Theft

Theft is a broad category of property-related offences that can come with severe penalties depending on the circumstances. From a simple shoplifting-type charge to large-scale “white-collar” fraud schemes, a conviction for theft can have serious long-term consequences for a person found guilty of this offence.

Theft

What is Theft?

Have you or someone you care about been charged with theft?

Theft is classified as a property offence. It falls into two categories: Theft Under $5,000 and Theft Over $5,000. A conviction for Theft Under $5,000 carries a sentence of up to two years in prison. For Theft Over $5,000, the potential sentence is up to ten years of imprisonment.

Hundal Law Firm provides legal representation for theft charges, ranging from shoplifting allegations to more complex property-related offences.

Aside from jail time, a conviction for theft can have profound ripple effects on your life, especially on your future employment prospects. No matter your occupation or whether this is a first-time or repeat offence, our firm can help you navigate your defence. It is important to reach out to a lawyer as soon as possible if you have been charged.

It is in your best interest to hire an experienced criminal defence lawyer to represent you should you be charged with theft. Hundal Law Firm can advocate for the withdrawal of criminal charges where appropriate. If your case proceeds to trial, our lawyer can work towards achieving an acquittal at trial. In cases where the Crown has a strong case, legal representation can help address the circumstances of the case and the potential sentence if convicted.

In some cases, where the case against an accused is weak, the value of the theft is low, or full restitution is made by an accused, diversion may be available depending on the circumstances.

At Hundal Law Firm, we have the experience and knowledge to help you navigate the legal process. We provide legal representation to individuals charged with theft and work to protect their legal rights throughout the proceedings.

Call us today at (416) 888-0592 for a consultation.

Frequently Asked Questions

A conviction for Theft Under $5,000 carries a sentence of up to two years in prison. For Theft Over $5,000, the potential sentence is up to ten years of imprisonment.

You can be charged with Theft Under $5,000 or Theft Over $5,000. You can also be charged specifically with Theft of a Motor Vehicle.

There are also different theft-related offences in the Criminal Code, such as Theft of a Motor Vehicle.

Factual Innocence: If the Crown is unable to prove the essential elements of the particular offence beyond a reasonable doubt, they will have failed to discharge their burden, and the accused will be acquitted.

Colour of Right: Where the property in question belongs to the accused, this may be a defence to the charge.

Honest but Mistaken Belief: Where the accused honestly but mistakenly believed the property in question was theirs, such as where they were given it or had permission to have it, the defence of Honest but Mistaken Belief may be available.

Violation of Charter Rights: Under the Canadian Charter of Rights and Freedoms, individuals are afforded specific rights, including:

  • The right against unreasonable search and seizure;
  • The right to not be arbitrarily detained;
  • The right to be informed promptly of the reasons for arrest;
  • The right to retain and instruct counsel without delay; and
  • The right to be tried within a reasonable time.

A successful Charter challenge may also result in a stay of proceedings or evidence from your case being excluded.

Theft involves taking or converting property belonging to another person without lawful justification, with the required intent to deprive the owner or person with a lawful interest in the property of it, either temporarily or permanently.

The specific circumstances of the allegation, the value and nature of the property, and the evidence available can all affect the charges and potential consequences.

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