Theft Charges in Toronto: Penalties, Defences & What to Expect

If you have been charged with theft in Toronto, you are likely feeling overwhelmed and uncertain about what comes next. A theft conviction can result in jail time, a permanent criminal record, and lasting consequences for your career, travel, and reputation. Understanding the legal process, the penalties you face, and the defences available to you is the first step toward protecting your future.

At De Boyrie Law, we represent individuals throughout Toronto and the Greater Toronto Area who are facing theft charges — from minor shoplifting allegations to large-scale theft over $5,000. This guide explains everything you need to know about theft charges in Ontario and how a criminal defence lawyer can help.

What Is Theft Under Canadian Law?

Under section 322 of the Criminal Code of Canada, theft is defined as taking — or converting to your own use — someone else’s property without their consent, with the intent to permanently deprive the owner of it. The offence applies regardless of whether the property is moved or whether the accused keeps it.

The two key elements the Crown must prove beyond a reasonable doubt are:

1. The taking or conversion of property — You took, moved, or used property belonging to another person without their permission.
2. Intent to deprive — You intended to permanently deprive the owner of that property. Temporarily borrowing something, or taking it by mistake, does not meet this threshold.

Types of Theft Charges in Ontario

Theft charges in Ontario are classified based on the value of the property involved:

Theft Under $5,000 (Section 334(b))

This is the most common theft charge in Toronto. It covers shoplifting, minor workplace theft, taking lost property, and similar offences involving property valued at less than $5,000. It can be prosecuted as either a summary conviction or an indictable offence at the Crown’s discretion (a “hybrid” offence).

Theft Over $5,000 (Section 334(a))

When the value of the stolen property exceeds $5,000, the charge is treated as a straight indictable offence. This includes large-scale retail theft, employee embezzlement, theft of vehicles, and financial theft involving significant sums.

Common Scenarios That Lead to Theft Charges

Many people charged with theft in Toronto are first-time offenders with no prior criminal record. Common situations include:

• Shoplifting from a retail store
• Employee theft or embezzlement from a workplace
• Taking lost or misplaced property without attempting to return it
• Theft during a domestic dispute (taking a partner’s belongings)
• Fraudulently using someone else’s financial information
• Theft of services such as transit fare evasion or utility theft

Penalties for Theft in Ontario

The penalties for theft depend on the value of the property, the circumstances of the offence, and your criminal history.

Theft Under $5,000

For most first-time offenders charged summarily, actual sentences rarely exceed 90 days and are often served intermittently (on weekends). For first-time offenders, your lawyer can often negotiate for alternative measures such as conditional discharges, community service, or diversion programs.

Theft Over $5,000

The actual sentence depends heavily on the specific circumstances. Theft committed in a position of trust (such as by an employee or financial advisor), involving violence, or as part of an organized group will attract significantly harsher penalties.

Collateral Consequences

Beyond the sentence itself, a theft conviction can:

• Create a permanent criminal record visible on background checks
• Limit your ability to travel internationally (particularly to the United States)
• Affect professional licensing and employment prospects
• Trigger immigration consequences including deportation or inadmissibility
• Damage your reputation in the community

The Legal Process for Theft Charges in Toronto

If you have been charged with theft, here is what to expect as your case moves through the court system:

1. Arrest and Release

You may be arrested at the scene or issued a notice to appear in court at a later date. If arrested, you can be released on an undertaking with conditions (such as a no-contact order or a ban from the store where the alleged theft occurred).

2. First Appearance

Your first court date is an administrative appearance. You do not need to enter a plea at this stage. Your lawyer will request disclosure from the Crown.

3. Disclosure Review

The Crown is required to provide you with all the evidence they plan to use against you. This may include witness statements, surveillance footage, receipts, or other documentation. Your lawyer will review this material carefully to identify weaknesses in the Crown’s case.

4. Pre-Trial Negotiations

In many cases, your lawyer will negotiate with the Crown prosecutor to explore options such as:

• Withdrawal of charges
• Diversion or alternative measures
• A plea to a lesser charge in exchange for a lighter sentence
• A peace bond (in appropriate cases)

5. Trial

If your case proceeds to trial, both the Crown and your defence lawyer will present evidence, call witnesses, and make legal arguments before a judge (or, in rare cases, a jury). The Crown bears the burden of proving every element of the offence beyond a reasonable doubt.

6. Sentencing

If you are found guilty or plead guilty, the judge will impose a sentence based on the severity of the offence, your criminal history, and any mitigating or aggravating factors.

