Property Crime Lawyer Calgary

The term “property crime” relates to a large subset of criminal offences under Parts IX, X, and XI of the Criminal Code.

The most common property offences involve taking, altering or destroying the property of another person by an individual with no legal claim to the property. Common property offences include Theft, Robbery, Breaking and Entering, Fraud, Mischief and Arson.

As property crimes are significantly diverse, the sentences that an accused can receive after conviction are far ranging. For less serious property offences, such as theft under $5,000 or a simple vandalism charge, an accused can receive a short sentence or avoid spending any time in jail. However, if an accused is convicted of armed robbery or certain arson offences, they could face life imprisonment.

Whether you are charged for allegedly committing a small theft, or with a series of armed robbery offences, our lawyers are ready to help. At Strategic Criminal Defence, we have the experience and knowledge needed to provide you with sound advice on the best way to handle your case.

Key Takeaways

  • The severity of a property crime offence will vary depending on the offence you are charged with, and whether you are prosecuted summarily or by indictment.
  • There is potential for incarceration for a property crime charge. Depending on the specific charges you face, the crown may look for punishments ranging from a small sentence to life in prison.
  • Bail conditions for property crime typically include an order for the accused to stay away from certain places or individuals that were victims of the alleged offence. For more serious property crimes, bail conditions can include curfews or alcohol and drug prohibitions.
  • Property crime charges can be beaten. Contact a lawyer for assistance in determining the best strategy for you.

How can a property crime lawyer in Calgary help?

When fighting a property crime charge, there are numerous advantages to hiring a criminal defence lawyer. A lawyer will provide you with legal advice before they charge you, which will allow you to determine if you would like to continue with their services. A lawyer can also protect you against self-incrimination by allowing you to navigate your conversations with law enforcement.

A lawyer’s purpose is to be dedicated to helping you beat the charge. A lawyer will gather evidence, interview witnesses, and retain expert witnesses if necessary to help you reach the best possible outcome. Lawyers also come with a wealth of experience navigating the criminal justice system and court process and can represent you during trial.

Property Crime Charge in the Criminal Code of Canada

Property crime encompasses a number of different offences under the Criminal Code, but generally involves the taking, altering or destroying of another person’s property when the accused has no legal claim to the property. These crimes include, but are not limited to:

This is a small list of offences under the Criminal Code that are considered to be “property crimes”. If you believe you have been charged with a property crime, contact us today for a free, no-obligation consultation to discuss the specifics of your case and craft a formidable defence.

Examples of Property Crime Charges

Some examples of property crime charges may include the following:

  • Spray-painting graffiti on the side of a bridge.
  • Going into someone’s home without their permission and stealing items from the premises.
  • Smashing someone’s taillight after an incident on the road.
  • Threatening a cashier in a grocery store with a weapon and taking money from the register.
  • Hacking into someone else’s computer and changing their passwords.
  • Intentionally putting matches to paper, resulting in the destruction of property.

Property Crime Charge Defences

Every case is different. The availability and strength of any defence depend entirely on the specific facts of your case. The strength of any available defence rests on the evidence against you and the precise details of the allegations. However, the following are some common defences that may be used when fighting a property crime charge.

  • Factual Innocence: This is usually the strongest defence because the facts and the evidence do not support you committing a property crime.
  • No mens rea: A common defence available in property crime cases is that you did not intend to take, alter or destroy the property. A basic example would be if you accidentally walked out of a store with an item you did not pay for.
  • Interest in Property: For some property crimes, such as theft, if you are able to establish that you had a proprietary or possessory interest in the item, you may be able to defend yourself against the charges. However, even if you have a proprietary or possessory right in the item, if you take it from another person by fraudulent means, you could still be charged with theft in certain circumstances.
  • Identity: In some circumstances where the offence was not recorded by surveillance footage, or the footage is poor quality, you may be able to raise an identity defence. For example, authorities could have made a mistake in identifying you as the perpetrator based on the poor quality of the footage. In order to effectively raise this defence, you may need corroborative evidence, such as an alibi to where you were at the time of the offence.
  • Violation of constitutional rights: The Canadian Charter of Rights and Freedoms sets out your rights before and after your arrest. If the police fail to abide by these rights, it could aid in your defence.

What are the consequences of a property crime charge?

