Being charged with theft can be an overwhelming experience, especially in a large and busy jurisdiction like Toronto. Whether you’ve been accused of shoplifting, employee theft, or a more serious offence involving property or financial crime, a theft charge can have long-lasting consequences on your personal and professional life. A conviction may result in a criminal record, jail time, probation, and damage to your reputation. If you’re facing theft charges in Toronto, it’s crucial to understand how the law works, what your rights are, and how a criminal defence lawyer can help you navigate the legal process.
This article provides a comprehensive overview of theft charges in Toronto, including how they are defined, classified, prosecuted, and defended under Canadian law.
What Is Theft Under Canadian Law?
Theft is defined in Section 322 of the Criminal Code of Canada as the act of taking or fraudulently converting property that belongs to another person with the intent to deprive the owner of it. This includes both tangible items, such as electronics or clothing, and intangible property, such as money or services. The accused does not need to have successfully taken or used the property—an attempt to steal may be enough for a charge if the intent is clear.
For example, walking out of a store with merchandise hidden in a bag or pocket, switching price tags to pay less, or misusing a company credit card could all result in theft charges, even if no item leaves the premises or is fully used.
Types of Theft Charges in Toronto
Theft charges in Toronto fall into two main categories:
Theft Under $5,000
This is the most common type of theft charge and applies when the value of the property stolen is less than $5,000. It is a hybrid offence, meaning the Crown can choose to proceed either by summary conviction (less serious) or by indictment (more serious).
Theft Over $5,000
This applies when the value of the stolen property exceeds $5,000. It is considered a more serious offence and is typically prosecuted by indictment. Convictions can lead to longer jail sentences and harsher penalties.
In both cases, your criminal history, the nature of the theft, and the circumstances of the offence will influence how the case is prosecuted and sentenced.
Common Scenarios That Lead to Theft Charges
-
Shoplifting from retail stores
-
Employee theft from a workplace
-
Taking lost or misplaced property without reporting it
-
Theft during a domestic dispute (e.g., taking a partner’s property)
-
Fraudulently using someone else’s financial information
-
Theft of services such as transit or utilities
Even minor acts can result in criminal charges, and many individuals facing theft charges in Toronto are first-time offenders with no prior criminal record.
Legal Consequences of Theft Charges
The penalties for theft vary based on the value of the stolen items, the circumstances of the offence, and your criminal history.
For Theft Under $5,000
-
Up to 2 years in prison (if by indictment)
-
Fines, probation, and community service
-
Restitution to the victim
-
A permanent criminal record if convicted
For Theft Over $5,000
-
Up to 10 years in prison
-
Higher likelihood of jail time, especially for repeat offenders or thefts involving breach of trust
-
Additional consequences for professional licences or immigration status
Having a criminal record for theft can affect employment opportunities, ability to travel internationally, and your reputation in the community.
How a Criminal Defence Lawyer Can Help
If you’ve been charged with theft in Toronto, hiring a criminal defence lawyer is one of the most important steps you can take. A lawyer will:
-
Review the police evidence and identify any weaknesses in the Crown’s case
-
Challenge the credibility of witnesses or surveillance evidence
-
Argue for the exclusion of unlawfully obtained evidence
-
Negotiate with the Crown for reduced charges or diversion programs
-
Represent you at trial if necessary
In some cases, your lawyer may be able to resolve the matter without a conviction, especially if you are a first-time offender and the amount involved is small.
Diversion and Alternative Resolutions
Many people charged with theft under $5,000 in Toronto may qualify for a diversion program. This allows the accused to take accountability without entering a guilty plea. You may be asked to:
-
Attend anti-theft or behavioural counselling
-
Perform community service
-
Write a letter of apology
-
Pay restitution to the victim
If you complete the diversion program successfully, the Crown may withdraw the charges, and you will avoid a criminal record. A criminal defence lawyer can advocate for your eligibility and negotiate the best possible outcome.
Defences to Theft Charges
Depending on the facts of your case, your lawyer may raise several legal defences, such as:
Lack of Intent
If you did not intend to permanently deprive the owner of the property—for example, if you forgot to pay or mistakenly believed the item was yours—you may not be guilty of theft.
Identity Issues
If there is no clear evidence that you were the person who committed the offence, or if the identification is weak, the charges may not hold up in court.
Unlawful Search or Arrest
If police or store security violated your rights during search, seizure, or arrest, your lawyer may apply to exclude the evidence under the Canadian Charter of Rights and Freedoms.
Ownership or Consent
If you believed you had a right to the property or received consent to take it, this can be a valid defence.
Every case is different, and your defence strategy should be tailored to your specific situation.
Why Choose De Boyrie Law
At De Boyrie Law, we represent individuals throughout Toronto who are facing theft charges, from shoplifting to large-scale theft allegations. We understand how stressful and damaging these charges can be and work quickly to protect your rights, resolve your matter, and minimize or eliminate the consequences. Whether you are eligible for diversion, fighting to prove your innocence, or trying to avoid a criminal record, we are here to help you navigate the process from start to finish.
Schedule a Free Consultation with De Boyrie Law
If you are facing theft charges in Toronto, don’t face them alone. Contact De Boyrie Law today for a free, confidential consultation. We’ll review your case, explain your options, and fight to protect your record, freedom, and reputation.