Section 322 of the Criminal Code.

It covers a variety of illegal acts, including:

  • Shoplifting from a retail store.
  • Taking the personal property of a friend, family member, or stranger without their consent.
  • Taking money or property from an employer or client.
  • Keeping property that was lent to you or delivered to you by mistake.
  • Failing to return a rental item, such as a vehicle or equipment.

The penalty for theft depends mainly on the value and type of property taken:

VALUE OF PROPERTY OFFENCE TYPE MAXIMUM PENALTY
Over $5,000 Indictable offence Up to 10 years in prison.
$5,000 or under Hybrid offence (Crown chooses) Up to 2 years in prison on indictment, or a lesser penalty on summary conviction.
Motor vehicle (s. 333.1) Hybrid offence, separate charge Up to 10 years in prison, with a mandatory minimum on a third conviction.

Beyond a possible criminal sentence, a theft conviction can bring lasting consequences:

  • A permanent criminal record. The conviction is visible on standard background checks.
  • Employment barriers. Roles that involve handling money or a bond of trust may be off-limits.
  • Travel restrictions. You have a higher chance of being turned back at the U.S. border.
  • Immigration consequences. Non-Canadian citizens may be removed from the country.

How can we help after a theft arrest in Victoria?

Knowing what happens at each point of the criminal process relieves some of the stress and helps you make better decisions. We will guide you through each step from arrest to case resolution.

Working for your release

The local Victoria, Saanich, or Oak Bay police may release you with conditions, such as staying away from a store. Alternatively, they may hold you for a bail hearing. This depends on the value taken and your record. Reach out to us anytime, and we can start working to protect you right away.

Possible detention

Serious allegations, including repeat offences, can mean a stay at the Vancouver Island Regional Correctional Centre on Wilkinson Road. We move fast to get you in front of a judge and propose release terms a court can accept.

Representation at your first appearance

The Victoria Law Courts on Burdett Avenue usually handle theft cases. We can stand in for you at this stage. We also push the Crown for full disclosure, so we know exactly what evidence supports the charge.

Negotiating with the Crown

Your theft lawyer can weigh a resolution against going to trial at the Provincial or Supreme Court.

Resolutions we may be able to discuss with the Crown include:

  • Diversion. You complete conditions, like restitution, and the Crown withdraws the charge.
  • Peace bond. You agree to set conditions for a period. The charge does not become a conviction.
  • Withdrawal of charges. The Crown drops the charge. This may happen if we identify weaknesses in the evidence.
  • Conditional or absolute discharge. The court registers no conviction. This may apply to theft under $5,000 in the right circumstances.

If the Crown will not resolve the matter, we will shift straight into building your case for trial.

Julia Hunter interned with the Alberta Crown Prosecution Service. That gives her a clear view of how the Crown builds a case against you, and can help when we build your defence.

What defences can protect you against a theft charge?

The most common defence approaches for theft are:

  • Colour of right. You honestly believed the property was yours, or that you had permission to take it.
  • Lack of intent. The Crown must prove you meant to permanently or temporarily deprive the owner of the property, not just that you were in possession of it.
  • Mistaken identity. Store security footage and eyewitness accounts are often unreliable, particularly in busy retail settings.
  • Charter challenges. If police searched you, your bag, or your home without proper legal authority, that evidence may be excluded from your case.

Testimonials

Here’s what clients have said about us. Remember that past results do not guarantee future outcomes.

“Exceptional to work with”

“Julia was exceptional to work with. She calmly and clearly walked me through every step of the process and made sure my expectations were realistic and fully understood. She was always quick to respond to my emails, and her professionalism made a stressful situation much easier to manage. Thanks to Julia’s hard work, we achieved a successful outcome. I’m truly grateful and highly recommend her.”

L.M.D.

“A fair resolution to an unfair situation”

“Julia Hunter helped me get a fair resolution to an unfair situation. She was always quick to reply to any questions and always listened carefully and responded thoughtfully. If you are new to navigating the legal system, she is a good resource to help you feel prepared for what you are facing.”

B.B.

“Saved my future”

“I honestly don’t know where I’d be without their help—it saved my future! She [Julia] is not just a lawyer; she is a true advocate who fights for you like it’s their own case. 5 stars all the way! Thank you again!”

T.S.

Frequently asked questions

Jail is rare for a first offence, especially for lower-value theft. Courts often prefer discharges, fines, or probation. A strong defence or an early resolution, like diversion, can also help you avoid a conviction altogether.

Not on its own. Returning or paying for an item can support the case for a diversion or a peace bond. However, it does not guarantee the Crown will drop the charges. The case can still proceed.

Yes, but intent matters. Theft requires the Crown to prove you knowingly took the item without paying. A genuine mistake, like an item missed under a cart, can be a real defence if the facts support it.

A conviction stays on your record indefinitely unless you apply for a record suspension, often called a pardon. Wait times depend on how the Crown prosecutes the offence. Avoiding a conviction in the first place removes this problem entirely.

Contact us for a free, no-obligation consultation.

Verified By:  Julia Hunter, Criminal Defence Lawyer

Last Modified: September 14, 2026

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.