If you are facing theft charges, you need a criminal defence lawyer in Calgary to look at your case as soon as possible.

When someone in Canada takes something that belongs to someone else without their permission and plans to keep it forever, that is theft.

Theft can be prosecuted in two ways, depending on the value of what was stolen. For items worth over $5,000, theft is an indictable offence with serious consequences. Someone convicted could face up to 10 years in prison.

For items worth $5,000 or less, theft can be treated as either an indictable offence or a summary offence (less serious). If treated as a summary offence, the punishment can include up to two years in jail, a fine of up to $5,000, or both.

Strategic Criminal Defence is a top Google-rated criminal defence firm in Calgary, with over 500 5-star reviews. Our firm, and our experienced legal team, have defended clients in over 10,000 criminal cases. Leveraging our extensive network of lawyers and decades of experience, we craft defence strategies to help those accused of theft beat the charge.

The lawyers at Strategic Criminal Defence are both highly experienced and dedicated to defending your rights and future in the face of these charges. Contact a lawyer today by calling (403) 719-6410.

Key Takeaways

  • Theft in Canada means taking something that belongs to someone else without permission.
  • The severity of theft charges depends on the value of stolen items: Over $5,000 is a serious indictable offence, under $5,000 can be either indictable or summary offence
  • Possible jail sentences:
    • Up to 10 years for theft over $5,000
    • Up to 2 years for theft under $5,000
  • Common bail conditions for theft charges may include:
    • Staying away from the location where the theft occurred
    • Not contacting certain people
    • Regular check-ins with probation officers
  • Theft charges can be beaten with proper legal defence, such as:
    • Proving lack of intent to steal
    • Showing you believed the item was yours
    • Challenging the evidence against you
  • It is important to contact Strategic Criminal Defence right away if charged with theft

How Our Lawyers Help With a Theft Charge

Our lawyers can help you in many ways if you are accused of stealing in Calgary. 

  • Before charges are brought against you, we can give you legal advice to help you understand your options and maybe even stop the charges from being brought.
  • Our Strategic Criminal Defence team can help you not say anything that could be used against you.
  • A Strategic Criminal Defence lawyer who has worked on theft cases before will find evidence that supports your case, like video that shows you didn’t take the item or receipts that show you own it.
  • When we need to, we can hire experts like forensic analysts to look into fingerprint or DNA evidence that links you to the stolen property.

Our team will explain how Calgary’s criminal justice system works. We will use what they know about theft laws and how things work in local courts to get the best possible outcome for your case.

Examples of Theft Charges

In Calgary, you could be charged with theft in a lot of different situations, such as: 

  • A teen walks out of an electronics store with a $75 video game in their backpack without paying for it. This would be stealing less than $5,000.
  • A person who works in an office steals a $1,200 laptop from the company and claims it as their own. This is taking less than $5,000 from a business.
  • At night, someone breaks into a jewellery store and steals $8,500 worth of rings and necklaces. You could get worse punishments if you steal more than $5,000.
  • A cashier at a grocery store doesn’t scan some of the things that friends of theirs buy. This lets them take $300 worth of food. This is stealing less than five thousand dollars.

Consequences of a Theft Charge

If you get caught stealing in Calgary, the exact punishments depend on how much the stolen item was worth and what the Crown decides to do with your case.

  • Theft is a hybrid offence in Canada. The Crown prosecutor can go ahead with a summary charge in less serious cases. If the theft is more serious, they can proceed by indictment.
  •  For theft under $5,000, if treated summarily, you could face up to two years in jail. If treated as an indictable offence, the maximum is two years.
  • For theft over $5,000, this is more serious and carries a maximum sentence of 10 years in prison.
  • There is no minimum jail time for stealing, so a judge might not give any jail time at all, especially if the person has never done it before.
  • The fines for theft also vary. For summary conviction, you could face a fine up to $5,000. For indictable offences, there is no maximum fine in the Criminal Code.

