THEFT LAWYER

THEFT LAWYER

What is theft and robbery?

Criminal Code Definition of 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

    1. 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;
    2. To pledge it or deposit it as security;
    3. 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
    4. 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.
    5.  

Criminal Code Definition of Robbery

343 Every one commits robbery who

  1. Steals, and for the purpose of extorting whatever is stolen or to prevent or overcome resistance to the stealing, uses violence or threats of violence to a person or property;
  2. Steals from any person and, at the time he steals or immediately before or immediately thereafter, wounds, beats, strikes or uses any personal violence to that person;
  3. Assaults any person with the intent to steal from him; or
  4. Steals from any person while armed with an offensive weapon or imitation thereof.

Theft and Robbery are serious charges which can result in very serious penalties if convicted. As a result, it is very important to have an experienced criminal theft lawyer to guide you through the process.  We will ensure you get the best defence possible in each and every case. Specifically, we at De Boyrie Law cover residents of Toronto, Vaughan, and the Greater Toronto Area.

What can De Boyrie Law do for you?

If you are convicted of Theft or Robbery, you will experience serious impacts in your life. As a result, this can affect future employment, travel plans, and more.

Alex De Boyrie has experience successfully representing clients who have been accused of Theft and Robbery. As a Theft lawyer and Robbery Lawyer, Alex has a strong track record.  Particularly, he has fought to have penalties reduced, and charges completely withdrawn. Accordingly, we believe in crafting an individualized defence for each case.  We provide each client with the utmost attention to detail and representation.

If you or someone you know has been charged with Theft or Robbery, please call De Boyrie Law today for a consultation at (416) 727-1389. We are committed to always answering your calls. We proudly serve Ajax, AuroraBrampton, Bradford, Burlington, Caledon, Clarington, Cobourg, East Gwillimbury, Halton Hills, Hamilton, King, Kitchener, MarkhamMiltonMississaugaNewmarket, North York, Oakville, Orangeville, Oshawa, Pickering, Richmond HillScarborough, St. Catharines, Toronto, Uxbridge, Vaughan and Whitby. 

De Boyrie Law Will:

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Listen to your legal issues

Get in touch with De Boyrie Law. We will listen to your complex legal matters and let you know if your case needs represnetation.

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Meet and asses your case

If you need representation we will meet in person at our office to gather details on your matter and build a case.

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Provide a resolution

We will gather all evidence and provide the best appropriate resolution to your legal challenge. Rest assured De Boyrie Law is on your side.

A guide to working with a theft lawyer

The criminal justice system can be overwhelming and confusing, especially if you’re facing a theft charge. Hiring a theft lawyer can help ensure that your rights are protected and that you receive the best possible outcome in your case. This guide will provide you with a detailed overview of the steps you should take when working with a theft lawyer, including finding the right lawyer, preparing for your initial consultation, providing information to your lawyer, developing a case strategy, representation in court, and managing fees. By following this guide, you will be better equipped to navigate the legal process and achieve the best possible outcome in your case.

Remember to be honest and upfront with your lawyer about your case, and keep them informed about any new information that may come up. It’s also important to follow your lawyer’s advice and not to make any statements or take any actions that could potentially harm your case.

By following these steps you can ensure you’re working with a theft lawyer in the most efficient way possible.

 
Frequently asked questions for theft lawyers

Theft is a serious criminal offence that can have serious consequences if you are convicted. If you have been charged with theft it is important to understand the legal process and how to navigate it. One of the best ways to do this is by hiring a theft lawyer who can provide you with the guidance and representation you need.

A theft lawyer can help you understand the charges against you and the potential consequences of a conviction. They can also help you build a defence and negotiate a plea bargain, if appropriate. If your case goes to trial, a theft lawyer can represent you in court and help you present the strongest possible case.

One of the main reasons why someone may need a theft lawyer is that they have to deal with the complexity of the legal system. Theft charges can be very complicated, and a lawyer can help you understand the legal process and ensure that your rights are protected. They can also help you understand the evidence against you and any legal options that may be available to you.

Another reason why someone may need a theft lawyer is that they are at risk of going to jail or prison. A conviction for theft can result in significant jail time, depending on the severity of the crime and the amount of property involved. A theft lawyer can help you understand the potential consequences of a conviction and work to minimize any potential penalties.

A theft lawyer can also help you with the collateral consequences of a theft conviction. This can include the loss of your job, difficulty finding new employment, impact on immigration status and many more. A theft lawyer can work with you to minimize these consequences and help you rebuild your life after a conviction.

