Theft Lawyer Toronto

You can be charged with Theft Under $5000 or Theft Over $5000. 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 proper in question belongs to the accused, this is a defence to the charge.
• Honest but Mistaken Belief: Where the accused honestly but mistakenly believed the property in question was his (i.e. he was 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

A conviction for Theft Under $5000 carries a sentence of up to two years in prison. For a Theft Over $5000, the potential sentence is up to ten years incarceration.

For Theft of a Motor Vehicle, the maximum sentence is 2 years imprisonment if the Crown proceeds by summary conviction, or 10 years if the Crown proceeds by indictment. There is also a minimum punishment of 6 months imprisonment the accused has been charged with this offence on two previous occasions and the Crown proceeds by indictment.

Theft is the intentional taking of property that belongs to another person. A common example of theft is shoplifting.