Theft is one of the most common charges in Ontario and falls under Offenses against Rights of Property.
The Criminal Code of Canada deems it an offence to take the property of others without consent. Various theft charges can be laid reflecting the item that was stolen.
If theft is committed against an employer, the charge can be more serious due to the aspect of “breach of trust” which is an aggravating circumstance.
Theft also includes shoplifting (theft from a store) and domestic cases.
Theft charges need careful evaluation and preparation by experienced criminal lawyers.
With a proper defence to the Crown, theft cases can be withdrawn in exchange of a charitable donation or community service. Depending on the circumstances of the case, the offence of THEFT can have a maximum punishment of 10 years!
But not all theft cases are the same. We will explain below the different categories of THEFT and how a reliable lawyer can help defend you from these charges.
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What is the crime of theft?
In general, theft is deceiving somebody to deprive him of his property or taking something that does not belong to you, whether for your benefit or someone else’s benefit.
According to the Criminal Code of Canada Sec. 322 (1):
“Everyone commits theft who fraudulently and without colour of rights 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:
- 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”.
- to pledge it or deposit it as security;
- 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
- 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.”
In other words, if you take something without the owner’s consent, use fraud to obtain someone’s property, or convert something without consent, you are committing theft.
Reporting of theft and investigation
Usually, victims report theft cases upon discovery to the police and an investigation is conducted. The suspect may be at the scene (such as in a shoplifting incident) or can be identified by the police by using security footage or other pertinent records.
If you are found guilty of a theft charge, consequences include the loss of your freedom, your job or occupation, and your future!
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Theft Charges and its Categories
Section 334 of the Criminal Code of Canada divides Theft in 2 categories – Theft under $5,000 and Theft over $5,000.
Theft under $5,000
Although theft charges remain the same without regard to the amount, the Crown Attorney and the judge takes the value into consideration.
Many prosecutors consider theft below $20 to be petty crimes in shoplifting involving essential goods. Regardless of the details, charges will appear as theft under $5,000.
Several issues need to be proven for trials for the crime of theft:
- The property or item does not belong to the accused;
- The accused has no “colour” of right to take possession of the item;
- The accused had an intention to steal the item.
What is colour of rights?
This is defined as an honest belief or mistaken belief regarding the ownership of a certain property which can make the act of theft justifiable.
In minor theft cases such as shoplifting of small items , it is a common defense for a lawyer to say that the accused was distracted and just forgot to pay . No evidence in this case is required as long as the explanation passes the test of truthfulness. If the Court finds the defence to be reasonable, an acquittal is most likely.
Penalties for Theft under $5,000
The courts handle this type of theft in 2 ways – by Summary Conviction or by indictment as it is a hybrid offence.
If the Crown elects to proceed by summary conviction, the penalty is a fine of $5,000 or 6 months in prison. If the Crown proceeds by indictment, the maximum penalty is 2 years less 1 day of jail time.
Theft over $5,000
Theft over $5,000 is generally an indictable offence carrying a penalty of up to 10 years’ imprisonment. It could have lesser penalties if treated summarily.
For a theft over $5,000 charge, the police will need to bring you to a Justice of the Peace within 24 hours to have a bail hearing.
What to do if you are charged with Theft
Theft charges come in many forms – shoplifting, theft by a person holding power of attorney, or theft involving a large sum of money.
If you are charged with theft, the first thing you need to is to find the best criminal defense lawyer to represent you!
Once the police have enough evidence, you could be arrested, even if you are not at the scene. A criminal lawyer will evaluate your case and come up with the best options based on the evidence to defend you from these charges.
Fill out the form on this page, free of charge, to find a lawyer to defend you or a family member from theft charges!
Theft in a position of trust: Stealing from an Employer or Vulnerable Persons
In theft cases wherein sophisticated planning was involved or the accused is alleged to have abused a position of trust such as an employee stealing from the employer, the case will never be a matter of petty theft.
When breach of trust is involved, imprisonment is often imposed. Employee-employer relations can include an office worker, bank employee, accountant, social workers, caregivers, or warehouse workers.
These types of cases are complicated to prove but they are far more serious than simple theft.
The sentencing can be diverse and would take into account several factors such as:
- The amount stolen or value of the item stolen;
- The degree of trust;
- The age of the suspect;
- The sophistication used to carry out the theft;
- The personal circumstances of the suspect.
This type of theft can fall under these categories:
- Theft under/over $5000
- Fraud under/over $5000
- Possession of stolen property
Theft from an employer is a major form of criminal theft and results in prison and criminal record, if convicted. The consequences can be devastating to your future and make you unemployable due to a criminal record. It could result in the loss of your freedom.
You need to get in touch with a theft lawyer in Toronto as soon as possible to protect your rights and your future!
Retail Theft – Stealing from a retail store employers
Losses in retail stores due to employee theft are not uncommon and they involve larger amounts than shoplifting cases.
Retail store employees get charged with theft or accused of fraud under the following situations:
- Getting store merchandise without paying for them;
- Getting cash, gift cards, promotional items, or other instruments of value;
- Paying for items at a discounted rate without employer authorization;
- Intentionally providing discounts to 3rd parties (senior discounts, etc.) improperly;
- Fraudulent cash refunds or exchanges
Employee Theft More Serious Than Shoplifting
The Crown Attorneys consider employment-related theft more serious than shoplifting. They look to convict individuals with a jail sentence and a criminal record, even for a first offence, depending on aggravating factors such as:
- The amount of store losses, if high;
- The number of times the fraud or theft was done;
- The intention of the accused for committing theft;
- The closeness and nature of the relationship between the accused and the employer (supervisor, manager, etc. as the level of responsibility is deemed relevant);
- The history and background of the accused including previous criminal record, charges, warnings.
