Definition: Section 355 of the Criminal Code of Canada defines this offence as having in your possession any property or thing or the proceeds from it, knowing that it was obtained by the commission of a crime. When the value is under $5,000, it’s considered “possession under”.
Important Points:
Common Evidence
This is a hybrid offence, meaning the Crown decides how to proceed:
Summary Conviction: Less serious cases.
Indictment: More serious cases, often due to previous convictions or suspicion of involvement in larger criminal activity.
Securing Your Release: An arrest for possession of property can sometimes lead to a court appearance date without being detained. If you are held for a bail hearing, we’ll fight for your release on the best possible conditions.
Fighting the Charges: Every case is unique, and we’ll carefully analyze the evidence against you. Potential defence strategies might include:
Yes, if you knew or should have suspected it was stolen.
Potentially, but even brief possession can meet the legal definition, though it might impact sentencing.
This focuses on having the stolen item after the fact, not on the initial act of theft.
Possession of property obtained by crime charges can have significant consequences. Don’t underestimate the potential impact on your future, seek legal advice as soon as possible. Contact us for a free case review to discuss possible defences.
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