What Property Offences Charges Mean in Ontario
Property offences range from minor shoplifting to complex fraud schemes. Common charges include:
- Theft Under $5,000 (s. 334(b)) - Shoplifting, petty theft
- Theft Over $5,000 (s. 334(a)) - More serious theft offences
- Fraud Under/Over $5,000 (s. 380) - Deception for financial gain
- Break and Enter (s. 348) - Entering a place with intent to commit an offence
- Possession of Property Obtained by Crime (s. 354) - Having stolen goods
- Mischief (s. 430) - Damaging or interfering with property
- Robbery (s. 343) - Theft with violence or threats
Potential Penalties & Consequences
Theft Under $5,000:
- Summary: Up to 2 years less a day and/or $5,000 fine
- Indictable: Up to 2 years
Theft Over $5,000:
- Up to 10 years imprisonment
Fraud Over $5,000:
- Up to 14 years imprisonment
- Mandatory minimum 2 years if over $1 million
Break and Enter (dwelling):
- Up to life imprisonment
Employment impact: Property offences, especially theft and fraud, can devastate careers in finance, healthcare, education, and other trust-based professions.
How We Defend Property Offences Cases
What Happens After an Arrest
Property crime investigations often involve:
- Evidence: Video surveillance, witness statements, forensic evidence, financial records
- Civil Recovery: Retailers may pursue civil recovery in addition to criminal charges
- Restitution: Courts often order repayment to victims
- Diversion: First-time offenders may be eligible for alternative measures
Record impact: A conviction for theft or fraud appears on criminal record checks and can affect employment for years.
Frequently Asked Questions
Can shoplifting charges be dropped?
Yes. For first-time offenders, charges can often be resolved through diversion programs, peace bonds, or withdrawn charges after restitution. Keeping your record clean is often achievable with proper representation.
What is the difference between theft and fraud?
Theft involves taking property without consent. Fraud involves deception - using false pretenses, fraud, or other dishonest means to obtain property, services, or money. The distinction affects the charges and potential defences.
Can I be charged with theft if I intended to return the item?
The Crown must prove intent to permanently deprive the owner. If you genuinely intended to return the item (borrowing without permission), this may be a defence. However, this is a fact-specific issue.
What happens if I'm caught shoplifting but not arrested?
Retailers may issue a civil recovery demand (typically $200-500) separate from criminal charges. You should not admit to anything in writing. Criminal charges may still be laid later based on video evidence.
Areas Served
Serving clients across the GTA including Toronto, Markham, Newmarket, Richmond Hill, Vaughan, Brampton, Mississauga, Hamilton, Niagara, Kitchener, Oshawa, and all surrounding areas.