The consequences resulting from a property crime conviction can vary depending on the type of offence and the specific facts of your case. For example, an armed robbery charge has a maximum sentence of life imprisonment. Meanwhile, a charge for theft under $5,000 has a maximum of 2 years imprisonment if prosecuted by indictment, and a maximum of 2 years less a day if prosecuted by summary conviction.

Rest assured, our lawyers will work hard to defend you so that you are not saddled with the consequences of a criminal conviction for property crimes. In fact, we may be able to canvas a range of sentencing options with the Prosecutors that will either leave you with no criminal record or impose minimal restrictions on your liberty after sentencing. To learn more about potential non-criminal resolutions, please visit our Resolutions page, or read our FAQ on resolutions and other sentencing options.

Property Crime Charge Investigation

An investigation of a property crime charge in Calgary will vary depending on the offence alleged. However, the investigation is typically initiated by a complaint from a witness to the alleged theft. This may be the alleged victim, who claims that their personal property was taken or destroyed, or it may be someone who claims to have witnessed the property crime. The police will attend the scene and request a written statement from the alleged victim and any other witnesses, then will launch an investigation.

Calgary Police take property crimes very seriously. The police will typically engage in a thorough investigation to find sufficient evidence to charge. After the police have gathered their evidence, they will arrest you if they believe you are the perpetrator. Police will track you down or issue a warrant for your arrest.

After you have been charged, police will provide a package with all the evidence they collected, known as the “disclosure package,” to the Crown Prosecutor. You will have the right to access this disclosure package to see the evidence against you. Once you retain one of our lawyers, we will assist you in obtaining the disclosure package, and we will review it with you to assess the strengths and weaknesses of the Crown’s case, as well as any legal defences that may be available to you.

Bail Conditions for Property Crime Charges

If you are released on bail after being charged with a property crime, you will be provided certain conditions which you must follow after being released to the public. If you do not follow these conditions, you can be arrested and held in custody pending another bail hearing. Your bail conditions will provide certain restrictions which you must follow.

In the case of property crimes, restrictions usually include an order to stay away from certain places or individuals that were victims of the alleged offence. Depending on your condition when committing an offence, conditions may also limit drug and alcohol use or the possession of firearms and other weapons. More severe conditions can include house arrest or curfew conditions.

Once you retain one of our experienced criminal defence lawyers, we will begin working to secure your release on bail.

Frequently Asked Questions About Property Crime

Will a property crime conviction show on my criminal record?

Property crimes are criminal offences, and therefore if you are convicted of one, it will likely show on your criminal record. If you are not convicted then the charge will still likely be in the police database.

How long does a property crime case take?

The length of a property crime case will vary depending on the amount of cases in court and the complexity of the case. The first step of any property crime case is to order disclosure, which can take anywhere from a few weeks to a few months. Depending on whether you choose to set your matter for trial or resolve it before trial will also influence how long your case will take. A broad estimate can be anywhere from three to twelve months.

Can I go to jail for property crime charges?

If you are found guilty of property crime, you can go to jail. Serious property offences, such as robbery and arson, can lead to significant jail time. Less serious property offences, such as theft under $5,000, have maximum punishments of 2 years imprisonment. Therefore, there is a possibility that you can go to jail for property crime charges, but it is not guaranteed.

Do I have to tell my employer about property crime charges?

You are generally not required to tell your employer about a property crime charge. However, an employer may find out about a fraud charge through a vulnerable sectors check, as this check can show ongoing charges. Further, if the property crime is related to an employer, you may be required to tell them of the charges. For the most part, however, you are not required to tell your employer.

Related Offences

  • Break and Enter: In Canada, breaking and entering involves either: (1) entry into a “place” with the intent to commit an indictable offence; (2) entry into a “place” where one commits an indictable offence; or (3) breaking out of a “place” after having committed an indictable offence or after having entered that place with the intent to commit an indictable offence.
  • Theft: Theft is a type of non-violent property offence that covers a variety of illegal acts, including shoplifting or taking the personal property of a friend, family member or stranger without consent.
  • Robbery: Robbery encompasses several types of offences; however, they all have the underlying commonality that violence or a threat of violence was used to, or with the intent to, steal from another person.
  • Arson: Arson involves causing damage to property by intentionally or recklessly causing a fire or an explosion.

Contact Us

If you have been charged with a criminal offence, you need legal advice. Contact our Calgary criminal lawyers today for a free consultation.

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