Theft Charges - Theft Lawyer in Montreal

Expert Legal Representation for Theft and Related Offences

Facing Theft Charges?
Robert Martin Can Help.

Facing theft charges can be daunting and stressful, with severe implications for your personal and professional life. Robert Martin understands the complexities of theft charges and is dedicated to providing robust legal representation to protect your rights and future.

Do not face theft charges alone. Contact Robert Martin today at (514) 892-7337 for a free consultation.

Expertise in Theft Cases

Theft Defence

Legal defence for individuals accused of unlawfully taking property from others.

Shoplifting

Representation for those charged with stealing items typically valued at less than $5,000.

Related Offences

Defence for various associated offences, such as possession of stolen property and trafficking in stolen items, ensuring your rights are protected.

Process Overview

Initial Consultation

Discuss your case and explore legal options during a free consultation, understanding the specifics of the charges against you.

Case Evaluation and Strategy Development

Thoroughly evaluate your case and develop a tailored legal strategy, focusing on gathering evidence and identifying weaknesses in the prosecution's case.

Legal Representation and Advocacy

Provide expert representation and steadfast advocacy throughout your legal proceedings, from court appearances to pre-trial motions to negotiations.

Follow-up and Support

Offer continued support and follow-up after your case is resolved, ensuring your understanding of the outcomes and any necessary next steps.

Understanding Theft Charges

grey scale image of a unlocked pad lock hanging from a latch symbolizing, theft, theft charges, robbery, burglary

Definition of Theft

Theft involves taking or converting another person’s property with the intent to deprive the owner of it, either temporarily or permanently, without the owner’s consent. This includes fraudulently or without colour of right, converting anything to one’s own use or someone else’s use. The intent to steal and the absence of the owner’s permission are critical elements in proving a theft charge.

Legislation

Criminal Code of Canada, Section 322 et seq.

Types of Theft Charges

Theft by Person Holding Power of Attorney: It is illegal for an individual with power of attorney to possess or benefit from money, securities, or property they control on behalf of someone else. This charge often applies to those entrusted with managing the financial affairs of another person who is incapable of doing so themselves.

Motor Vehicle Theft: Stealing a motor vehicle is a criminal offence in Canada and is notably prevalent, resulting in significant annual financial losses.

Theft, Forgery, and Misuse of Credit Cards: It is illegal to steal, forge, or falsify a credit card. Using a forged or falsified credit card with the knowledge that it was illegally made or altered is considered a criminal offence. Additionally, using a revoked or cancelled card knowingly is prohibited and punishable.

Shoplifting: Shoplifting involves taking goods from a retail establishment without paying for them. This offence is considered theft, ranging from minor incidents involving low-value items to more severe cases with higher-value goods. Legal consequences for shoplifting can include fines, community service, restitution, and even imprisonment, depending on the severity and circumstances of the offence.

Robbery: Robbery involves committing theft while using force or threatening to use force. The use of intimidation, force, or coercion to obtain goods distinguishes robbery from simple theft, making it a more serious offence.

Contact Robert Martin Today for a Free Consultation

Do not face theft charges alone. Contact Robert Martin for a free consultation, and let him help you achieve the best possible outcome for your case.

Penalties for Theft Charges

Overview of Potential Penalties

Penalties for theft charges vary based on the nature and severity of the offence. Possible penalties include fines, probation, community service and imprisonment.

Theft Over $5,000: Typically treated as an indictable offence with a maximum prison sentence of 10 years; lesser penalties apply if treated summarily.

Theft Under $5,000: Maximum penalty of two years for an indictable offence or a lesser sentence if treated summarily.

Theft by Person Holding Power of Attorney: This applies to thefts over and under $5,000, depending on the circumstances and amount stolen.

Motor Vehicle Theft: Up to 10 years in prison for an indictable offence or a shorter term if treated summarily.

Theft, Forgery, or Misuse of Credit Cards: Carries a maximum sentence of 10 years for an indictable offence, with reduced penalties for summary convictions.

Robbery: Always considered an indictable offence and can result in a life sentence, particularly when involving a firearm.

Penalties for Being In Possession of Stolen Goods

If you are found in possession of stolen property worth more than $5,000, the Crown can treat it as an indictable offence, punishable by a maximum prison term of 10 years, with lesser penalties if treated summarily. For property worth less than $5,000, the maximum penalty for an indictable offence is two years less a day, with moderate penalties for summary conviction.

Trafficking in stolen items over $5,000 is always indictable, with a maximum penalty of 14 years. Trafficking in items under $5,000 can be an indictable offence, with a five-year maximum sentence or less if it is a summary conviction.

Summary vs. Indictable Offences

Summary Offences

Summary offences are less serious and typically involve lower-value property or less complex theft scenarios. Penalties for summary offences are generally less severe, with individuals facing fines or a maximum prison sentence of up to two years.

