Theft
Fighting Theft Charges With Clarity, Experience, And Care.
Shoplifting, Theft, Possession Stolen Property, Fraud, Mischief, Robbery
CSN Law Professional Corporation has substantial experience defending individuals charged with property-related offences, including theft, robbery, fraud, and shoplifting. These charges carry serious consequences, such as a criminal record, the risk of imprisonment, and for non-citizens, the possibility of inadmissibility to Canada under immigration law.
If you’re facing property-related charges, don’t wait—we offer free and confidential consultations to help you understand your rights, the potential outcomes, and the best path forward.
Why Choose CSN Law PC?
Our firm stands behind one clear principle:
“We Stand For Fairness, Especially When Good People Face Serious Accusations. Csn Law Examines The Facts, Protects Your Rights, And Works To Minimize Penalties Or Have Charges Dropped Wherever Possible.”
We don’t take cases lightly—we build strong, strategic defences from day one. When you retain CSN Law PC, you can expect us to:
- Conduct a thorough and detailed review of all disclosure
- Listen to your full story with attention and empathy
- Quickly identify legal and factual defences
- Take proactive steps to secure and preserve crucial evidence (e.g., surveillance footage), which may be time-sensitive
Our proven track record includes withdrawals, and trial victories. At CSN Law PC, we don’t just defend—we relentlessly advocate to protect your future.
Theft
Theft offences are hybrid in nature, meaning the Crown may choose to proceed either by indictment or summarily, depending on the circumstances and seriousness of the case. The applicable penalty is based on the value of the stolen property:
- Theft Over $5,000 or Theft of a Testamentary Instrument
- Indictable Offence: Up to 10 years’ imprisonment
- Summary Conviction: Lesser sentence, typically for less aggravated cases
- Theft Under $5,000
- Indictable Offence: Up to 2 years’ imprisonment
- Summary Conviction: Shorter jail time or alternative sentencing
- Note: Theft under $5,000 is classified as an absolute jurisdiction offence, meaning the case will be heard in the Ontario Court of Justice and the accused does not have a right to elect the mode of trial.
Common Scenarios: Shoplifting and Intent
Theft charges often arise in retail contexts, commonly referred to as shoplifting. These cases involve allegations of individuals taking merchandise from stores without payment. Regardless of whether the theft occurs in a commercial or private setting, the Crown must prove that:
- The accused intended to permanently or temporarily deprive the owner of the item
- The act was done knowingly and without consent
In criminal law, intent (or “mens rea”) is essential. Accidental or mistaken taking does not meet the legal threshold for theft.
Available Defences
Each case must be analyzed on its facts. Common defences to theft may include:
- Lack of intent
- Mistake of fact (e.g., belief that the item belonged to the accused)
- Colour of right (a genuine belief in the right to possess the property)
- Identity issues or inadequate evidence from the Crown
An experienced criminal defence lawyer will carefully review disclosure, including surveillance footage, witness statements, and police conduct, to identify any weaknesses in the Crown’s case.
Diversion and Early Resolution
In some cases, especially for first-time offenders or less serious allegations, the Crown may offer a diversion program. This is an opportunity to resolve the matter without a criminal conviction, often by fulfilling certain conditions such as:
- Attending counselling or theft awareness programs
- Performing community service
- Offering restitution or an apology to the victim
Diversion is typically considered when mitigating factors are present, such as:
- No prior criminal history
- Full recovery of the stolen property
- Willingness to take responsibility
- Evidence of remorse
However, aggravating factors may make diversion less likely:
- Aggravating Factors
- A prior record for similar offences
- Theft involving a breach of trust (e.g., employee theft)
- Property was not recovered or cannot be returned
- Inability or refusal to compensate the victim
Conclusion
Theft charges, whether under or over $5,000, can have serious and lasting consequences, including criminal records, immigration issues, and jail time. If you are charged with theft, it is critical to seek legal advice immediately. At CSN Law Professional Corporation, we provide a free, confidential consultation and a tailored defence strategy backed by experience, diligence, and results.
