Theft Under $5,000
Criminal Defence
Being charged with a criminal offence is a serious matter. You could be facing jail time, fines, or other forms of punishment. Hiring the Cordaie Paralegal team will give you the best chance of getting the outcome that you want.
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Theft Under $5,000
Theft under $5,000 charges in Canada should not be taken lightly, as they can result in severe consequences for those found guilty.
This offense involves stealing property valued at less than $5,000 and can lead to fines, imprisonment, or both. It is crucial to understand the seriousness of these charges and seek legal assistance if you are facing them.
An experienced criminal defense paralegal can guide you through the legal process and work towards the best possible outcome for your case. Remember, being charged with a crime does not automatically make you guilty, and you have the right to a fair trial.
Theft Under $5,000 in Canada
Let's face it: you're not perfect. And we know that sometimes, when you mess up, it can be pretty easy to make a mistake that could end up with you facing the penalties of theft under $5,000.
If this sounds like something you've been through before, we may be able to help. Our paralegals have been trained in the laws around theft under $5,000 as well as other matters of criminal law and will do everything they can to make sure your case ends with an acquittal rather than a conviction.
We know what it's like when our clients are charged with a crime—and we know how scary that can feel. That's why our paralegals are here for you: to give you the best possible chance at being acquitted!
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Theft Under $5,000
Some information that you should know about theft under $5,000.
Defining the Term "Theft Under $5,000"
Theft is a type of non-violent property offence, such as shoplifting or taking the personal property of a friend, family member, or stranger without consent. It is covered by section 322(1) of the Criminal Code of Canada, which distinguishes between offences over $5,000 and those under $5,000. Theft Under $5,000 can result in a criminal conviction with long-term consequences. It is always advisable to talk to us before you plead guilty to any crime.
Section 322(1) of the Criminal Code states,
"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."
Significance of the $5,000 Number
According to Canadian law, it is most important to distinguish the value of the property taken by the 5000-dollar number. A theft crime under $5,000 is prosecuted and sentenced under two sets of guidelines, with harsher penalties for crimes over $5,000.
Definition of Shoplifting
When you shoplift from a store, you take something without paying for it. The crime of theft is classified according to several categories in Canadian law, with the value of the property taken being the most important distinction. There is one set of guidelines for prosecuting and sentencing theft crimes under $5,000, while another set of guidelines exists for theft over $5,000, which carries harsher penalties.
Under Section 322 of the Criminal Code, anyone who fraudulently and without colour of right takes, or converts to his or another's use, anything, whether animate or inanimate, with intent commits theft. The intent must be proven beyond a reasonable doubt in order for a conviction to stand.
Under $5,000 Shoplifting & Theft Penalties
Depending on your criminal history, shoplifting or theft under $5,000 can result in serious penalties. According to the Code, you are punished for theft if you commit theft of $5,000 or less, or if your theft is equal to or less than $5,000. As hybrid offences, both offences can be prosecuted indictably or summarily by the Crown. It is more serious to receive an indictment than a charge.
For Theft Under $5,000:
- Indictment: Up to 2 years less a day imprisonment
- Summary: Up to 6 months in jail, plus probation
Your Sentence Based on a Number of Factors, Including:
- Amount taken
- Your relationship with the alleged victim
- History of your criminal offences
The Following Two Factors Are Likely to Lead to Jail Time:
- Over $5,000 in thefts; and
- In situations where the theft occurred in the course of employment, or in another relationship based on trust.
The “Shop Theft” Program in Ontario
As part of the program, offenders can be released once relevant details are taken by the store owner or security. First-time offenders aged 18 or older can avoid charges and prosecution after an investigation is launched. At the time of release, the suspect is given a notice of apprehension and a criminal summons may be issued later.
Theft Defences
It is important to note that no single defence can be applied to every allegation of theft and that there are numerous defences available which can significantly and positively influence the outcome.
In general, the best defences are:
Colour of Right
- Often, this defence arises when you believe you have a lawful right to property but in reality, do not. In order to prove that you honestly and reasonably believed this particular state of affairs, you must establish a factual basis. There is still a high burden of proof for this type of prosecution because the Crown must prove the elements of the offence beyond a reasonable doubt.
Factual Innocence
- The strongest defence is Factual Innocence, in which the facts and evidence do not support the defendant's presence at the scene or ownership of the property.
Identity
- It may be possible to raise an identity defence in certain circumstances. If you intend to use this defence successfully, you may need corroborating evidence, such as an alibi for where you were at the time of the crime.
No Mens Rea, Actus Reus
- As a general rule, theft cases can be avoided if the accused did not intend to take the property, such as if they accidentally walked out of a store with an item they did not pay for.
Violation of Constitutional Rights
- It is possible that your defence will be hindered if the police fail to follow the Canadian Charter of Rights and Freedoms before and after arrest.
You Owned the Property
- It may be possible for you to defend yourself against theft charges if you have a proprietary or possessory interest in an item. Documents proving ownership will be extremely helpful. Even if you steal from another person fraudulently, you could be charged with theft. An impound lot fee prevents you from stealing your vehicle without paying the proprietary interest.
Actus Reas, Mens Rea
It is important to note that no single defence can be applied to every allegation of theft and that there are numerous defences available which can significantly and positively influence the outcome.
In general, the best defences are:
The Guilty Act (Actus Reus)
The actus reus (physical element) for theft required to prove the offence beyond a reasonable doubt is:
- Taking something whether animate or inanimate fraudulently and without colour of right.
The Guilty Mind (Mens Rea)
In addition to the actus reus, the Crown must also prove beyond a reasonable doubt the mental element of the offence. Theft requires that you intend:
- To deprive (temporarily or absolutely) the owner of the property; or
- To pledge it as security; or
- To return it to someone in poor or unusable condition; or
- To deal with it in a manner that it cannot be restored to its condition at the time it was taken.
Frequently Asked Questions
Here are answers to some common questions.