In summary, hiring a theft lawyer can provide you with the guidance and representation you need to navigate the legal system, understand the charges against you, and work towards the best possible outcome in your case. If you have been charged with theft, it is important to seek the help of a qualified and experienced lawyer who can help protect your rights and defend you against the charges.

Anyone who has been charged with theft may need the services of a theft lawyer. Whether the theft involves a small amount of money or a large amount of property, the consequences of a conviction can be severe. This is why it is essential for anyone facing a theft charge to seek the help of a qualified and experienced lawyer.

Individuals who have been accused of shoplifting or petty theft, like stealing from a store or taking someone’s purse, may need a theft lawyer. These types of thefts are considered to be less severe but can still result in criminal charges and penalties. A theft lawyer can help you understand the charges against you and the potential consequences of a conviction. They can also help you build a defence and negotiate a plea bargain, if appropriate.

Individuals who are accused of grand theft, like embezzlement or theft of large sums of money or valuable property, may also need a theft lawyer. These types of thefts are considered to be more severe and can result in significant jail time if convicted. A theft lawyer can help you understand the charges against you and the potential consequences of a conviction, as well as help you build a defence and negotiate a plea bargain.

Individuals who have prior criminal convictions or are facing multiple charges, may also need a theft lawyer. Prior convictions can have a significant impact on the outcome of a case, and a theft lawyer can help you understand the potential consequences of a new conviction. They can also help you navigate the legal system and work to minimize any potential penalties.

Individuals who are not citizens of Canada may also need a theft lawyer, as a conviction for theft can have an impact on immigration status. A theft lawyer can help you understand the potential consequences of a conviction and help you navigate the legal system while dealing with the immigration aspects of the case.

Anyone who has been charged with theft may need the services of a theft lawyer. A theft lawyer can provide the guidance and representation you need to navigate the legal system, understand the charges against you, and work towards the best possible outcome in your case. It’s important to seek the help of a qualified and experienced lawyer who can help protect your rights and defend you against the charges.

When facing a theft charge it is essential to find an experienced theft lawyer who can provide you with the guidance and representation you need. However, with so many lawyers to choose from, it can be difficult to know how to identify an experienced theft lawyer. Here are some tips to help you find the right lawyer for your case.

  1. Look for a lawyer with experience in theft cases: An experienced theft lawyer will have a thorough understanding of the legal system and the charges against you. They will also have experience building defenses and negotiating plea bargains, if appropriate. Look for a lawyer who has handled similar cases to yours and has a track record of success.
  2. Check credentials: Look for a lawyer who is a member of the Law Society of Ontario, the governing body for lawyers in the province. Also, look for a lawyer who has been admitted to the bar for several years, as this indicates that they have a certain level of experience.
  3. Ask for references: A reputable lawyer should be able to provide you with references from past clients. Contacting references can give you a sense of the lawyer’s experience, professionalism and ability to communicate effectively.
  4. Look for a lawyer who specializes in criminal law: Not all lawyers are created equal, and it is important to find a lawyer who specializes in criminal law, specifically theft cases. This lawyer will have a thorough understanding of the criminal justice system and the charges against you.
  5. Consider communication style: It is essential to find a lawyer who is easy to communicate with and will keep you informed about your case. Look for a lawyer who is responsive to your questions and concerns and who will explain the legal process in a way that you can understand.
  6. Take time to meet the lawyer: Schedule a consultation with the lawyer to discuss your case, it will give you an opportunity to ask questions and get a sense of the lawyer’s experience and communication style.

Finding an experienced theft lawyer is essential to ensure that your rights are protected and that you receive the best possible outcome in your case. Look for a lawyer with experience in theft cases, check credentials, ask for references, look for a lawyer who specializes in criminal law, consider communication style and take time to meet the lawyer. By following these tips, you will be better equipped to find the right lawyer for your case.

Proving theft in Ontario involves showing that an individual intentionally took property that belonged to someone else without their consent. To prove theft, the prosecution must establish the following elements beyond a reasonable doubt:

  1. The accused took possession of property: This can be done by showing that the accused had physical control of the stolen property, or that they transferred the property to someone else.

  2. The property belonged to someone else: The prosecution must show that the property belonged to someone else and that the accused did not have a legal right to possess it.

  3. The accused took the property without consent: The prosecution must show that the accused took the property without the consent of the owner or that the consent was obtained by fraud or deception.

  4. The accused had the intent to steal: The prosecution must show that the accused had the intent to steal the property, which can be inferred from the circumstances of the case.

  5. Evidence: The prosecution must present evidence to prove each element of the crime. This can include eyewitness testimony, surveillance footage, fingerprints, or other physical evidence.

