Theft

What is Theft?

Theft is stealing property that belongs to another. In the Criminal Code, theft is categorized depending on the value of the property.   Theft can range from a simple shoplifting to theft of a motor vehicle. Related charges include possession of property obtained by crime, robbery, theft of motor vehicle, and others.

What is the Penalty for Theft? Is there Jail Time?

The maximum sentence for theft is ten years, depending on the value of the stolen property.

What happens if you're charged with Theft?

Anyone charged with Theft has a right to counsel. The police must inform you of the reason for your arrest and must make reasonable efforts to assist you to speak with your counsel of choice. Typically, if you are brought to a police station, they will give you an opportunity to speak with your lawyer of choice in a private room.

Depending on the seriousness of the offence and the circumstances of the case, the police may release you from the station or may hold you for a bail hearing. If you are held for bail, they will advise you so that you may make arrangements to contact a lawyer and assist you in contacting your friends or family to act as sureties for your bail. You have a right to be brought before a Justice or Judge within a reasonable time, but in any event within 24 hours of your arrest.

At your bail hearing, your lawyer and the Crown will argue about whether you should be released from custody and, if so, what reasonable terms of bail should be imposed. Any person charged with a crime has a right to a reasonable bail.

Contact our office if a friend or family member has been charged with an offence, or if they are being held for bail.

Why shouldn't I just plead guilty to Theft?

A criminal conviction for Theft can have consequences far greater than the sentence imposed by the judge. A criminal conviction can have consequences for employment, immigration status in Canada, access to children as part of any family law proceedings, crossing the border to the United States and elsewhere, and any number of other consequences. While many people may be tempted to plead guilty ‘to get it over with’ a criminal conviction with all its consequences can last for a long time, perhaps forever. A snap decision may be the wrong decision. As experienced trial counsel, Misha can advise you of the strong or weak parts of the Crown’s case. While some cases are strong – and pleading guilty may be a reasonable option – many others are not. Some people are not guilty, and guilty pleas are only for guilty people. Experienced trial counsel can negotiate a better deal or successfully represent you at trial.

Only a careful review of your matter can give you the advice you need to make crucial decisions on your case and your life. A careful review may reveal gaps or problems with the Crown’s case. Contact experienced trial counsel before deciding to plead guilty.

First Time Theft Charges

The criminal justice system often recognizes that people make mistakes. Some mistakes are bigger than others. People charged with offences, including Theft, for the first time are usually treated somewhat differently from people with long criminal records. Experienced counsel can assist in obtaining great results for first time charges. This may include diversion before trial or favourable plea agreements. Contact our office to discuss your case and what to expect.

Theft Legislation

Section 322 of the Criminal Code Covers this Charge

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.

Marginal note:Time when theft completed

(2) A person commits theft when, with intent to steal anything, he moves it or causes it to move or to be moved, or begins to cause it to become movable.

Marginal note:Secrecy

(3) A taking or conversion of anything may be fraudulent notwithstanding that it is effected without secrecy or attempt at concealment.

Marginal note:Purpose of taking

(4) For the purposes of this Act, the question whether anything that is converted is taken for the purpose of conversion, or whether it is, at the time it is converted, in the lawful possession of the person who converts it is not material.

Marginal note:Wild living creature

(5) For the purposes of this section, a person who has a wild living creature in captivity shall be deemed to have a special property or interest in it while it is in captivity and after it has escaped from captivity.

Source: Canadian Criminal Code, Section 322