Criminal Lawyer for Theft
If you’ve been charged with Theft in a domestic context, it’s easy to feel overwhelmed and uncertain about the future. Lisa White's experience and success in these types of cases will prove invaluable to your defence. With Lisa, your matter will be handled with the utmost care, understanding and skill.
Discover solutions tailored for your case
How Lisa Can Help
Lisa White’s experience in defending Theft charges often involves cases where the accused and the accuser have a close personal connection. Her clients appreciate her ability to listen without judgment and to explain every step of the process clearly. With her meticulous attention to detail and focus on achieving favorable results, Lisa ensures her clients are prepared and confident, even in the most delicate situations.
Know the law & Your Rights
In the Criminal Code
Theft under the Canadian Criminal Code
(Section 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.
**Punishment for **Theft
334
Except where otherwise provided by law, every one who commits Theft
(a) if the property stolen is a testamentary instrument or the value of what is stolen is more than $5,000, is guilty of
(i) an indictable offence and liable to imprisonment for a term of not more than 10 years, or
(ii) an offence punishable on summary conviction; or
(b) if the value of what is stolen is not more than $5,000, is guilty
(i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or
(ii) of an offence punishable on summary conviction.
In Everyday Terms
Theft Explained
What is Theft?
Under Canadian law, Theft occurs when someone takes or uses something that isn't theirs, without permission, and with the intent to:
(a) Take it away from the owner, either temporarily or permanently.
(b) Use it as a security deposit or pledge.
(c) Give it away under conditions they can't fulfill.
(d) Alter it so it can't be returned in its original state.
When is Theft Complete?
Theft is considered complete when someone moves or starts to move something with the intent to steal it.
Purpose of Taking
It doesn't matter if the item was taken for conversion or if the person had legal possession at the time.
Potential Consequences
Punishment for Theft
If someone steals something, the punishment depends on what was stolen and its value:
If the stolen item is a will or worth more than $5,000:
a) The person could face serious charges and might go to prison for up to 10 years.
b) Alternatively, they might receive a lighter punishment through a summary conviction.
If the stolen item is worth $5,000 or less:
a) The person could still face charges but might go to prison for up to 2 years.
b) They might also receive a lighter punishment through a summary conviction.
FAQs
You can also browse FAQs about your rights in the legal process, fees & compensation, and about Lisa White's practice.
Can I get a diversion program for a first-time Theft charge?
A Criminal Lawyer can help you negotiate diversion programs. This would result in a criminal charge being withdrawn or Stayed, in exchange for the completion of the diversion program.
This might involve participation in community service, writing a letter of apology, or other rehabilitative activities.
How do Theft charges impact my record if I’m a minor?
If convicted, the charge will be recorded under the Youth Criminal Justice Act, which has different rules for handling and sealing juvenile records.
In certain circumstances, a youth record can be used against you as an adult. It may still impact future educational or employment opportunities.
Can I defend myself against Theft charges if I had no intention of stealing?
Lack of intent is a key defense in Theft cases. If it can be shown that there was no intent to permanently deprive the owner of their property (e.g., forgetting to pay), charges may be dropped or reduced.
However, this is almost always occuring as a result of intense negotiations between defence counsel and the crown, as the accused party is unable to speak directly to the crown.
Find hope in overwhelming times
Facing Theft charges?
With over 16 years of experience, Lisa is dedicated to ensuring your legal journey is smooth and successful.