05 / 12 · Criminal Code, ss. 322 – 355, 430
Theft & Property Offences
A theft conviction can follow you through every background check. We work to resolve these cases in ways that protect your record whenever possible.
- Theft under and over $5,000
- Shoplifting
- Break and enter
- Mischief
- Possession of property obtained by crime
What is at stake
Why this charge needs a real defence.
Property offences are treated as crimes of dishonesty, which is exactly what employers, licensing bodies, and immigration officers look for. Even a minor shoplifting conviction can cost a job offer. At the serious end, breaking into a home carries a maximum sentence of life imprisonment.
How it is done
How we build your defence.
- 1
Review the evidence
We obtain store security reports, video, and witness statements, and check whether they actually show what the Crown alleges, including who took what and what it was worth.
- 2
Examine intent
Theft requires an intent to deprive the owner. Honest mistakes, distraction, and a genuine belief that you were entitled to the property are all answers to the charge.
- 3
Pursue diversion
For many first-time and lower-value allegations, the Crown may agree to diversion: you complete steps such as community service or a donation, and the charge is withdrawn with no conviction.
- 4
Protect your record at every stage
Where diversion is not offered, we pursue a discharge or another outcome that limits the lasting effect on your record, and try the case where the evidence is weak.
What we look for
The issues that decide these cases.
- 01
Intent and honest mistake
Walking out distracted is not theft. The Crown must prove a dishonest intention, not just that an item left the store.
- 02
Identification
Grainy video and loss-prevention notes do not always prove who was responsible.
- 03
Colour of right
A sincere belief that the property was yours to take is a defence, even if that belief was mistaken.
- 04
Unlawful detention or search
Security staff and police must act within the law when they detain and search you.
Possible outcomes
What a good result can look like.
- Diversion and withdrawal of the charge
- An absolute or conditional discharge, with no conviction registered
- Acquittal where intent or identity cannot be proven
- Restitution-based resolutions that avoid jail
Every case turns on its own facts. These are examples of results that may be available, not a prediction or guarantee of the outcome in your matter.
Questions
What people ask us first.
Not necessarily. Many first-time property charges can be resolved through diversion or a discharge, neither of which is a conviction. Whether that is available depends on the allegation and the Crown's assessment, so it helps to have a lawyer make the request properly.
A civil demand letter is separate from the criminal charge, and paying it does not make the charge go away. Get advice before you respond.
Next step
Talk to us about your theft & property offences matter.
A short conversation now can prevent mistakes that are hard to undo later. What you tell us is confidential.
