Criminal Lawyers in Montreal

Lory Zakarian

Theft Crimes Lawyer in Laval

Theft & Property Crimes : Get Your Legal Defence with Me Lory Zakarian

Theft is a serious offense under Canadian law, it is treated with strict penalties to deter unlawful behavior. Whether it’s a minor shoplifting incident or a complex case involving organized theft, the implications of theft crimes can have lasting consequences. Understanding theft crimes, their classifications, and the associated penalties can help you navigate the legal process if you are charged with such an offense.

If you are facing a theft crimes-related charges, understanding your legal options and seeking professional legal guidance is essential to protect your rights and minimize the consequences.

Facing Criminal Charges in Montreal? Contact Lory Zakarian!


What is a theft crime?

A theft crimes is the unlawful taking or appropriation of another person’s property, with the intent to permanently or temporarily deprive the rightful owner of its use or benefit. This definition encompasses various acts of stealing, ranging from minor infractions like shoplifting to more severe offenses such as vehicule theft or mail theft.

Theft is defined under Section 322 of the Criminal Code of Canada as the act of taking someone else’s property, either temporarily or permanently, without their permission and with the intent to deprive them of it. This definition includes physical property, money, or any items of value.

A theft crimes is more than just taking property—it’s about intent, circumstances, and the law’s interpretation. If you’re facing theft charges, consulting with an experienced lawyer is crucial to understanding your rights, building a strong defense, and minimizing the impact of the charges on your life.

Table of Contents

Types Of Theft Offenses

Theft Crimes are split in 2 categories.

Theft Over $5,000

Theft over $5,000 is considered a serious criminal offense across Canada, as outlined under Section 334(a) of the Criminal Code of Canada. This offense involves the unlawful taking of property valued at more than $5,000 with the intent to permanently or temporarily deprive the owner of it.

What Constitutes Theft Over $5,000?

To be charged with theft over $5,000, the following elements must be proven:

  1. The Value of the Property:
    The stolen property must be valued at over $5,000.
    Examples include vehicles, expensive jewelry, electronics, or other high-value assets.
  2. Unlawful Taking:
    The accused must have taken the property without the owner’s consent.
  3. Intent to Deprive:
    The accused must have intended to deprive the owner of the property permanently or temporarily.

Examples of Theft Over $5,000

  • Vehicle Theft: Stealing cars, trucks, or motorcycles valued at more than $5,000.
  • Burglary: Breaking into a home or business to steal high-value items.
  • Employee Theft: Embezzling funds or assets from an employer.
  • Fraudulent Schemes: Using deception or fraud to obtain property or money over $5,000.

Penalties for Theft Over $5,000

Theft over $5,000 is always prosecuted as an indictable offense, which carries severe consequences:

  • Maximum Penalty: Up to 10 years in prison.
  • Restitution Orders: The court may order the offender to repay the value of the stolen property to the victim.
  • Criminal Record: A conviction results in a permanent criminal record, which can impact employment, travel, and other aspects of life

Theft over $5,000 is a serious crime with life-altering consequences if convicted. If you are facing such charges, it’s essential to seek legal representation immediately. A skilled criminal defense lawyer can help protect your rights, challenge the evidence against you, and work to achieve the most favorable resolution possible.

Theft Under $5,000

Theft under $5,000 is one of the most common criminal charges, across Canada. It is defined under Section 334(b) of the Criminal Code of Canada as the unlawful taking of property valued at less than $5,000, without the owner’s permission and with the intent to permanently or temporarily deprive the owner of it.

What Constitutes Theft Under $5,000?

To be charged with theft under $5,000, the prosecution must prove the following elements:

  1. The Value of the Property: The stolen property must be worth less than $5,000.
  2. Unlawful Taking: The property was taken without the owner’s consent or authorization.
  3. Intent to Deprive: There must be an intention to permanently or temporarily deprive the owner of the property.

