Theft Over $5,000

What is Theft Over $5,000

Definition: Section 334 of the Criminal Code of Canada defines theft as taking or fraudulently converting to your own use something that belongs to someone else, with the intent to deprive them of it. When the item is worth more than $5,000, it’s considered “theft over”.

Important Points

  • Theft requires intent. Temporarily borrowing something without permission generally wouldn’t be theft.
  • The value of the item is the key factor determining whether the charge is ‘under’ or ‘over’ the $5,000 limit.
  • Theft over $5,000 can encompass a wide array of situations, from stealing a single expensive item to more complex fraud schemes.

Common Evidence

  • Witness statements about seeing you take the item or evidence of your involvement in the scheme.
  • Security or surveillance footage showing any part of the alleged theft.
  • Recovery of the stolen property.
  • Financial documentation, emails, or other proof of transactions involved in a fraud scheme.

Penalties for Theft Over $5,000

Theft over $5,000 is always an indictable offence with the potential for serious consequences.

  • Maximum Penalty: Up to 10 years in prison.

How We Can Help

Securing Your Release: An arrest for theft over $5,000 means you’ll almost certainly face a bail hearing. We’ll work tirelessly to advocate for your release with reasonable conditions to minimize any disruption to your life while the case proceeds.

Fighting the Charges: Every theft case is unique. We’ll look closely at the facts of your situation to build a strong defence:

  • You didn’t take the item, or there’s mistaken identity.
  • You did have permission to take the item, or there was an honest misunderstanding.
  • The prosecution may not be able to prove the item was valued over $5,000.
  • Lack of the intent required to prove a theft.
  • Questions around the reliability of witness or documentary evidence against you.

Frequently Asked Questions

Yes, the Crown may treat multiple related acts as a single ‘over’ charge if it exceeds the threshold.

Generally, no. The intent to deprive at the time of the taking is central to a theft charge.

Theft usually involves physically taking something, while fraud focuses on obtaining something by deceit or dishonest means.

Let's Talk About Your Case

Theft over $5000 charges are very serious and can have life-altering repercussions. The sooner you secure skilled legal representation, the better. Contact us as soon as possible for a free case review to discuss possible defences and plan your next steps.

Free Confidential & Detailed Case Review

Other Property Offences

Successful Cases

View Our

Successful Cases

We have helped hundreds of people get their charges dropped or reduced. We know the system, fight hard for your rights, and get the best outcome for your future.

Client Reviews

Free Confidential & Detailed Case Review