Theft Law

Have you or someone you know been accused of theft? Being accused of theft or fraud in endangers your freedom. The representation of a highly experienced criminal defence lawyer Kajol Panchal can protect your liberty and potentially avoid a detrimental criminal record.

Theft

Generally, theft as we all understand, is taking something that does not belong to your, without the consent of the one who it belongs too. Theft is a serious crime, and one of the rising rates in Canada. First-time offenders have been charged with theft and are ending up with a criminal record.
Definition of Theft :

Definition: 322 (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.

There are 2 types of categories :

Theft under $5000—less serious, but the crown can decide to elect between summarily or indictment. If convicted, these charges will appear on your background check. There are various options to be canvassed when charged with a theft under. Theft over $5000 – more serious, and if convicted not only is a criminal record the primary concern, but you can b e sentenced up to 10 years in jail.

Theft is the actual intention to take something that does not belong to you, without the owner giving consent. Possession of stolen property is holding onto or having stolen goods or purchasing those goods after they have been stolen by another. The punishment severity for any conviction for theft will be dependent on the case and factual scenario at hand, the value of the goods stolen, and whether one already has a previous criminal record.

Robbery is taking one step further to theft. Like theft, robbery is the intent to take another person's property/goods without their consent, but with robbery, it comes with a combination of violence to the act. Robbery is an indictable offence, and if convicted some very serious and/or automatic penalties may be applied—this again is dependent on the case at hand, firearms (if any) used, value of the goods, the gravity of the violence used etc.

Defences for these charges vary depending on the case at hand. If the client acknowledges the commission of the offence, we attempt to mitigate consequences and make restitution. If defences such as mistake of fact, alternate suspects etc. are available, all the defences are thoroughly examined based on the case at hand.

Get Help:

    How Can aTheftLawyerHelp Me?

    A theft lawyer, also known as a criminal defense lawyer specializing in theft-related offenses, can provide several invaluable services if you're facing theft charges or accusations. Kajol Panchal can explain the charges against you, the potential consequences, and your legal rights. She can provide you with guidance on how to navigate the legal process and make informed decisions about your case. Kajol Panchal has the knowledge, support, and advocacy needed to navigate the complexities of the criminal justice system and achieve the best possible outcome in your theft case.
    1
    What is the punishment for theft under $1000 in Canada?

    The punishment for theft under $1000 can include:

    Probation: Offenders may receive a sentence of probation instead of imprisonment. Probation may include conditions such as community service, counseling, or refraining from certain activities.

    Fines: Offenders may be ordered to pay fines as part of their sentence. The amount of the fine can vary depending on factors such as the value of the stolen property and the offender's ability to pay.

    Restitution: Offenders may be ordered to pay restitution to the victim to compensate for the value of the stolen property. This can be in addition to any fines or other penalties imposed by the court.

    Conditional discharge: In some cases, offenders may be granted a conditional discharge, where they are not convicted of the offense if they comply with certain conditions set by the court. If the conditions are successfully met, the charges may be dismissed.

    Jail time: While less common for theft under $1000, in some cases, offenders may receive a custodial sentence, including imprisonment. However, this is more likely if the offender has a significant criminal history or if other aggravating factors are present.

    2
    Can you go to jail for theft in Ontario?
    Yes, you can go to jail for theft in Ontario, Canada. The length of imprisonment and other penalties depend on various factors such as the value of the stolen property, the circumstances of the offense, and the offender's criminal history. In Ontario, theft is considered a criminal offense under the Criminal Code of Canada, and penalties for theft can include imprisonment, fines, probation, restitution, and other sanctions. The severity of the punishment may vary based on the specific details of the case and the discretion of the judge during sentencing.
    3
    What are the types of theft charges in Ontario?

    Simple theft charges in the Criminal Code fall under three categories:

    Theft under & over $5000.00 – While theft under $5000 is a hybrid offence, theft over $5000 is an indictable offence and carries more severe penalties.

    Shoplifting & Theft Charge – Shoplifting typically falls under the category of theft under $5,000, given that many instances of shoplifting involve smaller amounts. However, if someone shoplifts items with a total value over $5,000, they could potentially be charged with theft over $5,000.

    Possession of property obtained by crime – This concerns having possession of any property or thing or any proceeds of any property or thing, knowing that all or part of the property or thing or the proceeds was obtained by illegal means.

    4
    What should I do if I am charged with theft?
    If you are charged with theft you should stay silent and see legal counsel immediately. Being charged with theft can be stressful, but it's essential to remain calm and composed. Panicking or reacting emotionally could potentially worsen the situation.Hire a qualified theft lawyer who specializes in theft cases. Kajol Panchal will provide you with legal advice, represent you in court, and work to build a strong defense on your behalf.
    5
    What is the difference between robbery and theft?

    Theft and robbery are both criminal offenses related to unlawfully taking someone else's property, but they differ in key aspects:

    Theft: Theft involves the unauthorized taking of someone else's property with the intent to permanently deprive them of it. The act of theft can occur in various ways, such as shoplifting, embezzlement, or stealing personal belongings. Importantly, theft typically does not involve the use or threat of force against the victim.

    Robbery: Robbery, on the other hand, involves the theft of property with the additional element of force or threat of force against the victim. In a robbery, the offender uses intimidation, violence, or the threat of violence to take property from the victim. The force or threat of force distinguishes robbery from other forms of theft.

    In summary, the key difference between theft and robbery lies in the presence of force or threat of force. Theft involves unlawfully taking property without force, while robbery involves using force or the threat of force to commit theft. Both theft and robbery are criminal offenses and can result in legal consequences, but the severity of the penalties may vary based on factors such as the value of the stolen property and the circumstances of the offense.