Toronto Theft Lawyer: Answers to FAQ About Theft
Introduction
Andrew Captan is a Toronto Criminal Defense Lawyer, and a Toronto Theft Lawyer, who practices in a wide array of criminal matters, including Theft Under $5,000 and Theft Over $5,000. He commonly faces a wide array of questions pertaining to Theft Charges in Toronto. Here are questions he commonly faces in his Theft practice, and answers to them.
What is Theft in Ontario, Canada?
Theft is one of the most common offences that a Toronto Criminal Defense Lawyer, and a Toronto Theft Lawyer, will deal with as part of their practice.
The Criminal Code of Canada sets out the definition of Theft under s. 322. The section reads as follows:
“s. 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”
In short, Theft involves the taking of something that is owned by another person, with the intent to temporarily or permanently deprive the owner of it. Note that one does not have to permanently take an item for a Theft to occur. If, for example, an item was taken without the consent of the owner, and then later returned, a Theft has still occurred and the individual risks criminal liability for the offence.
Depending on the value of the property in question, the offence may be one of Theft Under $5,000 or Theft Over $5,000. Theft Over $5,000 is an indictable offence and is serious.
Prevalence of Theft in Canada?
While Theft is a very common type of property crime which Toronto Criminal Defense Lawyers defend in court, the overall prevalence of the offence has slowly decreased over the last few years. According to Statistics Canada, Theft Under $5,000 has decreased by just under 25% from 2019-2021.
Is Shoplifting Theft?
Yes – Shoplifting is a form of theft. Depending on the items taken, you may be charged with Theft Under $5,000 or Theft Over $5,000. Generally speaking, Shoplifting is considered a lower form of Theft and generally attracts lower penalties than other thefts, as the value of the property taken tends to be lower.
What happens if you get caught shoplifting in Ontario?
If you get caught shoplifting, you may end up needing a Toronto Criminal Defense Lawyer, and a Toronto Theft Lawyer, to assist you with a court case, as the police may be called and they may lay criminal charges against you. Typically, the process would involve:
- Being apprehended by a loss prevention officer
- Being detained in a room by a loss prevention officer
- The police would be contacted by the loss prevention officer
- The police would arrive and decide whether to charge you with Theft
- The police would be required to advise you of your right to speak to a Criminal Lawyer if they were pressing charges against you
What is the penalty for Theft Under $5,000 in Ontario?
The penalty section for Theft in Canada is listed under s. 344 of the Criminal Code.
Theft Under $5000 is a hybrid offence, which means that the prosecutor can choose to proceed summarily or by indictment. That choice will ultimately dictate the maximum penalty for Theft Under $5,000. Summarily, the maximum penalty is a $5,000 fine and/or 6 months in jail. If the crown proceeds by indictment, the maximum penalty is two years imprisonment.
What is the penalty for Theft Over $5,000 in Ontario?
Theft Over $5000 is a straight indictable offence and has a maximum penalty of 10 years in prison.
Whether it be a Theft Under or Theft Over $5,000, experienced Theft Lawyers in Toronto know that their clients will not receive those maximum penalties, except in rare and exception cases, such as if the person has a lengthy record for similar offences, and clearly has not been deterred from their previous sentences.
What is the penalty for Stealing $10,000
There is no set penalty for this time of offence. As indicated directly above, it would be an indictable offence, which is a serious category of criminal charges. You are certainly at risk of a jail sentence, and would be well advised to consult and retain a Toronto Theft Lawyer before making any decisions about your case.
What your sentence would be would be determined by a number of factors, such as:
- Whether you have a prior criminal record
- Your age
- Whether the Theft occurred against an employer or other person/business where a position of trust existed
- Whether the money or property was returned
- Whether there was a guilty plea or not
- And many other factors!
How do I charge someone for Theft in Ontario?
