CRIMINAL DEFENCE LAWYERS
Your Theft Charges Lawyer Serving Southern Ontario
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Experienced Theft Charges Criminal Defence Lawyers
Canadians commit theft under 5000, also known as “shoplifting”, on a regular basis. A minor shoplifting or theft charge may have an adverse impact on the criminal record of a person, which could affect future travel and employment plans.
Hiring a lawyer specializing in theft cases is the best option if you’ve been accused of theft, shoplifting, or other theft-related charges. This will protect your criminal record as well as your reputation.
Shoplifting charges can sometimes be the result an accident. In some cases, it is understandable that paying for an object can be forgotten. You can always plead not guilty if you are charged for forgetting to purchase an item at a shop. This will allow you to try to convince the court that you did it unintentionally. It may be difficult to prove that your actions were not intentional. Many people claim an “accident”, whether or not it was an actual accident, when they are accused of theft.
What is a Charge of Theft Under the Criminal Code?
Theft is addressed in Part IX of the Criminal Code, under s. 322(1), relating to “Offences Against Rights of Property.” Theft occurs when someone intentionally takes property belonging to another without permission, with the intent to permanently or temporarily deprive the owner of it.
According to s. 2 of the Criminal Code, to “steal” means to commit theft.
The law distinguishes between two types of theft based on the value of the stolen property:
- Theft under $5,000: Generally treated as a less serious offence, often prosecuted as a summary conviction, which carries lighter penalties, such as fines or shorter imprisonment.
- Theft over $5,000: Considered a more serious crime and typically prosecuted as an indictable offence, which carries harsher penalties, including longer imprisonment.
Additionally, there are specific categories of theft, such as:
- Theft of a motor vehicle under s. 333.1(1) of the Code.
- Theft and forgery of a credit card, covered under s. 342 of the Code.
- Identity theft, covered under s. 402.2 and s. 403 of the Code.
It’s important to note that confidential information and computer data cannot be the subject of a “theft” charge as the owner is “not deprived of the subject” (R v Cisar, 2014 ONCA 151).
If violence or the threat of violence accompanies the theft, the offence is categorized as Robbery under s. 343 of the Criminal Code.
How Serious is the Offence?
Theft under s. 322(1) is a hybrid offence. This means that the Crown can choose to proceed either by indictment or summarily, depending on the facts and circumstances of the case.
A summary offence is generally less serious in terms of both the nature of the crime and the severity of the sentence. In contrast, an indictable offence typically involves more serious crimes and more severe sentences.
Examples of the Offence
Theft can occur in various forms, such as:
- Shoplifting
- Pickpocketing, or stealing phones, wallets, or other items directly from a person.
- Theft from a vehicle, or stealing vehicle parts.
- Employee theft
- Service theft, such as dining and dashing.
- Taking funds when the accused knows they were issued by mistake (R v Milne, [1992] 1 SCR 697).
How We Defend You
- Proof of Payment: Showing that the accused paid for the property.
- Proof of Permission: Demonstrating that the accused was given the property.
- Honest but Mistaken Belief: Proving the accused genuinely believed the property was theirs. For example, taking a friend’s car, mistakenly believing they were lending it, could support this defence.
- Forgetfulness: Proving that the accused forgot they were in possession of the property (honest but mistaken belief).
- Applicable Charter Arguments: The Charter outlines your rights and freedoms both before and after an arrest. If police officers do not adhere to these rights, whether intentionally or unintentionally, this may support your defence. Should there be any violations of your Charter rights surrounding your arrest, it may be possible to have some or all of the evidence that the prosecution intends to use excluded.
Choosing the Right Theft Charge Lawyer For You
Theft charges are worrisome enough, you don’t want to have uncertainty about your legal representation. When looking for a lawyer, select someone who has experience dealing with assault cases, preferably in local courts. They must be aware of how the Crown generally deals with these charges and what approach works best in your case.
Also, don’t be afraid to ask questions: How frequently do they handle theft cases? What results have they obtained for clients in such circumstances? How available will they be during your case?
Employing someone purely by location or cost can result in frustration. Though looking for a theft lawyer near me might appear to be convenient, prioritize instead the tested results and positive client reviews.
Conclusion: Protect Your Future with A. Dhillon Law
Theft offenses are more than a legal matter—they’re personal, stressful, and potentially life-altering. The road ahead may seem unclear, but you don’t have to travel it by yourself. When your future hangs in the balance, you need an attorney who is attentive, experienced, and committed to safeguarding your rights.
A. Dhillon Law provides tough, results-oriented defense for those accused of theft. With extensive knowledge of the local legal system and a dedication to one-on-one service, A. Dhillon Law is the law firm individuals rely on when it counts the most.
Don’t wait for things to get worse. If you’re searching for a theft lawyer in Southern Ontario, take the first step now—contact A. Dhillon Law for a confidential consultation.
Choosing the Right Theft Charges Lawyer For You
Theft charges are worrisome enough, you don’t want to have uncertainty about your legal representation. When looking for a lawyer, select someone who has experience dealing with assault cases, preferably in local courts. They must be aware of how the Crown generally deals with these charges and what approach works best in your case.
Also, don’t be afraid to ask questions: How frequently do they handle theft cases? What results have they obtained for clients in such circumstances? How available will they be during your case?
Employing someone purely by location or cost can result in frustration. Though looking for a theft lawyer near me might appear to be convenient, prioritize instead the tested results and positive client reviews.
Conclusion: Protect Your Future with A. Dhillon Law
Theft offenses are more than a legal matter—they’re personal, stressful, and potentially life-altering. The road ahead may seem unclear, but you don’t have to travel it by yourself. When your future hangs in the balance, you need an attorney who is attentive, experienced, and committed to safeguarding your rights.
A. Dhillon Law provides tough, results-oriented defense for those accused of theft. With extensive knowledge of the local legal system and a dedication to one-on-one service, A. Dhillon Law is the law firm individuals rely on when it counts the most.
Don’t wait for things to get worse. If you’re searching for a theft lawyer in Southern Ontario, take the first step now—contact A. Dhillon Law for a confidential consultation.
FAQs for Theft Charges in Ontario
Yes. Even first-time offences can lead to a criminal record. A lawyer for shoplifting can help you explore diversion or discharge options.
In many cases, yes. Penalties depend on how the Crown proceeds. A skilled defence may result in reduced or alternative sentencing.
Immediately. The earlier you speak with a theft lawyer in Southern Ontario, the better your chances of protecting your rights and building a strong defence.
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He takes the time to understand the unique needs and concerns of each case.
“Akash genuinely cares about his clients and consistently demonstrates a high level of professionalism. Akash is extremely approachable, which fosters an open dialogue and creates a comfortable environment for discussing any issues or questions.”
He takes the time to understand the unique needs and concerns of each case.
“Akash genuinely cares about his clients and consistently demonstrates a high level of professionalism. Akash is extremely approachable, which fosters an open dialogue and creates a comfortable environment for discussing any issues or questions.”
Hons B.A., J.D. | Criminal Defence Lawyer
Akash Dhillon
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