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Theft

Theft: Frequently Asked Questions

What if you are charged with Theft?
What is Theft?
What if you are charged with theft from your employer?
Sentencing

What if you are charged with Theft?
Theft charges can have serious consequences on your life. The good news is that, in many theft cases, the defence lawyer is able to compile a number of different options for you in terms of your defence and/or early resolution. Most people do not realize that one simple charge of theft/shoplifting can affect your criminal record.

Recent successes have included Roxana avoiding jail time for clients with lengthy records. They have also included avoiding convictions and having all charges withdrawn. Call Roxana Soica for a free consultation at 416.723.6497.

What is Theft?

  1. (1) Every one commits theft who fraudulently and without colour of right takes, or fraudulently and without colour of right converts to his use or to the use of another person, anything, whether animate or inanimate, with intent

(a) to deprive, temporarily or absolutely, the owner of it, or a person who has a special property or interest in it, of the thing or of his property or interest in it;

(b) to pledge it or deposit it as security;

(c) to part with it under a condition with respect to its return that the person who parts with it may be unable to perform; or

(d) to deal with it in such a manner that it cannot be restored in the condition in which it was at the time it was taken or converted.

What if you are charged with theft from your employer?

This is serious charge, involving breach of trust. It is more difficult to obtain an early resolution in this case but your lawyer can develop a plan to ensure that you have many other options available.

Sentencing

The punishment for theft ranges from case to case:

  • If the property stolen is under $5,000.00: a summary election results in a maximum period of 6 months jail or a small fine; and an election by indictment results in a maximum period of two years
  • If the property stolen is over $5,000.00 or a testamentary instrument: this is an indictable offence with a maximum of ten years in jail
  • Naturally, all other Orders and Sentencing options, are available (Please refer to The Criminal Process)