Whether you have been charged with shoplifting, larceny, or robbery, one fact remains the same: you are entitled to a complete defense from a qualified criminal and penal lawyer. Your fate rests largely in the hands of this professional so be sure to make the right choice!
JuriGo has the solution you need! Find EVERYTHING there is to know about the theft charge and applicable penalties right here and contact JuriGo to get connected to a criminal lawyer for free!
What is a charge of theft in Quebec?
The Criminal Code provides for several specific charges of theft but to fully understand them, you must first know the general definition that applies to each of these offenses! As with any criminal offense, there must be a physical element as well as a mental element that must be proven beyond a reasonable doubt by the prosecution or crown attorneys.
We must, above all, find the physical element of the theft! (the Actus Reus)
This physical element is, in fact, the prohibited and illegal act which constitutes the offense of theft! In criminal matters, the act of stealing consists of taking something, without any rights, and with the intention of depriving the real owner (the victim) of his property.
The action of “taking a thing” includes moving an object or hiding it. Moreover, this same thing must have an owner although it is not necessary that he is known at the time of the theft.
Then you have to meet the mental element, known as Mens Rea or the “guilty mind”!
It is here that things usually get tricky since it is a question of proving what was going on in the mind of the accused at the time of the incident. It is not as obvious as taking something, you will agree!
Thus, for a charge of theft, the mental element of specifically intending to deprive the owner of his property is necessary. The deprivation of property may be temporary or permanent, it does not matter, but the accused must be aware of the fraudulent nature of his actions, namely the fact of taking the property of another person.
Among the charges of theft found in the Criminal Code are:
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Theft under $5000
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Theft over $5000
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Robbery
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vehicle theft
Shoplifting does not appear explicitly in the Criminal Code but is part of simple theft (often under $5,000). Learn ALL there is to know about the various charges of theft right here!
Theft under $5,000 and theft over $5,000: what's the difference?
Why is the amount of $5000 so important?
Quite simply because the criminal law has set this limit to decide between the seriousness of the crimes of "simple theft" and it is this threshold that will largely dictate the severity of the sentence imposed if you are found guilty.
The $5,000 threshold also has an impact on the trial side!
A person accused of stealing property with a value of over $5,000 may choose to stand trial before a judge and jury or before a judge alone. In addition, theft under $5,000 is a hybrid offense that can be prosecuted summarily or criminally, at the crown's option, while the offense over $5,000 is a criminal offense.
The severity of the consequences varies as well!
An individual accused of theft of a property with a value of less than or equal to $5,000 risks a maximum prison sentence of 2 years while the person accused of theft of more than $5,000 risks imprisonment of up to 10 years.
Can shoplifting result in a criminal record?
The charge of "shoplifting" is not specifically provided for in the Criminal Code but that does not make it a less serious charge!
On the contrary, a shoplifting charge can lead to a criminal record and even a prison sentence if the value of the property is significant or if there are aggravating circumstances surrounding the commission of the offense.
Shoplifting is, therefore, considered simple theft that occurs under specific conditions such as:
- The theft was committed in a store, business, shopping center, etc.
- The person has no employment relationship with the business.
- The item is taken without the use of violence.
- The accused was in the store legally.
If the circumstances of the offense deviate from these four criteria, a different charge of theft could be brought! Furthermore, the value of a shoplifted item is generally low (less than $5,000) since goods of greater value are rarely kept on store shelves.
Have you been accused of shoplifting? Just so you know, this charge is part of the daily life of criminal lawyers! Some of them devote a substantial part of their practice to it. So if such an accusation is brought against you, act quickly to defend yourself with one of these experts.
Robbery: the most serious accusation of theft!
Robbery is, by far, the most serious charge of theft in the Criminal Code! Such theft involves the use of violence at different levels and stages of the offense which makes the act/s all the more reprehensible and the consequences for the victim even greater.
It should come as no surprise when you know that robbery can be punished by a life sentence depending on the circumstances!
According to the Criminal Code, there are four different ways to commit robbery:
- Committing assault with the intent to rob the victim.
- Robbing someone while carrying an “offensive weapon”
- Commit acts of violence before or after the theft.
- Use violence or threat to obtain stolen property.
A weapon is defined very broadly in criminal law!
If you think that only knives and firearms are considered as “weapons”, think again. Criminal law accepts a much broader definition and considers any object used to threaten, injure, or kill to be a weapon.
Note that the use of a weapon is not a prerequisite for a robbery charge!
The commission of acts of violence, whether threats or assault, may well justify a charge of robbery, even if no weapon was used.
Faced with an accusation as serious as that of "robbery", it goes without saying that it is in your best interest to act as quickly as possible with a criminal lawyer if you hope to get out of this impasse!
