One of the most common charges in the criminal justice system in Canada is theft and theft-related offences. Generally speaking, theft occurs when a person intentionally takes, converts, or uses property, whether real or inanimate, for their own purpose or gain. Theft charges can be classified into three types of offences:
- Theft Over $5,000;
- Theft Under $5,000; and
- Other Theft Charges
THEFT OVER $5,000
If the value of the property involved in the allegations exceeds $5,000, it is the more serious form of theft, and the Crown Attorney has increased options at their disposal when deciding how to prosecute the offence. Theft Over $5,000 can be treated by indictment or summary conviction. If the Crown has proceeded by indictment, the penalties may include a prison sentence of up to 10 years, conditional sentences (house arrest), fines, probation, and other ancillary orders. If the Crown has proceeded summarily, the penalties are the same, but a jail sentence of up to 2 years is available.
THEFT UNDER $5,000
If the value does not exceed $5,000, the Crown can still proceed either by indictment or by summary conviction, but the penalties are greatly reduced. If the Crown has proceeded by indictment, the jail sentence is up to 2 years; whereas on summary conviction, it is limited to the summary conviction maximums, in this case 6 months in jail. Like Theft Over $5,000, there are other sentencing options available such as conditional sentences, fines, probation, and ancillary orders.
It is important to note despite the maximums, jail for theft offences is quite rare. While each case is based on the totality of the facts and based on the person who committed the offence, people convicted of theft rarely see a custodial sentence. There are many options our lawyers can provide to you should you be charged with a theft offence to ensure the chances of jail is as minimal as possible.
OTHER THEFT CHARGES
There are many other types of theft, such as:
- Theft of Oysters, Cattle, or Timber;
- Theft of a Motor Vehicle;
- Taking a Motor Vehicle Without Consent;
- Theft of Telecommunication Services; and
- Fraud related offences
While there may be some more amusing types of theft above, if you are charged with any type of theft, it is no laughing matter. Theft is considered a crime of dishonesty. While, generally, it is a less serious offence to be charged with. Theft and theft-related offences often have the largest collateral consequences for people after the charges are complete in the criminal justice system. A crime of dishonesty can have detrimental impacts on:
- Maintaining employment;
- Acquiring new employment;
- Travel to the United States and/or other countries;
- Volunteering;
- Attending school trips; and
- Attending certain schooling.
If you are charged with any criminal offence, specifically a theft or theft-related offence, the lawyers at X-Copper Law Firm are vastly experienced in dealing with these charges in the criminal justice system and are experienced in providing advice and information on how to potentially minimize the collateral consequences of these charges.
