Theft Charges in Toronto

Theft charges in Toronto can have serious legal and personal consequences. Whether you’ve been accused of shoplifting, embezzlement, or another type of theft, understanding the charges, the legal process, and your defence options is crucial to protecting your rights and future. This comprehensive guide will help you understand the types of theft charges in Ontario, potential penalties, how the legal process unfolds, and the defence strategies available. If you’re facing theft charges in Toronto, knowing what to expect and how to prepare can make a significant difference in the outcome of your case.

What Constitutes Theft Under Canadian Law?

Theft is defined under Section 322 of the Canadian Criminal Code as taking or converting someone else’s property with the intent to deprive the owner of it, either temporarily or permanently. To secure a conviction for theft, the Crown prosecutor must prove that the accused acted with the intent to steal and knew they did not have the owner’s consent to take or use the property.

Theft charges in Toronto can range from relatively minor infractions, like shoplifting, to more serious offences, such as grand theft or embezzlement. The charges are classified into two categories based on the value of the stolen property:

1. Theft Under $5,000: This is considered a less serious offence and applies when the value of the stolen property is less than $5,000.
2. Theft Over $5,000: This is a more serious offence and applies when the stolen property’s value exceeds $5,000. Theft over $5,000 is often considered a more severe crime with stricter penalties.

Types of Theft Charges in Toronto

There are several specific types of theft charges that individuals in Toronto may face, depending on the circumstances of the crime. These include:

1. Shoplifting: The unlawful taking of goods from a retail store. Although it often involves small amounts, shoplifting is still a criminal offence and can result in significant penalties.
2. Theft by Conversion: Occurs when someone legally possesses property but converts it for their own use, without the owner’s permission. This often happens in scenarios involving business dealings.
3. Theft of Services: Involves receiving services without payment, such as dining at a restaurant and leaving without paying the bill.
4. Employee Theft: This occurs when an employee steals from their employer. It could involve cash, merchandise, or company resources, such as time or data.
5. Auto Theft: Involves the theft of a vehicle and can carry severe penalties, especially if it is part of a larger criminal enterprise.
6. Embezzlement: A form of theft that involves the misappropriation of funds or property by someone in a position of trust, such as an accountant or manager.

Potential Penalties for Theft Charges in Toronto

The penalties for theft charges in Toronto vary depending on the severity of the crime, the value of the property, and whether the accused has any prior criminal record. Here’s a breakdown of potential penalties:

1. Theft Under $5,000: This is considered a hybrid offence, meaning it can be prosecuted as either a summary conviction offence or an indictable offence, depending on the circumstances. For summary conviction, the maximum penalty is six months in jail and/or a fine. For indictable offences, the penalty can be up to two years in prison.
2. Theft Over $5,000: This is often prosecuted as an indictable offence and carries a maximum sentence of up to 10 years in prison.
3. Additional Consequences: A conviction for theft can also result in a permanent criminal record, making it difficult to find employment, secure housing, or travel internationally. In some cases, the court may order restitution, requiring the accused to pay back the value of the stolen goods or services.

The Legal Process for Theft Charges in Toronto

Theft charges in Toronto follow a legal process that can be daunting for individuals unfamiliar with the criminal justice system. Below is an outline of the steps you can expect after being charged with theft:

1. Arrest and Charges: If the police have reasonable grounds to believe you committed theft, they will arrest you and formally charge you with the offence. In some cases, you may be released with a promise to appear in court at a later date.
2. Bail Hearing: If you are held in custody, a bail hearing will be scheduled. The purpose of this hearing is to determine whether you should be released pending your trial. A lawyer can advocate for your release by arguing that you are not a flight risk and do not pose a danger to the public.
3. First Court Appearance: At your first court appearance, you will enter a plea of guilty or not guilty. If you plead not guilty, the court will set a date for trial.
4. Disclosure: The Crown is required to provide you with all the evidence they plan to use against you. This may include witness statements, video surveillance, or other documentation related to the theft.
5. Pre-Trial Negotiations: In many cases, your lawyer may engage in negotiations with the Crown prosecutor to discuss the possibility of reducing the charges or penalties. This could result in a plea deal, where you agree to plead guilty to a lesser charge in exchange for a lighter sentence.
6. Trial: If your case proceeds to trial, both the Crown and your defence lawyer will present evidence, call witnesses, and make arguments before a judge or jury. The judge or jury will then determine whether you are guilty or not guilty.
7. Sentencing: If you are found guilty, the judge will impose a sentence based on the severity of the crime, your criminal history, and other factors.

Defending Against Theft Charges

There are several potential defence strategies that can be used to fight theft charges in Toronto. Your lawyer will assess the details of your case and determine which defence is most likely to succeed. Common defences include:

1. Lack of Intent: One of the key elements of a theft charge is the intent to steal. If your lawyer can prove that you did not intend to steal the property—for example, if you accidentally took something without realizing it—you may be able to avoid a conviction.
2. Mistaken Identity: Theft charges can sometimes result from mistaken identity. If there is no clear evidence linking you to the crime, such as surveillance footage or eyewitness testimony, your lawyer can argue that you were wrongly identified as the perpetrator.
3. Rightful Ownership: If you believed that you had a legal right to the property in question, this can be used as a defence. This often applies in situations where there is a dispute over ownership, such as in business dealings or family disputes.
4. Duress: In some cases, an individual may commit theft because they were coerced or threatened by another person. If your lawyer can demonstrate that you acted under duress, this may be a valid defence.
5. Charter Rights Violations: If your rights under the Canadian Charter of Rights and Freedoms were violated during the investigation or arrest—such as through unlawful search and seizure—your lawyer may be able to have the charges dismissed or the evidence excluded from the trial.

The Importance of Legal Representation

Facing theft charges in Toronto can be a daunting and stressful experience. Having a skilled criminal defence lawyer on your side can make a significant difference in the outcome of your case. A lawyer can help by:

• Protecting Your Rights: Your lawyer will ensure that your rights are protected throughout the legal process, from the moment of your arrest to the conclusion of your case.
• Building a Strong Defence: Your lawyer will assess the evidence against you, identify weaknesses in the Crown’s case, and develop a strategy to challenge the charges.
• Negotiating with the Crown: In some cases, a lawyer can negotiate a plea deal or alternative resolution with the Crown, potentially reducing the charges or penalties you face.
• Representing You in Court: If your case goes to trial, your lawyer will present evidence, cross-examine witnesses, and argue on your behalf to secure the best possible outcome.

How De Boyrie Law Can Help

At De Boyrie Law, we understand the seriousness of theft charges and the impact they can have on your life. Our experienced criminal defence team is dedicated to protecting your rights and providing the highest level of legal representation. Whether you are facing a minor theft charge or a more serious offence, we are here to help you navigate the legal process and achieve the best possible outcome.

Schedule a Free Consultation with De Boyrie Law

If you or a loved one is facing theft charges in Toronto, it’s essential to seek legal advice as soon as possible. Contact De Boyrie Law today to schedule a free, confidential consultation. We’ll review your case, discuss your legal options, and work tirelessly to achieve the best possible outcome for you. Don’t leave your future to chance—reach out to us today to protect your rights and start building your defence.