Protecting Your Rights Against Theft and Property Charges

A theft charge can have consequences that extend well beyond the courtroom. Even an allegation involving a relatively low-value item can affect your employment opportunities, professional credentials, travel plans, and immigration status.

At Lex Magnus Law, we understand that every criminal charge carries personal and professional consequences. Whether you are facing a shoplifting allegation, a charge of possessing stolen property, or an allegation involving property of significant value, our approach focuses on protecting your rights, examining the evidence, and identifying the strongest defence options available in your circumstances.

A charge does not mean you are guilty. The Crown must prove the essential elements of the alleged offence beyond a reasonable doubt. Our role is to help you understand the legal process, assess the case against you, and pursue an appropriate resolution.

Types of Theft and Property Offences We Handle

1. Theft Under $5,000

Theft under $5,000 is a common property offence that may arise from shoplifting allegations, workplace incidents, or disagreements concerning the ownership or possession of property. It is a hybrid offence under section 334(b) of the Criminal Code.

The circumstances of the incident, the available evidence, and any previous criminal history may influence the potential resolution. A conviction can have lasting consequences, making it important to understand your options before deciding how to proceed.

2. Theft Over $5,000

Theft involving property valued at more than $5,000 is generally prosecuted as an indictable offence and carries a maximum penalty of 10 years’ imprisonment under section 334(a) of the Criminal Code.

These allegations may involve money, vehicles, electronics, business assets, or other high-value property. Depending on the case, restitution may also become an issue. A careful review of the alleged value, evidence of ownership, and circumstances of the transaction can be central to the defence.

3. Possession of Property Obtained by Crime

You may face a charge even if you did not commit the original theft. Under sections 354 and 355 of the Criminal Code, possession of property obtained by crime can be an offence where the required elements, including the applicable knowledge requirements, are established.

The circumstances in which you acquired the property, what you knew at the time, and the evidence connecting you to the alleged offence may all be relevant to your defence.

Related Criminal Offences

Lex Magnus Law can also assist in matters involving related allegations, depending on the circumstances and the scope of representation:

  • Robbery — Section 343: Allegations involving theft accompanied by violence, threats of violence, or other circumstances specified in the legislation.

  • Break and Enter — Section 348: Unlawful entry into a place with the intent to commit an indictable offence, or other conduct covered by the provision.

  • Motor Vehicle Theft — Section 333.1: Theft of a motor vehicle, which can carry serious criminal penalties.

  • Fraud — Section 380: Allegations involving dishonest conduct or deception that causes, or puts at risk, a deprivation of property or another legally recognized interest.

The applicable penalties and procedures depend on the specific charge, the circumstances of the alleged offence, and the governing law

Our Approach to Theft Defence

Every case is different. At Lex Magnus Law, the defence strategy is developed after reviewing the allegations, available evidence, and your individual circumstances.

1. Exploring Diversion and Alternative Resolutions

In appropriate cases, particularly those involving first-time accused persons and lower-value shoplifting allegations, diversion or other alternative resolutions may be available.

Depending on the program and the circumstances, requirements may include community service, an apology, a donation, or participation in an educational program. Successful completion may lead to the charge being withdrawn or otherwise resolved without a finding of guilt.

We assess whether an alternative resolution may be appropriate and, where warranted, pursue discussions with the Crown. Eligibility and outcomes depend on the individual case and the applicable program.

2. Examining Intent and the Circumstances of the Incident

The prosecution must prove the required mental elements of the offence, including the applicable intent or knowledge requirements.

We examine whether the incident may have resulted from an honest mistake, a misunderstanding about payment or permission, or a genuine dispute concerning ownership. For example, an alleged failure to scan an item at self-checkout does not, by itself, establish every element of theft.

Where the evidence fails to establish an essential element beyond a reasonable doubt, this may provide a basis to challenge the charge.

3. Reviewing Identification and Evidence

A strong defence requires a detailed examination of the evidence relied upon by the prosecution. Depending on the case, this may involve:

  • Surveillance recordings: Assessing image quality, camera angles, timing, and whether the footage reliably identifies the accused.

  • Security personnel evidence: Examining observations, procedures, and the handling of the allegedly stolen property.

  • Witness accounts: Identifying inconsistencies, gaps in recollection, or potential identification errors.

  • Digital and forensic evidence: Reviewing relevant records, communications, financial documents, or forensic findings where applicable.

The objective is to identify evidentiary weaknesses and determine whether the prosecution can establish its case to the required legal standard.

4. Challenging the Alleged Value of Property

The value attributed to the property can affect the classification and potential consequences of a theft charge.

We examine the basis for the Crown’s valuation, the supporting documentation, and any relevant evidence concerning the property’s value. Where the evidence supports a genuine dispute, challenging the valuation may affect how the allegation is assessed and prosecuted.

5. Protecting Your Charter Rights

Searches of your person, belongings, vehicle, or home may raise issues under section 8 of the Canadian Charter of Rights and Freedoms, which protects against unreasonable search or seizure.

We examine the legal basis for a search and the manner in which evidence was obtained. Where a Charter breach is established, exclusion of evidence may be available under section 24(2), depending on the circumstances and the applicable legal test.

Understanding the Consequences of a Theft Conviction

The steps you take after being charged can affect your understanding of the case and your ability to make informed decisions.

  • Keep relevant records: Preserve any documents, receipts, messages, or other information that may help establish the timeline of events.

  • Record your recollection: As soon as practical, write down what you remember about the stop, testing procedures, conversations with police, and events leading up to the incident.

  • Follow all legal requirements: Comply with existing release conditions and any applicable licence restrictions. Do not drive if your licence is suspended or you are otherwise prohibited from doing so.

  • Avoid discussing the details publicly: Be cautious about sharing information about the case on social media or with others before obtaining legal advice.

  • Seek legal advice promptly: A lawyer can explain the charge, review your circumstances, and help you understand the next steps.

If police wish to question you, you should understand your legal rights before deciding how to respond.

Youth Theft and Shoplifting Charges

When a young person is accused of theft or shoplifting, the matter is generally addressed under the Youth Criminal Justice Act, subject to the applicable legal requirements.

The youth criminal justice system differs from the adult system and emphasizes accountability, rehabilitation, reintegration, and proportionate responses. Depending on the circumstances, extrajudicial measures or sanctions may be available as alternatives to formal court proceedings.

If your child is facing a theft allegation, obtaining legal advice early can help you understand the process, available options, and potential implications for their future.

Why Choose Lex Magnus Law?

Facing a theft allegation can be stressful, particularly when you are concerned about your reputation, livelihood, family, or future opportunities.

At Lex Magnus Law, our focus is on understanding your circumstances, explaining your legal options, and developing a defence strategy tailored to your case. We recognize that no two allegations are identical and that the right approach depends on the evidence, the applicable law, and your priorities.

Our approach emphasizes:

  • Individualized case assessment: Understanding the facts and identifying the legal issues that matter.

  • Evidence-focused preparation: Examining the prosecution’s evidence and identifying potential weaknesses.

  • Clear communication: Explaining the legal process, possible outcomes, and important decisions in understandable terms.

  • Strategic resolution: Assessing available options, including negotiations, alternative measures, and trial where appropriate.

Speak With Lex Magnus Law About Your Theft Charge

If you or someone close to you is facing a theft, shoplifting, or possession of stolen property charge in Toronto or elsewhere in Ontario, it is important to understand your legal options before making decisions about the case.

Contact Lex Magnus Law to discuss your circumstances and learn about the next steps available to you.