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Theft

Understanding Theft Charges in Canada

Theft generally refers to taking someone else's property without legal permission. In Canada, theft charges are categorized based on the value of the stolen items. If the value is under $5,000, it is classified as theft under $5,000, while theft over $5,000 involves items exceeding that amount. While the basic elements of both offences are the same, the penalties can vary significantly. Convictions for theft can result in a range of outcomes, from conditional discharges to lengthy prison sentences.

What is the Difference Between Theft Under $5,000 and Theft Over $5,000?

Theft, as defined by Canadian law, involves taking someone else's property without legal authority. Depending on the value of the stolen items, charges can be classified as either theft under $5,000 or theft over $5,000. The primary difference between these two charges lies in the severity of the penalties upon conviction.

Theft Over $5,000
Theft over $5,000 is considered a more serious crime and is classified as an indictable offence under Section 334 of the Criminal Code of Canada. If convicted, the maximum penalty is up to 10 years of imprisonment.

Theft Under $5,000
Theft under $5,000 can be prosecuted either as an indictable offence or by summary conviction. If the Crown elects to proceed by indictment, the maximum sentence is up to two years of imprisonment. If the Crown proceeds summarily, the maximum penalty is six months of imprisonment.

For first-time offenders charged with theft under $5,000, there is often an opportunity to participate in the Alternative Measures Program (AMP). This program allows the accused to complete specific conditions, such as counselling or community service, in exchange for the withdrawal of charges. Successfully completing the program ensures that the accused avoids a criminal record, which can be crucial for future opportunities.

Diversion Programs and Alternative Measures

In some cases, individuals charged with theft under $5,000 may be eligible for diversion programs, such as the Alternative Measures Program (AMP). These programs allow accused persons to avoid a criminal record by completing specific conditions, such as community service or counselling. Once the conditions are fulfilled, the charges are typically withdrawn, leaving the individual with no criminal record.

Eligibility for these programs often depends on factors like the value of the stolen goods and whether the accused has a prior criminal record. A skilled criminal defence lawyer, such as Ryan Patmore, can help navigate this process and advocate for your inclusion in a diversion program, potentially preventing a criminal conviction.

Making Sense of the System

What to Do If You’re Charged with Theft

If you’ve been charged with theft or shoplifting, it’s essential to seek legal representation as soon as possible. A knowledgeable lawyer like Ryan Patmore can assess the specifics of your case, explore potential defences, and work to protect your rights and reputation. Whether it’s negotiating with the Crown for a diversion program or defending your case in court, having the right legal advocate can make all the difference.

Calgary Defence Lawyer- Ryan Patmore

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What is Shoplifting?

Shoplifting is a specific form of theft where an individual takes items from a retail store without paying for them. Unlike organized shoplifting rings, most shoplifting incidents involve impulsive acts and typically involve low-value items. Individuals caught shoplifting are often charged with theft under $5,000.

To secure a conviction for shoplifting, the Crown must prove several elements, including that you had the intent to commit the theft. It's not uncommon for individuals to unintentionally leave a store without paying due to distractions like attending to children or answering a phone call. In such cases, where there was no intent to steal, a conviction for shoplifting would not be warranted.

Alternative Measures Program

In some cases, those charged with shoplifting may have their charges withdrawn by participating in the Alternative Measures Program (AMP). This program provides an alternative to the traditional court process, requiring the accused to complete specific conditions, such as counselling or community service. Upon successful completion, the shoplifting charge is withdrawn, leaving the individual with no criminal record.

The key to accessing the AMP often lies in having the right legal representation. Ryan Patmore is dedicated to ensuring that eligible clients are accepted into the program, helping them navigate the process and work towards a favourable outcome.

Frequently Asked Questions

  • In Canada, robbery involves the use of force, threats, or violence to steal from someone. Theft, on the other hand, is the act of taking someone’s property without their consent and without using force or threats. Robbery is considered a more serious crime and carries harsher penalties.

  • The consequences of a theft conviction can vary widely depending on the nature of the offence. Theft from an employer, for example, is treated with greater severity than shoplifting due to the breach of trust involved. Such cases often do not qualify for diversion programs and may result in significant penalties, including imprisonment, even for first-time offenders.

    Penalties for Theft

    • Theft Over $5,000: When convicted of theft over $5,000, the maximum sentence is 10 years’ imprisonment.

    • Theft Under $5,000: If charged with theft under $5,000, the penalties vary based on the method of prosecution:

      • Indictment: The maximum sentence is two years’ imprisonment.

      • Summary Conviction: The maximum sentence is six months’ imprisonment.

  • Yes, theft can still occur even if the property you took legally belonged to someone else. If a person has a legitimate property interest in the item that was taken, they can make a theft allegation.

  • The Criminal Code of Canada categorizes theft into several distinct types:

    • Petty Theft: The theft of items of minimal value.

    • Grand Theft: The theft of items of significant value.

    • Retail Theft or Shoplifting: The theft of merchandise offered for sale in a retail setting.

    • Identity Theft: The unauthorized use of another person's personal information to commit fraud or deception.

    All types of theft are punishable by imprisonment and, in some cases, a fine as determined by the court.

Stolen 

Property

Possession Of Stolen Property

Arson is a severe criminal offence in Canada, with various charges depending on the circumstances and intent behind the act. If you are facing arson charges, it's crucial to understand the specific allegations against you and seek the help of an experienced criminal defence lawyer like Ryan Patmore. Below is an overview of the types of arson charges and their legal implications under the Canadian Criminal Code.

Credit Card Offences

Understanding Illegal Possession and Fraud

Credit card offences are treated with utmost seriousness under Canadian law. These offences include:

  • Theft of credit cards

  • Forgery of credit cards

  • Falsification of credit cards

  • Wrongful possession of credit cards with intent to commit fraud

Penalties for Credit Card Offences

Under section 342(1) of the Criminal Code of Canada, individuals convicted of stealing, forging, falsifying, using, or trafficking in credit cards—or using revoked or cancelled credit cards—are guilty of an indictable offence. Conviction can lead to imprisonment or other penalties, including:

  • For theft, forgery, or use of a stolen or forged credit card: Up to 6 months imprisonment and/or a $5,000 fine.

  • For more severe cases or indictable offences: Up to 10 years imprisonment.

Credit card offences are categorized as serious crimes due to the significant financial impact on victims. The broad definition of these offences means that even negligent use of credit cards can result in fraud charges.

Why You Need a Skilled Criminal Defence Lawyer

If you face charges related to credit card offences, it's crucial to have an experienced criminal defence lawyer on your side. Representing yourself in such cases can be risky, as fraud-related lawsuits are complex.

Ryan Patmore Criminal Defence provides expert legal representation for credit card offences. Ryan Patmore has extensive experience handling these serious charges and is committed to defending your rights. Whether you're facing allegations of fraud or illegal possession of credit cards, Ryan Patmore can work to prove your innocence or negotiate a reduced sentence if convicted.

For a thorough and dedicated defence, contact Ryan Patmore Criminal Defence to discuss your case. Whether you are innocent or seeking the best possible outcome, our goal is to achieve the best results for you.