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 less than $5,000, it’s considered “theft under”.
Important Points
Common Evidence
Theft under $5,000 is a hybrid offence, giving the Crown the discretion to proceed summarily or by indictment:
Summary Conviction: Less serious cases.
Indictment: More serious cases, often due to previous convictions or a more calculated nature to the theft.
Securing Your Release: An arrest for theft 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 theft case is unique. We’ll look closely at the facts of your situation to build a strong defence:
It’s still theft, regardless of where it occurs. Charges can range from ‘under’ or ‘over’ the $5,000 limit, depending on the value of the items taken.
Yes. While returning the item and apologizing might help reduce consequences, intent at the time of the taking is central to a theft charge.
Yes, but it’s only one factor the Crown considers when deciding how to proceed. It’s crucial to secure legal advice, even for a first-time charge.
Even a ‘minor’ theft conviction can have a lasting impact on your reputation, employment opportunities, and ability to travel. Don’t underestimate the potential consequences, seek legal advice as soon as possible. Contact us for a free case review to discuss possible defences and how to protect your future.
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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.
