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EXPERIENCED THEFT LAWYERS IN TORONTO
We Speak: English, Hindi, Urdu, Punjabi, Pashto, Farsi & Arabic
We Defend All Theft Charges
Strength. Strategy. Success. Every Case, Every Client.
Theft charges arise when someone is alleged to have taken property belonging to another person without their consent and with the intent to deprive them of it. Theft is one of the most common criminal offences in Canada, but the penalties vary greatly depending on the value of the property and the circumstances.
A conviction can result in jail, fines, restitution, and a permanent criminal record, which can affect employment, professional licences, travel, and immigration status. Karzai Law has successfully defended theft cases ranging from minor allegations to complex theft over $5,000 matters.
Theft Under $5,000
- Considered a hybrid offence, meaning the Crown can proceed by summary conviction (less serious) or indictment (more serious)
- Maximum penalties:
- Summary conviction: up to 6 months’ jail and/or fines
- Indictable offence: up to 2 years’ imprisonment
- Often involves property of lower value, such as shoplifting, minor vehicle theft, or petty theft from an individual
Theft Over $5,000
- Always treated as a serious indictable offence
- Maximum penalty: up to 10 years’ imprisonment
- Typically involves higher-value property such as large-scale theft, embezzlement, theft from businesses, or car thefts
- The Crown may use additional evidence to prove intent, planning, and repeated actions
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Criminal Code for Theft
322(1) Every one commits theft who fraudulently and without colour of right takes, 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
- (a)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;
- (b)to pledge it or deposit it as security;
- (c)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
- (d)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.
Defending THeft Charges in Toronto
A strong defence requires careful review of all evidence, including:
- Police reports, witness statements, and surveillance footage
- Whether property actually belonged to the complainant
- Whether intent to permanently deprive can be proven
- Charter challenges, such as illegal search or seizure
Even in cases with apparent evidence, procedural errors or gaps in proof can lead to reduced charges or acquittal. Karzai Law has a track record of defending theft charges successfully across Toronto and the GTA.
FAQS About Theft Charges
Theft occurs when someone takes or uses property that does not belong to them, without the owner’s consent, and with the intent to deprive the owner of it. This can include shoplifting, stealing money, misuse of a credit card, or keeping property that was borrowed but not returned.
Theft under $5,000 is generally treated as a less serious offence and is usually prosecuted summarily. Theft over $5,000 is more serious, often proceeds by indictment, and carries significantly higher penalties. The value of the property is based on its fair market value at the time of the alleged offence.
Penalties depend on the value of the property and the circumstances of the case. Theft under $5,000 can result in fines, probation, restitution, or jail time. Theft over $5,000 carries a maximum penalty of up to 10 years in prison. A conviction can also lead to a permanent criminal record.
Yes, in some cases theft charges may be withdrawn or stayed. This can occur if there are issues with the evidence, Charter violations, lack of intent, or if the Crown determines that proceeding is not in the public interest. Early involvement of a criminal defence lawyer can significantly impact the outcome.
If you are convicted, a theft offence will result in a criminal record, which can affect employment, travel, and professional licensing. In certain situations, alternative resolutions such as diversion programs may be available to avoid a conviction, particularly for first-time or minor offences.
