Theft Lawyers in Toronto

If you are facing theft charges in Ontario, you need a criminal defence lawyer in Toronto to look at your case as soon as possible. A conviction on theft charges can carry serious consequences including expensive fines and jail time.

Strategic Criminal Defence is a top Google-rated criminal defence firm in Toronto, with over 70 5-star reviews for our Ontario branch. Our firm, and our experienced legal team, have defended clients in hundreds of 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 in the face of these charges. Contact a Toronto theft lawyer today by calling 647-986-8077.

Theft Charges in Ontario

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 their consent.

The relevant provisions for theft in the Criminal Code of Canada are:

According to the Code, a person commits theft when they take something that belongs to another person with the intent to temporarily or permanently deprive them of that good.

Theft is generally divided into two categories:

• Theft in an amount over $5,000, and
• Theft in an amount equal to or less than $5,000.

In order to be found guilty of theft in Canada, the Crown Prosecutor must prove beyond a reasonable doubt each of the following elements:

• You moved something, caused something to be moved, or began to move something that belonged to someone else;
• You moved the property with the intent to steal it either temporarily or absolutely without the owner’s consent; and
• The approximate value of the property you tried to steal.

Other common variations of this type of offence include Possession of Stolen Property and Motor Vehicle Theft. If the theft involves violence or the threat of violence, you may be charged with Robbery.

An investigation of a theft allegation in Toronto 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 without their consent, or it may be someone who claims to have witnessed the theft, such as a loss prevention officer at a store. The police will attend the scene and request a written statement from the alleged victim and any other witnesses, then will launch an investigation.

The vast majority of theft investigations occur quickly. The alleged thief may even be present at the scene and in the custody of the loss prevention officer when the police arrive, which is often the case in shoplifting investigations. If the perpetrator of the theft is not present, police will likely access security footage or other records to find out who committed the offence.

After the police have gathered their evidence, they will arrest you if they believe you are the perpetrator. If you are not present at the scene, 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 obtaining the disclosure package, and we will review it with you to assess the strengths and weaknesses in the Crown’s case, as well as any legal defences that may be available to you.

Bail Process and Conditions

How get out on bail for theft charges in Toronto

If you have been charged with theft, it is not uncommon for police to release you at the scene on a release order. Police will provide you with a document outlining your charges and any appearances you must make. This document may also include conditions that you are required to follow while on release (such as not attending the location where the theft occurred).

However, a formal bail hearing may be required to secure your release, particularly if you have a criminal record, or if the theft allegations are more serious.

In order to conduct a bail hearing, you will be taken to the Toronto Police Service Division that is responsible for the alleged crime. The bail hearing must be held within 24 hours, a period that starts from the moment of arrest or detention rather than the time when you are brought into the Division.

The phone number for each division is 416-808-[Division Number – 00], so for example, the number for 52 Division is 416-808-5200. The addresses for each Division of the Toronto Police Service can be found here.

Alternatively, you may be held at the Toronto South Detention Centre:

160 Horner Ave
Toronto, ON M8Z 0C2
Tel: 416-354-4030

Since a wide array of acts fall under the offence of theft, there is also a wide range of potential penalties if you are found guilty. Your sentence can range anywhere from a discharge (i.e. a finding of guilt, but no criminal conviction), to a fine and/or probation, to a period of jail time.

The Code outlines the maximum allowable punishment for theft as follows:

• For theft in an amount over $5,000:
  • No more than 10 years’ imprisonment;

• For theft in an amount equal to or less than $5,000:
  • No more than 2 years’ imprisonment if the Crown proceeds by indictment, or
  • No more than 2 years’ less a day imprisonment if the Crown proceeds by summary conviction.

The potential sentences available to you will depend on a variety of factors, including the amount that was taken, the relationship between you and the alleged victim, your criminal history, and other applicable personal factors.

While a number of factors could increase the likelihood of jail, two of the most significant factors are:

• The theft was over $5,000; and/or
• The theft occurred in the course of employment, or another trust-based relationship.

If either of these factors are present in your case, the Crown will almost always seek a jail sentence.

In addition to the immediate penalties resulting from a conviction for theft, it can also have negative impacts on your future. You may have trouble securing employment in the field of your choice. This is especially the case for roles that require handling money or valuable items. The lifelong criminal record that results from a conviction can also hinder immigration, travel, and can cause child custody issues.

Therefore, even if you intend on accepting responsibility for this type of offence, it is worthwhile to explore your options and consider all the possible penalties. Often, good representation can result in no criminal record. Furthermore, a community-based sentence may be obtained even where the Crown is seeking jail time.

Rest assured, our lawyers will work hard to defend you so that you are not saddled with the consequences of a criminal conviction for theft. In fact, we can canvass 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.

Defending Theft Charges in Toronto

What are the best defences to theft charges in Toronto?

With theft charges, the defences that may be available to you depend on the facts of your case.

In general, the best defences for theft are:

• Factual Innocence: This is usually the strongest defence because the facts and the evidence do not support you being there, causing the theft, or other basic elements of the offence. This could include:
  • No mental intent: A common defence available in theft cases is that you did not intend to take the property. A basic example would be if you accidentally walked out of a store with an item you did not pay for.
  • You owned the property: You cannot steal what is actually yours. Therefore, 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. Documents proving ownership of the property will likely be of significant assistance in raising this defence. However, even if you have a proprietary or possessory right in the good, if you take it from another person by fraudulent means, you could still be charged with theft in certain circumstances. For example, you could not use the proprietary interest you have in your vehicle to steal it from an impound lot without paying the fee.
  • 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 follow these rights, it could aid in your defence.
• Colour of Right: This defence may arise when you honestly believed you had a lawful right to property, when in reality you did not. For example, if you took your friend’s car with the honest but mistaken belief that he was lending it to you, even though he was not. In order to raise this defence, you will need to establish a factual basis to show that you honestly and reasonably believed in this particular state of affairs.

The Crown is required to prove that you not only took property that was not lawfully yours, but that you intended to take that property. While the Crown must prove beyond a reasonable doubt that you committed the offence, you may bear some responsibility in raising certain defences at trial.

The availability and strength of any defence depends entirely on the specific facts of your case. Our lawyers have significant experience assessing potential defences in theft cases and presenting any and all available defences to the Court at trial. Even if you believe that you will be found guilty, it is important that you obtain a legal opinion about the defences that may be available to you.