Thefts, of which shoplifting is a part of, are some of the most common and minor charges that come before the courts. In many of these circumstances good people have exercised poor judgement, acted impulsively or have suffered from an illness that resulted in them committing the act. While these offences can be relatively minor in nature, they can still have a profound impact on a persons’ life. Having a criminal record may have a profound impact on your employment, your immigration status, your reputation, your family and your personal freedom.
What is theft?
Theft takes place where someone takes possession of something fraudulently or otherwise “without colour of right” (s. 322(1) Criminal Code of Canada), with the intent in doing so. Someone can also be found guilty of possession of stolen property where, by act or omission, a person takes possession of something which was obtained by the commission of a crime (s. 354(1), Criminal Code).
What is the penalty for theft?
The Criminal Code of Canada provides us with a range of sentences for theft cases depending on the value of the stolen item(s). Theft Under $5,000 is a hybrid offence, meaning the prosecutor can elect to proceed summarily or by indictment. Theft Over $5,000 is a straight indictable offence with a maximum penalty of ten years in prison.
A person charged with a first time theft may be eligible to have the charge diverted from the court system resulting in a withdrawal of their criminal charges. If a person is accepted into one of these programs, they will be required to complete certain criteria. Some of these criteria can range from community service, to making a charitable donation. If a diversion is successfully completed, the Crown Attorney will recommend to the court that the criminal charge of theft be withdrawn against the accused person.
Why you should hire Capulli Law – Criminal Lawyers?
Here at Capulli Law, our Vaughan criminal lawyers are more than willing to assist you through this difficult time and help set your mind at ease. We will go above and beyond to ensure that you do not receive a criminal record and that your reputation is protected.
At Capulli Law – our Vaughan criminal lawyers have extensive experience in defending theft, fraud, and other related property crime offences. Contact our office today at (647) 504-6878 and let our Vaughan criminal lawyers get to work you. We will do everything in our power to ensure that we get you the best result possible.