Examples of Theft Under $5,000

  • Shoplifting: Stealing merchandise from a store, such as clothing, electronics, or groceries.
  • Petty Theft: Taking small personal belongings, such as wallets, phones, or jewelry.
  • Unpaid Services: Leaving a restaurant or taxi without paying.
  • Theft from an Employer: Taking small amounts of money or low-value goods from a workplace.

Penalties for Theft Under $5,000

The severity of the penalty depends on how the case is prosecuted. Theft under $5,000 can be prosecuted as either a summary offense or an indictable offense, depending on the circumstances and the accused’s criminal history.

1. Summary Offense:

  • Fines: Up to $5,000.
  • Imprisonment: Up to 6 months.

2. Indictable Offense:

  • Imprisonment: Up to 2 years.

While theft under $5,000 may seem like a minor offense, it carries significant consequences, including fines, imprisonment, and a criminal record. If you are facing such charges, it is crucial to consult with an experienced criminal defense lawyer. They can help protect your rights, explore your legal options, and work toward a favorable resolution.

Facing Criminal Charges?

Get in contact now with Me Lory Zakaian, Avocats.

What to Do If Arrested for a Theft Offense

Being arrested for a theft offense can be a stressful and overwhelming experience. However, how you respond during and after the arrest can significantly impact the outcome of your case. Follow these steps to protect your rights and ensure the best possible defense.

1. Remain Calm and Respectful

  • Stay calm and avoid resisting arrest, as any form of resistance can lead to additional charges.
  • Be respectful and cooperative with the arresting officers to avoid escalating the situation.

2. Exercise Your Right to Remain Silent

  • Do not provide any statements to the police about the incident.
  • Anything you say can be used against you in court, so politely inform the officers that you wish to remain silent.
  • Avoid discussing the details of the case with anyone, including friends or family, until you consult with a lawyer.

3. Ask for Legal Counsel

  • Immediately request to speak with a lawyer.
  • In Canada, you have the right to legal representation, and the police must allow you to contact a lawyer as soon as possible.
  • If you cannot afford a lawyer, you can request legal aid services.

4. Do Not Consent to a Search or Seizure

  • Unless the police have a valid search warrant, you are not obligated to consent to a search of your person, belongings, or property. Politely refuse if asked.

5. Document Your Experience

  • Take note of the events leading to your arrest,
  • Take note of the date, time, and location of your arrest.

6. Understand the Charges

  • Theft charges can range from minor (e.g., theft under $5,000) to serious (e.g., theft over $5,000).
  • The severity of your charge will depend on the value of the stolen property and the circumstances of the offense.

7. Follow Bail or Release Conditions

  • If you are released on bail, carefully follow all conditions set by the court, such as avoiding certain individuals or locations.
  • Violating bail conditions can result in additional charges and a higher likelihood of pre-trial detention.

8. Gather Evidence and Witnesses

  • Begin collecting evidence that supports your defense, such as receipts, communications, or proof of ownership.
  • If possible, identify witnesses who can confirm your version of events.

9. Discuss Your Case with a Lawyer

A criminal defense lawyer will:

  • Explain the charges against you and the potential consequences.
  • Assess the evidence and identify any weaknesses in the prosecution’s case.
  • Develop a defense strategy tailored to your situation, such as proving lack of intent, mistaken identity, or consent.

10. Prepare for Court

  • If your case goes to court, your lawyer will guide you through the legal process and represent you.

Relevant Legal Resources

  • The Criminal Code provides the foundation for the prosecution of these crimes.
  • Charter of Rights & Freedoms, provided under this act that everyone has a right to freedom whether in terms of equality, life, judicial rights, political rights, and much more.

Lory Zakarian, Avocats

Address:

3090 Boul. le Carrefour bureau 200, Laval, Quebec, H7T 2J7, CA

Get in Touch!

We answer calls 24/7!

Contact Our Office Today!