Breach of Trust Cases
Courthouses in the GTA consider breach of trust as an aggravating factor. If the accused is alleged to have profited from selling store merchandise to third parties, the Crown usually seeks imprisonment of 6 months or longer.
It usually takes a long time to catch an employee committing fraud or theft. It could take months or years to discover retail theft committed by an employee.
The court considers the time delay between the offence and the charge as relevant because:
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It allows the suspect to commit the offence multiple times;
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The Criminal Code requires the Crown to prosecute with a more serious indictment if it takes more than 6 months to lay charges.
Employee theft cases by indictment involve longer jail time and future problems with travel to the US or Canadian immigration.
The Offence of Possession of Property obtained by Crime
The Criminal Code defines Possession of Property obtained by crime as possessing property or proceeds of property that the person knows was directly or indirectly came from an indictable offence. It is a serious offence that can be charged on its own or alongside fraud or theft.
Although people generally think of this offence as related to stolen property, the charge can also be laid as a result of any other indictable offence.
It does not have to involve actual stolen property but also indirect proceeds from stolen items. For instance, accepting cash that came from a stolen vehicle, or accepting items bought using a stolen credit card can also fall under possession of stolen property.
Penalty for Possession of Property obtained by Crime
If convicted of possession of property obtained by crime, the sentence can depend on the value of the property. If it is more than $5,000, the penalty can be a maximum of 10 years’ imprisonment. For items less than $5,000, the maximum sentence is 2 years.
This charge usually requires finding the property which means that the person, his home, or other belongings will be searched. Many lawyers use as a defence that the search violated the Charter rights of the accused.
When charged with possession of property obtained by crime, you should speak immediately with a theft lawyer in Toronto.
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Beating a Theft Charge with a Criminal Lawyer
Every situation is unique. The lawyer’s defence strategy will depend on things like the value of the stolen item, number of times it was committed, aggravating circumstances, etc.
These factors will dictate the options available for defeating a theft charge.
Were you mistaken in thinking the item belonged to you? If so, returning it or compensating the victim may help you to avoid a criminal record.
Are the circumstances in your case complex such as being employed as a social worker or caregiver by an elderly person accusing you of fraud or theft?
You must find the right criminal lawyer with a solid track record in winning similar cases in Toronto. Compare lawyers today by filling out the short online form below, free of charge!
FAQs about Theft Charges in Toronto
Are you or a family member facing theft charges? Do you need answers to questions so you can plan your next step?
Check out these popular FAQs about theft charges in Toronto to guide you in planning how to defend yourself against these charges.
What is the difference between theft and robbery?
Theft refers to taking property that does not belong to you without consent of the owner. Robbery, on the other hand, is stealing items with the use of violence or the threat of violence. The possible penalties for robbery include life imprisonment.
What is the difference between robbery and break and enter?
In Ontario, Break and Enter involves entering a place with the objective of committing an indictable offence. It does not require “breaking into the property” to qualify for this offence, Even if you walk to someone’s door, you can still be convicted of break and enter. A suspect can also be charged with theft and mischief or possession of property obtained by crime.
Robbery involves the use of violence or the threat of violence with the intention of stealing property.
Can I be charged with possession of stolen property if I did not steal the item?
Yes, you can still be charged with possession of stolen property or property obtained by crime. Even if you were not the one who stole the item, the Crown can convict you if it is proven that you knew that the item in your possession was illegally obtained.
A conviction for possession of property obtained by crime has a maximum imprisonment of 10 years.
Can I just return the stolen item to get the charges of theft withdrawn?
A criminal procedure may continue even if you return the stolen goods. The payment or return of stolen items do not automatically result in the withdrawal of charges. An offer of restitution can be helpful in some instances and can help to reduce the penalties. A good lawyer can use an offer of restitution as a tool if the evidence against you is weak to get the charges dropped.
What are the consequences of a theft conviction aside from fines and jail time?
A theft conviction can have serious negative consequences including travel restrictions, loss of employment, limited employment opportunities, a criminal record for theft, probation orders and conditions, and immigration problems for those seeking Canadian citizenship.
Can theft charges in Toronto be diverted?
Courthouses have diversion programs for theft to help an accused individual avoid a criminal record. They vary among courthouses, but they generally include fines, community service, or donations to charity.
The Crown determines if you are eligible for a diversion program using factors such as the seriousness of the offence, previous criminal history, etc. Diversion programs have conditions and if they are fulfilled, the charges against you can be withdrawn.
What should I do if I am charged with theft?
It is important to be silent and seek a lawyer immediately. Your lawyer will ensure your rights are protected. Every word you say to the authorities can be used against you in court. Whether you are innocent or guilty, it is critical to hire a good lawyer for your defence for shoplifting, theft under $5,000, theft over $5,000, fraud, or possession of property obtained by crime.
The Cost of Theft Lawyers in Toronto
For theft cases that get resolved without going to trial, Toronto theft lawyers may charge a flat fee from $2,000 to $10,000 rather than hourly fees.
For cases that go to trial, every lawyer is free to set his rate but the average lawyer fees range from $4,000 to $50,000.
The price set by lawyers for their services vary based on factors such as experience, reputation, your location, the charges laid against you, and the complexity of your case . Lawyers calculate the time they need to resolve your case and charge fees accordingly.
Are you worried about the cost of your legal services? While it is normal to worry about cost, the more serious matter to worry about is your future. A theft conviction will have serious ramifications to your life; you need the best lawyer to get you acquitted or have charges withdrawn.
If you can’t afford a lawyer, you can check if you are eligible for Legal Aid Ontario**.** Some lawyers also accept legal aid certificates.
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