  6. Burden of proof: The burden of proof is on the prosecution and they must prove each element of the crime beyond a reasonable doubt.

It’s important to note that the legal definition of theft in Ontario also includes fraud, which is defined as depriving someone of property or money by deception or trickery. The prosecution must also prove that the accused had the intent to defraud and that the victim was actually deprived of property or money as a result.

In summary, proving theft in Ontario requires the prosecution to establish that an individual intentionally took property that belonged to someone else without their consent. They must prove the accused had the intent to steal the property by presenting evidence and showing the accused had no legal right to possession of the property. The burden of proof is on the prosecution, who must prove each element of the crime beyond a reasonable doubt.

In Canada, the penalties for theft depend on the value of the property stolen and the circumstances of the case. Theft under $5,000 is considered a summary conviction offence, which is a less serious category of criminal offence in Canada. Generally, summary conviction offences are punishable by a fine and/or a maximum of six months in jail.

However, it’s important to note that the penalties for theft can vary depending on the specific circumstances of the case and the offender’s criminal history. For example, if the theft was committed in a particularly aggressive or violent manner, or if the offender has prior criminal convictions, the penalties may be more severe.

It is also worth mentioning that in Canada, the criminal justice system is a bit more lenient with first-time offenders. A first-time offender may be eligible for an alternative measure as oppose to going to jail, such as a conditional sentence, community service, restitution or probation.

While it is possible to go to jail for theft under $5,000, it is not guaranteed. The specific circumstances of the case and the offender’s criminal history will be taken into consideration when determining the appropriate penalty. The offender’s legal representation can also negotiate a more lenient sentence.

In Ontario, the penalties for shoplifting depend on the specific circumstances of the case and the offender’s criminal history. First-time shoplifters may be eligible for alternative measures, such as a conditional sentence, community service, restitution, or probation, instead of being sentenced to jail time.

However, it’s important to note that the penalties for shoplifting can vary depending on the value of the goods stolen, the manner in which the theft was committed, and the offender’s criminal history. If the value of the goods stolen is high, if the theft was committed in an aggressive or violent manner, or if the offender has a prior criminal record, the penalties may be more severe, and in those cases, jail time may be a possibility.

It’s also important to note that the criminal justice system in Ontario is meant to rehabilitate rather than punish, and a first-time offender may be eligible for a diversion program, which is a type of alternative measure to court proceedings. A good theft lawyer can often get the charges dropped with the offender successfully completing some form of community service, restitution, or counseling, and if the offender successfully completes the program, the charges will be dropped.

In summary, while it is possible for first-time shoplifters to go to jail in Ontario, it is not guaranteed. The specific circumstances of the case and the offender’s criminal history will be taken into consideration when determining the appropriate penalty, and alternative measures may be preferred. The offender’s legal representation can also negotiate a more lenient sentence.

The length of a jail sentence for theft depends on the specific circumstances of the case and the offender’s criminal history. In general, the punishment for theft offences is determined by the value of the property stolen and the manner in which the theft was committed.

For theft under $5,000, which is considered a summary conviction offence, the maximum penalty is six months in jail. However, it is worth noting that for most summary conviction offences, the sentences usually don’t exceed 90 days and are served intermittently or on weekends.

For theft over $5,000, which is considered an indictable offence, the maximum penalty is 10 years in jail. However, the actual sentence will depend on the specific circumstances of the case and the offender’s criminal history. For example, if the offender has a prior criminal record or if the theft was committed in an aggressive or violent manner, the sentence may be harsher.

It’s also worth mentioning that in Canada, the criminal justice system is a bit more lenient with first-time offenders. A first-time offender may be eligible for an alternative measure as oppose to going to jail, such as a conditional sentence, community service, restitution or probation.

The length of a jail sentence for theft can vary depending on the specific circumstances of the case and the offender’s criminal history. For theft under $5,000, the maximum penalty is six months in jail, and for theft over $5,000, the maximum penalty is 10 years in jail. However, the actual sentence will depend on the specific circumstances of the case and the offender’s criminal history. Alternative measures may also be considered for first-time offenders.

Yes. De Boyrie Law offers free consultations for all of our legal services.

You can book a free consultation right here.

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Our firm is conveniently located in downtown Toronto.

De Boyrie Law

100 King Street West, Suite 5600

Toronto, Ontario 

M5X 1C9

416-727-1389

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Criminal Defence

Our focus is on the representation of our client’s interests in criminal and quasi-criminal matters, in Toronto and the Greater Toronto Area.

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To  provide our clients with the best and strongest defence available no matter what the circumstances may be.

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