Indictable Offences

Indictable offences are more serious in nature and often involve higher-value property or more intricate theft schemes. More serious theft offences prosecuted by indictment can result in harsher penalties, including longer prison sentences, often ranging from several months to many years, depending on the circumstances.

Hybrid Offences

In Canada, theft is a hybrid offence, meaning it can be prosecuted either summarily or by indictment, depending on factors such as the value of the stolen property and the circumstances of the theft. The prosecutor typically decides whether to proceed summarily or by indictment, and the decision can depend on various case-specific factors and the accused's criminal history.

Factors Influencing Penalties for Theft

Value of Stolen Property: Thefts under $5,000 and over $5,000 are treated differently, with higher-value thefts typically receiving more severe penalties.

Type of Property: Theft involving items like firearms, vehicles, or sensitive information may incur increased penalties.

Aggravating Factors: Circumstances such as violence, targeting vulnerable individuals, or repeated criminal conduct can lead to stricter sentences.

Mitigating Factors: Factors like a clean prior record, remorse, cooperation with authorities, or restitution to the victim can reduce penalties.

Criminal History: Repeat offenders may face harsher penalties due to their previous convictions.

Restitution: Efforts to compensate victims can positively affect sentencing outcomes.

Sentencing Principles: Sentencing considers proportionality, parity, and using the least restrictive measures necessary.

Alternative Measures Programs: Offenders may be eligible for diversion programs focused on rehabilitation under certain circumstances.

Victim Impact Statements: Judges consider the physical, emotional, and financial impacts on victims during sentencing.

Defending Theft Charges

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Defence Process

Navigating theft charges requires a comprehensive and strategic approach, including a thorough investigation of the circumstances, challenging the accuracy of evidence, and developing a tailored defence strategy. Legal representation ensures that your rights are protected throughout the process, from the initial consultation through courtroom advocacy and negotiations.

Investigation and Evidence Gathering

A thorough investigation will examine the circumstances of your case, gathering all relevant evidence to build a robust defence.

Strategy Development and Case Preparation

Tailored defence strategies, addressing the unique aspects of your case and then meticulously preparing for court proceedings to ensure the best representation.

Representation in Court and Plea Negotiations

Representation in court and advocating vigorously on your behalf. Engaging in plea negotiations will occur where appropriate, seeking to reduce charges or penalties.

Frequently Asked Questions

  • Theft involves taking someone else's property fraudulently and without permission with the intent to deprive the owner of it, even temporarily. It also includes converting property for personal benefit without the owner's consent.

  • Penalties for theft vary based on the value and circumstances of the theft. Theft under $5,000 can lead to up to two years imprisonment if treated seriously or lesser penalties if handled summarily. Theft over $5,000 can result in up to 10 years in prison. Other factors like the type of property stolen, criminal history, and aggravating or mitigating circumstances can also affect the severity of penalties.

  • Yes, theft charges can be reduced or dismissed under various circumstances. Factors such as lack of evidence, procedural errors, mitigating circumstances, or successful negotiation by a defence lawyer may lead to reduced charges or case dismissal. Offenders might also benefit from diversion programs or plea bargains in certain situations. It is essential to have legal representation to explore these options and protect your rights.

  • In Canada, the terms “petty theft” and “grand theft” are not officially used. Instead, theft is categorized based on the value of stolen property:

    Theft Under $5,000: Often informally referred to as petty theft, this category includes less serious offences with lighter penalties.

    Theft Over $5,000: This is considered a more serious offence with more severe penalties.

  • Returning stolen property does not negate the crime but may be considered a mitigating factor during sentencing.

  • A lawyer can challenge the evidence, negotiate plea deals, and provide a strong defence to protect your rights and minimize penalties.

  • Remain calm, avoid making statements to store personnel or police without a lawyer present, and seek legal advice immediately.

  • Possession of stolen property refers to knowingly having, receiving, or controlling property obtained through theft, fraud, or other criminal means. This offence requires that the individual be aware, or reasonably should be aware, that the property was acquired illegally. Penalties can vary based on the property's value and the circumstances of the case and may include fines, restitution, and imprisonment.

  • Depending on various factors, it may be possible to have a theft conviction removed from your record through a pardon (record suspension) process.

  • Common defences include lack of intent, mistaken identity, and insufficient evidence proving the property was stolen.

  • If you are accused of theft, it is important that you contact a lawyer immediately. To safeguard your rights, refrain from speaking to authorities without legal representation.

Legal Disclaimer

The information provided on this website is for general informational purposes only and does not constitute legal advice. Please consult with Robert Martin for personalized legal counsel regarding your specific situation.

Free Consultation

To get your free consultation, please call or email, or send a message using the contact form.

Phone
(514) 892-7337

Email
robert@rmlegal.ca