Theft Charge Defences

If someone in Calgary is accused of theft, there are options for defending themselves. We can help you lower your charges or even get them dropped.

When someone is accused of theft, there are possible defences: 

  • Using the claim of right defence means that you really thought you had the legal right to the property you took. If you took a bike that you really thought was yours, this might be a good defence. This still works, even if you were wrong about what you thought. The court doesn’t care if you really had a right to the property; it only cares if you thought you did.
  • Not having intent: You have to want to steal in order to steal. You might be able to defend yourself if you can show that you didn’t mean to take something for good. If you walked out of a store with something you didn’t mean to steal because you were on the phone, that means you didn’t mean to steal it. If you borrowed something with the honest intention of returning it later, this could also get rid of the theft charge.
  • Wrong Person: The police sometimes take the wrong person into custody. If you can show that you didn’t steal the item, you have a strong case. This could mean showing proof that you weren’t there when the crime happened. You can prove you weren’t there with security camera footage, witness statements, or electronic records like cell phone data that show where you were.

Theft Charge Investigation

When someone in Calgary reports a theft, the Calgary Police Service response is different depending on how much the stolen things are worth. 

  • The police first ask the victim what was stolen, when it happened, and who they think might have done it.
  • They get evidence like pictures of the crime scene, fingerprints, or video from security cameras.
  • A lot of the time, they talk to store security and get statements from people who saw what happened.
  • If the stolen item is worth a lot of money, detectives from specialized units may take over the case.
  • Calgary police use a number of different ways to catch thieves, such as going undercover and watching “hot spots” where thefts happen.

Bail Conditions for Theft Charges

People in Calgary who are accused of stealing might be able to go free while they wait for their trial. They have to follow some rules when they get out on bail. If you break these bail conditions, you could get more charges.

When someone is accused of stealing, the judge usually sets conditions that deal with the risk of them stealing again. 

  • The most common condition is “Be good and keep the peace.” This means that you can’t break the law again while you’re out on bail.
  • People who are accused of stealing are usually told not to go back to the place where the theft happened. For instance, someone who is accused of stealing from a mall might not be able to go back to that mall.
  • People who are out on bail for theft have to stay home during certain hours, usually at night, and follow a curfew.
  • The court might tell you to check in with the police or a bail supervisor on a regular basis.

These rules will stay in place until the case is over, which could be when the person admits guilt, goes to trial, or the charges are dropped.

For more information, visit our page on The Bail Hearing Process in Calgary.

Frequently Asked Questions

Yes, people who steal for the first time can go to jail. However, people who steal less than $5,000 for the first time usually don’t go to jail. Instead, they often get probation, community service, or a conditional release. If you don’t have a criminal record, feel bad about what you did, and the things you stole weren’t worth much, you have a better chance of not going to jail. But even people who have never been in trouble with the law before can go to jail for stealing more than $5,000. The court looks at things like your personal situation, whether you have returned or paid for the stolen items, and whether you have done anything to fix any problems you may have, like drug or alcohol abuse or mental health issues.

Yes, if you are found guilty of theft, employers may ask for criminal record checks that will show it. If you want to work with money, in security, or in a job where people need to trust you, this can make it harder to get a job. Your theft conviction will stay on your record if you don’t get a record suspension, which used to be called a pardon. Some background checks might show charges that are still pending, even if the person hasn’t been found guilty yet. If you get an absolute or conditional discharge instead of a conviction, these will stay on your record for years before they are automatically taken off.

The most important thing is what might happen as a result. Shoplifting, taking small things, or taking cash that is less than $5,000 are all common. The longest sentence it could get if it goes to trial is two years. Taking more than $5,000 is a more serious offence that can include stealing cars, expensive electronics, or a lot of cash. It has harsher punishments, including up to 10 years in prison.

Even if you gave the item back, you could still be charged with theft. If you take something with the plan of keeping it from the owner, even for a short time, you are stealing. Returning the item might help your case and lower the charges or penalties, but it doesn’t mean you didn’t steal it in the first place.