There are two ways to have someone charged with a crime in Ontario. The most common route is to make a complaint to the police, who will investigate, take your statement and determine if there are reasonable grounds to believe a Theft has occurred. The second less common route is by laying your own (private) charge – called a privately laid information. You can attend the local Ontario Court of Justice and fill out paperwork at the Justice of the Peace Office. You would need to provide evidence surrounding your claim. The process can be confusing, so you may wish to consult a Toronto Theft Lawyer before doing so.
Can you go to jail for Theft Under $5,000 in Ontario?
It is possible to go to jail for Theft Under $5,000, as the Criminal Code of Canada permits jail sentences for these offences. You should consult a Toronto Criminal Defense Lawyer in order to determine whether you’re at risk of a jail sentence, but the following are some common factors that affect whether jail is a possible outcome:
- You have multiple criminal convictions for Theft or other crimes of dishonesty;
- You committed the most recent offence while on a court order; and
- The offence was committed within the context of your employment
Business and Employment Theft
The seriousness of a Theft increases significantly if it has occurred at a business or other place at which the accused person is employed. In this situation, the Theft is considered a “breach of trust”, which is considered to be an “aggravating factor” in sentencing.
Section 718.2(iii) of the Criminal Code states the following:
“A court that imposes a sentence shall also take into consideration the following principles:
- (a) a sentence should be increased or reduced to account for any relevant aggravating or mitigating circumstances relating to the offence or the offender, and, without limiting the generality of the foregoing, (iii) evidence that the offender, in committing the offence, abused a position of trust or authority in relation to the victim”
An aggravating factor is a factor that tends to increase the severity of punishment. In the 1990s, individuals who committed even the lowest of scale Thefts against an employer would commonly face jail time. Nowadays, while jail time is still on the table, particularly if the property taken is highly valued, Courts have taken a slightly less harsh stance on these offences. That said, you are at high risk of facing a criminal record for an employment Theft, even if the amount you stole, or the value of the property is in the low $100s.
The notion of a breach of trust does not just apply to positions of employment. It may apply in other situations as well, such as:
- To power of attorneys
- To lawyers
- To accountants
- To family members informally taking care of the money of another family members
If you’ve been charged with an Employment or Business Theft, you will need an experienced Toronto Criminal Defense Lawyer, and Toronto Theft Lawyer in particular, given the risk of a criminal record and jail, even for relatively minor offences.
How long does Theft Under $5000 stay on your record?
How long a criminal charge lingers on your police record in Ontario will depend on the outcome. If your charges were withdrawn, the entry should not appear on a police record check in this province. If you received an Absolute Discharge, a record would be kept for 12 months following the Discharge being granted. If you were sentenced to a Conditional Discharge, the record would remain on your police abstract for 3 years. Finally, if you were convicted for the offence of Theft, that record is permanent, subject to a successful record suspension application.
Do first time shoplifters go to jail in Canada?
Most Criminal Lawyers in Toronto would agree that it is quite unlikely that a first time shoplifter would receive a jail sentence for their actions. Jail is usually not imposed for first time property offences.
What is Diversion or Direct Accountability?
For first time shoplifters, or individuals who commit the offence of Theft Under $5,000, there is a possibility that the Crown Attorney will agree to allow the person to participate in a program to resolve their case without a criminal record. The program is called Diversion (or Direct Accountability), and is usually for first time offenders who commit property crimes. If the program is offered to an offender, that person would have to comply with certain requirements, such as completing community service hours, writing an apology letter or making a charitable donation, following which their criminal charges would be withdrawn.
If you are offered Diversion or Direct Accountability, you should still consult with a Toronto Criminal Lawyer before accepting the offer, as there could still be implications by resolving your matter in this way. For example, some police forces may require you to wait a longer period of time before you can submit an application for destroying your fingerprints and photographs.
Contact a Toronto Theft Lawyer
If you’re been charged with Theft, and are looking for an experienced Toronto Theft Lawyer, contact Andrew Captan – Criminal Lawyer, for a free consultation. You can reach him at (647) 878 – 6355, andrew@captanlaw.com or by visiting his website HERE.
