Criminal Law
Motor Vehicle Theft Lawyers in Oakville
Criminal Law
Proven Criminal Defence for Theft-Related Charges
If you are wrongly accused of any criminal offence, such as a motor vehicle theft, it is important to have the support of an experienced criminal defence lawyer fighting in your corner to clear your name. Motor vehicle theft is a serious criminal offence with the potential to disrupt your professional and personal life if it leads to a guilty verdict. There will be a permanent criminal record in your name, not to mention the fines and a possible prison sentence. Do not face these charges alone. Ensure that you get the best legal representation by engaging the services of our criminal defence lawyers for your case!
What constitutes a motor vehicle theft offence?
Section 333.1 of the Criminal Code of Canada defines motor vehicle theft as a criminal offence with the following legal penalties if convicted.
- Summary conviction: Maximum possible sentence of two years less a day.
- Indictable offence: Maximum possible sentence of 10 years. For any subsequent or third conviction, a minimum sentence of six months.
Based on the severity of the crime and the aggravating circumstances, the Crown will decide which of the above options to pursue against the accused.
What are the aggravating factors in a motor vehicle theft offence?
As mentioned above, motor vehicle theft is a hybrid offence. The Crown can choose to pursue the less serious summary conviction route in the case of a minor theft or the indictable offence route to ensure harsher penalties as per the aggravating factors present in the case.
Some of the aggravating factors in a motor vehicle theft case are the following.
- Violence: If any act of violence or a threat of violence was committed against the victim of the crime during the offence.
- Involvement of a criminal organization: If the offence was committed on behalf of a criminal organization.
- Total value of the stolen vehicle: If the value of the stolen vehicle was substantially high, it might warrant serious charges against the accused.
- The impact of the crime on the victim: If the victim underwent significant financial, physical, or psychological turmoil because of the offence.
- Breach of trust: If the accused was an employee who violated the relationship of trust by stealing the employer’s vehicle.
These are just some of the factors that will prompt the Crown to bring the more serious charges under motor vehicle theft against the accused, leading to a maximum imprisonment of 10 years in some cases.
How can our criminal defence lawyer help you in the case?
Motor vehicle theft is a serious criminal offence that can leave you with a permanent criminal record and a prison sentence in the range of six months to ten years, depending on the severity of the offence. This is why you need effective legal representation from the very beginning. To effectively overcome these charges, your lawyer will build a strong legal defence to get the charges dropped or reduced or to get a favourable outcome.
- Studying your case: Your lawyer will study the case, gather all the evidence, including CCTV footage and financial documents, and talk to the witnesses and crime scene experts to get a better understanding of the events of that day.
- Scrutinizing the procedures followed: If there were any charter rights violations or lapses during the arrest or evidence collection, these could be grounds for reducing or dropping the charges.
- Legal representation: Your lawyer will defend your rights in court and fight for the most favourable outcome in the trial.
If you are charged with motor vehicle theft charges, do not hesitate to immediately reach out to our criminal defence lawyers for legal counsel, guidance, and representation in court.
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Frequently Asked Questions
What is the maximum penalty for a motor vehicle theft in Canada?
Depending on the aggravating factors associated with the case, the Crown might pursue the maximum penalty applicable in the case. If the aggravating factors associated with the offence are severe, it could lead to a maximum sentence of 10 years upon conviction.
Why is motor vehicle theft referred to as a hybrid offence?
The term hybrid offence means that, depending on the aggravating factors in the case, the Crown can choose to pursue either a summary conviction or an indictable offence against the accused. For example, if there was violence or a threat of violence associated with the offence, the Crown will pursue the indictable offence option, seeking harsher legal penalties against the accused. In another case, if it was a first-time offence and the total value of the car was low, the Crown might choose to pursue the less serious summary conviction route, which could lead to less severe penalties for the accused if convicted.
Does Canadian car insurance cover theft?
Yes, in most cases, your car insurance policy will cover motor vehicle theft. However, you should check if the insurance policy offers such comprehensive coverage, which includes theft of the vehicle. If theft of the vehicle is covered under the policy, then you will be reimbursed for the total value of the stolen vehicle. The same applies to a situation where your vehicle got damaged during an attempted motor vehicle theft. If you have such coverage, you need to submit your insurance claim as per the procedure mentioned in your insurance policy document.
What if someone stole from me, but I have no proof?
Unfortunately, if there is no proof of the crime, there might not be any positive outcome, no matter which legal option you pursue. You may approach the police with your complaint and submit the report. If your claim is found to be true, this will lead to the Crown bringing charges against the individual who stole your vehicle. If you have any evidence, you could also sue them in the Small Claims Court for damages to the tune of the total value of the stolen vehicle. Consult with our criminal defence lawyers about the particular details of your case to figure out the best way to gather evidence to substantiate your claim.
Can I get into trouble if I were with someone who stole?
No. In most cases, you need to be actively involved in the crime for you to be charged with the offence. For example, you might inadvertently be travelling with your friend in a stolen car, without any knowledge of the crime. The charges will be levelled against you only if you have actively participated in the offence in some way. Your mere presence at the site will not make you an accomplice in the eyes of the law. If you are falsely charged with a motor vehicle theft charge, connect with our criminal defence lawyers immediately for legal support.