Theft is the intentional taking of property owned by another person. A charge of theft may result from an allegation of shoplifting or the taking of property of a private individual, such as stealing a roommate’s video game console.
Under the Criminal Code of Canada, theft is broken into two different offences: Theft Under $5,000 and Theft Over $5,000.
Theft Under $5,000
Theft Under $5,000 can be prosecuted in two different ways: through summary conviction or indictment. This is a decision made by the Crown Prosecutor without the Court’s intervention.
A summary offence is one which is generally considered less serious and will be heard by a Provincial Court Judge. Indictable offences are considered to be more serious and generally attract a higher punishment at sentencing.
Theft Over $5,000
Unlike “theft under”, theft over $5,000 is what is known as a “straight indictable” offence. Indictable offences are considered to be more serious and generally have a higher punishment at sentencing.
When You Are First Charged
When you are first charged with theft, you may not be formally arrested. Instead, you may be given an Appearance Notice or Promise to Appear. If you are taken into police custody and formally arrested, you may be released on an Undertaking which may contain conditions. In some situations, you may be detained and require a Bail Hearing. In this case, a Justice decides whether you should be released prior to trial, and what conditions you must follow.
If you are released on conditions, you could face additional charges if you do not follow them. Such conditions may include not attending at a certain address (such as were the alleged theft occurred), or refraining from contacting the victim of the alleged theft.
No matter this initial interaction with police, it is important to keep any documents you are provided. These notices will inform you of the date and time of your first appearance in Court. You may also be required to attend a police station to provide fingerprints. If you do not, you could face additional charges as well.
It will also tell you which Courthouse to attend at. This may be a different Courthouse than where you live. For example, if you are charged with theft in Spruce Grove, you will likely be required to attend at the Provincial Court in Stony Plain, even if you normally reside in Hinton. Sometimes smaller communities do not have a Courthouse and you may need to attend Court in a neighbouring community.
What You Can Expect
If you are charged with theft, it is important to call us right away at 780-686-7948 The charge of theft attracts a range of sentences. A criminal conviction may result in you facing a number of consequences and challenges, even after sentencing is complete. You may be prohibited from entering certain countries, such as vacationing in Mexico or the United States. If you are not a Canadian citizen, you could face additional immigration consequences. Even if this is your first encounter with criminal justice system, you could also face challenges in obtaining or retaining your employment as the offence of theft is commonly considered a “crime of dishonesty”.
Mr. Ziv will asses the case against you and will work with you to obtain the best possible result available to you, whether that is a withdrawal of the charge, a reduction at sentencing or even a full acquittal at trial.
Sentencing
While each case is unique, possible sentences for a conviction under section 344 of the Criminal Code of Canada (theft) include:
- Jail (Up to 10 Years)
- Fines
- Probation
- Discharge