Is it possible to defend yourself against a theft charge?
Yes, because the Criminal Code does not allow for prosecution without the right to legal defense. Although the range of possibilities is wide, three main legal defenses can be applied to the charge of theft.
Below are legal remedies that can apply to your situation and who knows, get you out of trouble!
The lack of intent
This defense aims to plead that the accused never intended to deprive the other person of his property, nor to appropriate it fraudulently or to deprive the true owner of it. If such proof is made, no guilty mind (Mens Rea) will be recognized in the accused which will prevent the prosecutor from presenting evidence completely.
The color of right defense
To commit theft, the accused must have taken the property “without color of right”, that is to say, knowing that the property belonged to another person. The defense may therefore rely on this point by alleging that the accused legitimately believed that he held a right to the property taken and that he never had any fraudulent intent against the true owner.
Denial of the facts
There is the law, but there are also the facts in criminal matters! Your defense may, therefore, be based on this aspect by purely and simply denying the facts of which you are accused, whether by presenting an alibi or by offering your version of the situation.
And remember, the Crown prosecutor bears the burden of proof! Your lawyer, in defense, assumes no burden and can simply refute the claims of the prosecutor in criminal and penal proceedings.
How will you choose the right defense for your charge of theft? Each theft charge is unique and it will be YOUR lawyer's role to advise you on the type of defense he deems most suitable!
Theft-related offenses and prison sentences
Theft is a charge taken seriously by the Criminal Code which is why the penalties can be very severe! Some theft charges also carry a minimum sentence which prevents the judge from being lenient towards you. It is better to prepare a solid defense, whatever the charge.
Consult the table of prison sentences for the different types of theft!
| Type of theft | Summary Charge | Criminal Indictment |
|---|---|---|
| Theft under $5,000 | Maximum penalty of 6 months’ imprisonment (and maximum fine of $5,000) | Maximum penalty of 2 years’ imprisonment |
| Theft over $5,000 | Not applicable | Maximum penalty of 10 years imprisonment. |
| Robbery | Not applicable | Minimum of 4 years’ imprisonment Life imprisonment |
| Vehicle theft | Maximum sentence of 18 months | Minimum penalty of 6 months' imprisonment in the event of a repeat offense. Maximum penalty of 10 years imprisonment |
How will the judge decide your sentence? Sentencing is a much more complex process than you might think since several factors must be taken into account in order to render a just and fair sentence depending on the seriousness of the crime!
Factors that influence sentencing include:
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The seriousness of the offense of theft
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The criminal record of the accused/recidivism
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The level of responsibility of the accused
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Harmonization of sentences (the sentence must resemble those granted in the past for a similar offense)
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Mitigating or aggravating circumstances
When a minimum sentence is imposed, a judge cannot award a shorter sentence!
Indeed, for certain offenses under the Criminal Code, a minimum sentence is imposed because of the seriousness of the acts of the accused. When the judge convicts the accused of such an offense, he cannot grant a more lenient sentence than that provided for in the Code, nor a sentence more severe than the maximum sentence!
How can a criminal lawyer help with your defense against a theft charge?
Criminal law is a specialization even among lawyers! Lawyers who work in the criminal and penal sector often devote themselves exclusively to it because of the in-depth knowledge necessary to properly represent clients accused of a crime.
The role of YOUR criminal lawyer has many aspects in a theft charge, including:
- Evaluate your case and your chances of success!
- Mount a full and complete defense
- Negotiate with the DPCP
- Make representations on the sentence (In the event of a guilty verdict)
Why choose the first lawyer you can find in thephone book when JuriGo offers you a tailor-made solution to find a specialized criminal lawyer closer to your home?
You deserve to work with the best criminal law experts so get in touch with JuriGo!
Guilty of theft: What are the consequences and penalties?
Definitely, the main consequence linked to a guilty verdict is the sentence imposed by the judge such as imprisonment, a suspended sentence, discharge, or probation. But apart from these direct consequences, know that a guilty verdict also comes with equally important penalties!
Being found guilty of a crime entails the following consequences, among others:
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Conditional discharge
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Unconditional discharge
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Probation/suspended sentence
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Suspended sentence
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Criminal record
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Travel and movement restrictions (Varies from country to country)
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Employment restrictions in certain sectors (must be justified)
You don't have to suffer these consequences if you successfully defend yourself against theft charges! Your best bet is with criminal lawyers and fortunately, JuriGo has several partners in this field.
Just contact us by filling out our form at the bottom of the page!
JuriGo helps you find a defense lawyer against theft charges!
The worst thing you can do when faced with a theft charge is to do nothing! Be proactive and start looking for a criminal lawyer who can represent you!
You have seen with your own eyes the severe penalties you can suffer if you are found guilty of theft.
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