Criminal Law
Theft Case Lawyers in Oakville
Criminal Law
Skilled Legal Representation for Theft Charges
An accusation of theft is a serious legal matter that could result in imprisonment if not handled properly. If convicted, a criminal record could tarnish your personal and professional reputation forever. This is why you should have our experienced criminal defence lawyers fighting in your corner, defending your rights, and ensuring that you accomplish the best result possible.
What constitutes a theft as per the Canadian Criminal Code?
The criminal offence of theft falls under the category of property crime in the Canadian Criminal Code Section 322. Theft cases are hybrid offences. Depending on the nature and severity of the crime, the Crown may choose to pursue one of the options for securing a conviction in the case: a less severe summary conviction or a more severe indictment option. Based on the total value of the theft, the offence might fall into one of the two levels as mentioned below.
Theft of property of a total value equal to or under $5000
Some of the common examples of theft offences falling under this category are crimes such as shoplifting, locker room thefts, and theft from a roommate. Such cases could attract up to 2 years less a day in imprisonment either under summary conviction or indictment.
Theft of property above $5000
It could attract a summary conviction of a maximum of 2 years less a day or a maximum of 10 years imprisonment under indictment conviction. Some of the common examples are bank account theft, theft from employers, auto theft, and theft of computers or computer equipment.
What is the difference between a summary conviction and an indictment?
Under the Canadian Criminal Law, theft is considered a hybrid offence. This means that the Crown can use its discretion to pursue either the summary conviction or the indictment option in pursuing the case against the accused.
Summary Conviction:
A summary conviction often leads to less serious penalties for minor offences. In the case of any theft below $5000, the Crown will pursue a summary conviction, leading to less severe penalties involving a fine and minimum prison time or, in some cases, might even impose community service in lieu of a prison sentence altogether. It is important to note that a summary conviction may result in a permanent criminal record.
Indictment:
The Crown will pursue the indictment option in cases of a more serious nature. When a theft case involves property of a total value above $5000, as a general rule, the Crown will pursue the indictment option, leading to longer prison terms and larger fine amounts.
How can our criminal defence lawyer help you?
Under Canadian law, the accused is considered innocent until proven guilty. With an experienced criminal defence lawyer defending you in the case, it might be possible to reduce the charges or get them dropped altogether. Your criminal lawyer looks for any weakness in the Crown’s case. In a theft case, an experienced lawyer will start by checking the following.
- Whether there were any violations of your rights during the arrest or search of your premises.
- Whether the correct procedure was followed during your arrest or interrogation.
- How strong is the Crown’s evidence against you? Remember that in a criminal case, the burden of proof falls entirely on the Crown to prove the case beyond a reasonable doubt.
- Is it possible to reduce the charges or drop them completely, considering your record so far?
These are just some of the strategies your criminal defence lawyers will pursue in building a strong defence against the charges laid against you. If you are charged with an alleged theft, do not hesitate to reach out to our criminal defence team for legal counsel, support, and representation in court.
Frequently Asked Questions
How serious is a shoplifting charge in Ontario?
While a shoplifting offence will be charged as a theft under the Criminal Code, the seriousness of the charges will depend on the total value of the property stolen or damaged during the crime and the particular circumstances of the case. If the total value of the stolen goods is below $5000, this is likely to be charged as a minor theft, leading to a summary conviction and a lesser prison sentence or fine. If the total value is above $5000 or the circumstances were of a more serious or violent nature, then the Crown is likely to treat this as a serious offence, leading to an indictment and a longer prison sentence. In either case, contact our criminal defence lawyers to help you fight these charges.
Is it possible to avoid a prison sentence for a theft under $5000 in Ontario?
While a theft under $5000 is treated as a criminal offence of a less serious nature, there is no guarantee that you can avoid prison time altogether. The penalty in the case will depend on the nature and circumstances, as well as the value of the property stolen. For example, in the case of an employee stealing from an employer, the Crown will generally seek a prison sentence for the accused even if the value of the stolen goods is below $5000. This is because the employee has allegedly abused their position of trust with the employer. If you are accused of theft, regardless of the value of the property stolen, reach out to our criminal defence lawyers immediately for legal support and representation.
Is there a statute of limitations in a theft case?
Under the Canadian Criminal Law, the statute of limitations of 12 months is only applicable to summary conviction cases. There is no such time limit for indictable offences. Since theft is a hybrid offence, the Crown can opt for the indictment option to initiate legal proceedings if the charges are laid more than 12 months after the offence date.
What are my rights when being questioned by the police?
In the event of a theft or any other offence, it is natural for the police to ask questions of all the parties present at the site, as well as the accused. If you are being interrogated, you should be aware of your rights under Canadian law and should not act against your own interests. The important rights you should be aware of in such cases are the following.
- The right to remain silent.
- The right to be informed of the charges.
- The right to retain and instruct counsel without delay.
- The right to be free from arbitrary detention.
It is best to immediately engage the services of our criminal defence lawyer and follow their advice in such cases.
Am I allowed to leave Canada when facing theft charges?
This will depend on the bail conditions of your case. Generally, such conditions may not be imposed in cases of minor theft. Also, some countries deny entry to those travellers facing any criminal charges in their home country. In those cases, this may also depend on your destination. Contact our criminal lawyer with details regarding your case for advice on the best course of action.
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