Defences to Theft Charges in Ontario

There are several legal defences that may apply to your case. Your lawyer will assess the specific facts and determine which strategy gives you the best chance of avoiding a conviction.

Lack of Intent

The Crown must prove that you intended to permanently deprive the owner of their property. If you accidentally took something, forgot to pay, or genuinely believed the item was yours, you may not be guilty of theft. This is one of the most common and effective defences.

Mistaken Belief of Ownership

If you honestly believed you had a legal right to the property — for example, in a dispute over shared belongings or a business asset — this can negate the required intent. The belief does not need to be reasonable, only honest.

Identity Issues

If there is no clear evidence that you were the person who committed the offence — for example, if surveillance footage is unclear or eyewitness identification is unreliable — the charges may not hold up in court.

Duress

If you were forced or threatened into committing the theft by another person, you may have a defence of duress. This applies when you reasonably believed you would suffer serious harm if you did not comply.

Necessity

In rare circumstances, theft may be justified if it was committed to prevent greater harm — for example, stealing food to prevent starvation. The threshold for this defence is high.

Entrapment

If law enforcement officers induced you to commit a theft that you otherwise would not have committed, you may have a defence of entrapment. This sometimes arises in undercover sting operations.

Charter Rights Violations

If police or store security violated your rights during the investigation, search, or arrest — such as conducting an unlawful search or failing to inform you of your right to counsel — your lawyer may apply to have the evidence excluded under section 24(2) of the Canadian Charter of Rights and Freedoms. Without that evidence, the Crown may be unable to prove its case.

Which Theft Charges Are Hardest to Get Dropped?

While every case is different, certain types of theft charges tend to be more difficult to resolve favourably:

• Theft of high-value property — When the stolen property is worth a significant amount, the Crown is less likely to agree to diversion or withdrawal.
• Theft involving violence or threats — Aggressive conduct during the theft elevates the seriousness and may result in additional charges (such as robbery).
• Theft by a person in a position of trust — Employee theft, embezzlement by a financial advisor, or theft by a caregiver is treated very seriously because of the breach of trust involved.
• Theft by a repeat offender — A prior criminal record, particularly for similar offences, makes it harder to negotiate a favourable outcome.
• Theft as part of an organized group — Organized retail crime or theft rings attract heightened prosecutorial attention and harsher sentencing.

Even in these more serious cases, a skilled defence lawyer can challenge the evidence, negotiate with the Crown, and work to achieve the best possible outcome.

Diversion and Alternative Resolutions

Many people charged with theft under $5,000 in Toronto — particularly first-time offenders — may qualify for a diversion program. Diversion allows you to take accountability without entering a guilty plea and without receiving a criminal record.

If accepted into a diversion program, you may be required to:

• Attend anti-theft or behavioural counselling
• Perform community service hours
• Write a letter of apology to the victim
• Pay restitution for the value of the stolen property

If you complete the program successfully, the Crown will withdraw the charges. Your lawyer can advocate for your eligibility and negotiate the terms on your behalf.

How De Boyrie Law Can Help

At De Boyrie Law, we understand how stressful and damaging theft charges can be — even a minor shoplifting charge can follow you for life if it results in a criminal record. Our approach includes:

• Thorough disclosure review — We examine every piece of evidence the Crown has, looking for weaknesses, inconsistencies, and Charter violations.
• Strategic negotiation — We negotiate aggressively with the Crown for charge withdrawals, diversion, discharges, and reduced sentences.
• Trial-ready defence — If your case cannot be resolved through negotiation, we are prepared to take it to trial and challenge the Crown’s case in court.
• Minimizing consequences — Whether you are eligible for diversion, fighting to prove your innocence, or seeking to avoid a criminal record, we work to protect your freedom, your record, and your future.

Frequently Asked Questions

Can I get a theft charge dropped in Ontario?

Yes. Depending on the circumstances, charges can be withdrawn through diversion programs, successful Charter applications, or pre-trial negotiations. First-time offenders with minor charges have the best prospects.

Will I go to jail for theft under $5,000?

Jail is possible but unlikely for a first offence. Most first-time offenders receive a discharge, probation, community service, or a fine. Repeat offenders or those who committed theft in aggravating circumstances face a higher risk of incarceration.

Do I need a lawyer for a theft charge?

Yes. Even a minor theft charge can result in a permanent criminal record that affects your employment, travel, and immigration status. A lawyer can often resolve the matter without a conviction.

What is the difference between theft and robbery?

Theft involves taking property without consent. Robbery involves theft combined with violence, threats of violence, or the use of a weapon. Robbery carries significantly harsher penalties.