Theft

Theft is a broad category of property-related offences that can come with severe penalties depending on the circumstances. From a simple shop-lifting type of 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.


What is Theft?

Theft Lawyer in Toronto Ontario

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 $5000 and Theft Over $5000. 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. Caramanna, Friedberg LLP has extensive experience dealing with all levels of theft, from shoplifting to white-collar crime.

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 a 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. Caramanna Friedberg LLP can advocate to withdraw the criminal charges against you. If your case proceeds to trial, our lawyers can work towards achieving an acquittal at trial. In cases where the Crown has an especially strong case, enlisting our support can exponentially increase the likelihood of receiving the lowest possible sentence if convicted.

Sometimes where a case against an accused is weak, the quantum of the theft is low or full restitution is made by an accused, our firm has a proven track record for obtaining diversion for our clients.

At Caramanna, Friedberg LLP, we have the experience and passion to help you navigate the legal process. Our lawyers have represented countless individuals charged with Theft. We will work tirelessly to ensure you receive the fairest possible trial.

Call us today at (416) 924-5969 for a consultation. See Also: robbery, break & enter

See Also: robbery, break & enter

Frequently Asked Questions

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.

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  • 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

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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.

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

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