Theft & Property Offenses

Protecting Your Future from a “Crime of Dishonesty”

Theft charges are classified as “crimes of dishonesty,” and even a seemingly minor conviction can have consequences far beyond the courtroom. A shoplifting conviction can disqualify you from employment in countless fields, prevent you from travelling to the United States, trigger professional licensing proceedings, and jeopardize immigration status. At Mor Fisher, we treat every property offence with the seriousness that its consequences demand.

Types of Theft and Property Charges

Theft Under $5,000 (Section 334(b))

The most common theft charge, frequently arising from shoplifting, minor workplace theft, or disputes over personal property. This is a hybrid offence — the Crown can proceed summarily (maximum 2 years less a day) or by indictment (maximum 2 years). Despite the relatively low maximum penalties, a conviction creates a permanent criminal record for dishonesty.

Theft Over $5,000 (Section 334(a))

A straight indictable offence carrying a maximum penalty of 10 years imprisonment. This charge arises in cases involving high-value goods, vehicles, equipment, or money. The Crown may also seek restitution orders requiring repayment of the full value of the stolen property.

Possession of Stolen Property (Section 354 and 355)

You can be charged with possession of stolen property even if you were not involved in the original theft — if the Crown can prove that you knew or ought to have known the property was stolen. The penalties mirror those for theft: under $5,000 (hybrid) or over $5,000 (indictable, maximum 10 years).

Related Offences

• Robbery (Section 343): Theft combined with violence or threats — a far more serious charge (see our Robbery page).
• Break and Enter (Section 348): Entering a premises with intent to commit an indictable offence. Maximum of life imprisonment for break and enter of a dwelling house.
• Motor Vehicle Theft (Section 333.1): Theft of a motor vehicle. Maximum of 10 years on indictment, with mandatory minimum sentences for third and subsequent offences.
• Fraud (Section 380): Where the taking involved deception rather than a physical taking (see our Fraud page).

Our Defence Strategy

1. Negotiating Diversion and Withdrawals

For first-time offenders — particularly in shoplifting cases — we are often successful in securing a diversion or direct accountability outcome. These programs typically involve:

• Completing a set number of community service hours
• Making a charitable donation (often to a victim services organization)
• Writing a letter of apology
• Attending a theft prevention workshop

Upon successful completion, the Crown Attorney withdraws the charges entirely. There is no guilty plea, no conviction, and no criminal record. This is the best possible outcome for eligible clients, and we assess your eligibility and advocate for diversion at the earliest opportunity.

2. Challenging “Intent to Steal”

The Crown must prove that you intended to permanently deprive the owner of their property. We investigate whether the incident was genuinely:

• A misunderstanding — such as forgetting to scan an item at self-checkout, absent-mindedly leaving a store with merchandise, or a miscommunication about borrowing property
• A mistake of fact — believing you had permission or a legal right to the property
• A dispute over ownership — where there is a genuine question about who the property belongs to

If the Crown cannot prove intent beyond a reasonable doubt, you must be acquitted.

3. Challenging Identification and Evidence

We scrutinize the evidence linking you to the offence:

• Surveillance footage: We analyze video quality, camera angles, and whether the footage actually identifies you or merely someone of a similar description.
• Loss prevention testimony: We cross-examine store loss prevention officers and security guards on their procedures, their observations, and the chain of custody for the allegedly stolen items.
• Witness statements: We assess the reliability of any witness identifications, particularly in chaotic or crowded environments.
• Forensic evidence: In larger theft cases, we examine fingerprints, DNA, digital evidence, and financial records for weaknesses.

4. Value Disputes

The distinction between theft under $5,000 and theft over $5,000 is legally significant — it affects the mode of trial, the maximum penalty, and the collateral consequences. We challenge the Crown’s valuation of the property by examining retail versus actual value, depreciation, and the evidentiary basis for the claimed amount.

5. Section 8 Charter Challenges

If you were searched — your bag, your vehicle, your person, or your home — we analyze whether the search was lawful. Unlawful searches can lead to the exclusion of recovered property as evidence, which can be fatal to the Crown’s case.

Collateral Consequences of a Theft Conviction

• Employment: A theft conviction is one of the most damaging entries on a criminal record check. It signals dishonesty and can disqualify you from positions of trust in virtually every industry.
• Travel: The United States routinely denies entry to individuals with theft convictions. A US travel waiver may be required.
• Immigration: Theft convictions can trigger inadmissibility findings and removal proceedings for non-citizens.
• Professional licensing: Regulated professionals face disciplinary proceedings from their governing body.
• Bonding: Many employers require employees to be bondable — a theft conviction renders you unbondable.

Youth Shoplifting

If your child has been charged with shoplifting or theft, the matter proceeds under the Youth Criminal Justice Act. The approach is fundamentally different from adult court, with greater emphasis on diversion and rehabilitation. See our Youth Criminal Justice page for more information.

Related Resources

• Robbery Defence — theft combined with violence or threats is charged as robbery, a far more serious offence
• Fraud & White-Collar Defence — where the taking involved deception rather than a physical taking
• Youth Criminal Justice — if your child has been charged with shoplifting or theft
• Your Charter Rights in a Criminal Case — how search and seizure challenges can affect theft cases

Don’t let a mistake define your future. Contact Mor Fisher to discuss a path forward.