Theft Under 5000 in Canada is often associated with shoplifting and retail theft charges. The law usually sues most people for theft under 5000 for a wide range of reason. In essence, theft occurs when a person converts or takes anything that is owned by another individual. Mostly, with the intent to rob that individual absolutely or momentarily of that property. When you convert someone else’s property, it means you’re acquiring and transforming that property into another item for your benefit.

In the court of law, the Crown Prosecutor will need to prove that you started to move another person’s property. Moreso moved something or caused a transfer of a property and that you moved something deliberately to steal it either permanently or temporarily without the consent of the owner. The approximate value of the good you attempted to steal must be verified as well. The kinds of property people usually takes include alcohol, food, clothes, jewellery, and perfume from small to big departmental stores.

In most cases, an investigator will use CCTV footage as evidence of one’s theft. In the process of the investigation, the prosecutor will charge you if they find any substantial evidence against you. The charges will include Theft Under 5000 in Canada, Theft Over 5000 or Fraud depending on the nature of the case. If you’ve encountered such or similar type circumstances, you’ll need to contact a competent criminal defence lawyer for help. With the right legal defence, you’ll be able to beat your case without a criminal record.

By description, there isn’t much of a  typical shoplifter profile as offenders come from all backgrounds and ages. Almost half of all people sued for theft don’t have any previous criminal record. First-time offenders often have good reputations and careers and are well educated.

Theft charges can be either theft under 5000 or theft over 5000. The latter is the more severe offence. Theft over 5000 is a straight indictable crime, and if you’re convicted, you can face 10 years of jail time.

If the Police charge you with Theft Under 5000 in Canada, the Crown Prosecutor may prosecute you either by indictment or summarily. In case you’re convicted and prosecuted summarily, you might face 6 months of jail time and pay a fine of $5,000 or less. However, if a Crown Prosecutor prosecutes you by indictment, he or she is most likely aiming for jail time. The maximum penalty is 2 years.

Most Crowns usually takes theft charges seriously. A lot of people, however, mistakenly think the courts will drop their offence because they didn’t steal valuable property. Even if you take any property of little value and it’s your first time. You’ll attract a criminal record if convicted of Theft Under 5000 in Canada or theft over 5000 in Canada.

The penalty for Theft Under 5000 in Canada depends on the offender’s circumstances and the particular circumstances of his offence. For instance, the court will consider the value of the stolen property. It applies whether the offender has a pre-existing criminal record. Also, whether he or she violated a position of trust to take the items in question. Furthermore, the prosecutor might decide to increase the severeness of the penalties. It is possible if the offender has a pre-existing criminal record with additional new charges of Theft Under 5000 in Canada.

As the law indicates, an officer might decide to charge you with theft for being with the wrong person in the wrong place, and at the wrong time if not lucky.  Circumstantially, it’ll apply if you’re with a relative or friend who is shoplifting while in a store with you. Store security will try to extract admission statements and find evidence that both of you were involved, but many police will still charge you with theft.

Since the best defence to a theft charge depends on the details of the offence. It’s best that you review your admission with a lawyer to determine the arguments available to you. Some of the most effective and commonly raised arguments to theft charges include the following:

• Colour of Right

You can raise the colour of right defence when you believe you had a possessory or proprietary right to the stolen property, when in fact you did not. In other words, this defence pertains to a situation where you wouldn’t be guilty of theft if what you believed to be true was true. For instance, you took another person’s property because you thought he was lending that item to you (even though he wasn’t). You can use this defence if you can give a factual basis which shows that you reasonably and honestly believed in this situation.

When raising the colour of right defence, the mistaken belief should be associated with a mistaken understanding of the property’s legal status. You wouldn’t be justified in taking a property because you believe that you own the property or that the other person owed you, so you decided to take it without permission to compensate yourself.

• Identity

When the recording of the suspected crime is of dubious quality or the offence wasn’t recorded, you may be allowed to raise the identity defence. You can state that you weren’t the one who committed the crime and that the authorities wrongly identified you as the perpetrator. There should be some corroborative evidence to raise this defence. For instance, you have to provide evidence or an alibi that suggests it’s impossible for you to commit the crime because you were in another place at the time.

• Mental Intent

Another defence to theft charges is to state that you didn’t have the mental intent necessary to be found guilty of the crime. You have taken the property, but it’s possible that you didn’t have the deceitful intention necessary to be guilty of theft. For instance, you unintentionally walked out of a shop with goods you didn’t pay for.

• Possessory or Proprietary in the Property

You can show that you had a possessory or proprietary right in the property if you’ve been accused of theft. Since you can’t steal what’s yours, it can’t be classified as theft. However, if you take the item from another person through fraudulent means, you could still be sued for theft even if you have a possessory or proprietary right in the property. For instance, if your vehicle was impounded, and you took it without paying the necessary fees, you would not be able to raise your possessory or proprietary right in the property.

Other possible defences to charges of theft include claiming it was a gift or the offender thought it was a gift or he thought the property was abandoned. He can also claim that it was not him. This kind of defence arises in companies when the offender doesn’t have the lone ability to steal the funds, and the stolen funds can’t be traced to the offender. There should be intent to rob the owner permanently or temporarily. The Crown should also provide evidence for a loss of property.

Here are some of the most common responses of people charged with theft.

• Paid for some of the goods

Most offenders will pay for some of the foods and try to leave the shop without paying for the rest. They think that they can depend on the truth that they paid for some of the goods to show them honestly. It is normal for shoplifters to pay for some items and hide others in their bags or on their person without paying for them.

• Security used excessive force

One of the most common complaints of those who are charged with theft under 5000 is that the security hurt them or used excessive force when they were detained or arrested. Agents of shop owners who catch shoplifters have specific powers of detention and arrest under the criminal code. However, they have to use a reasonable amount of force to arrest or detain shoplifters.

If they used excessive force or hurt you, you can file a civil case against them for your suffering and pain. A civil case is separate from your criminal charges. If you were injured due to your arrest or detention, you should seek medical treatment at once because a future civil case would rely on medical reports made at the time of your injury. This is unrelated to and separates from the criminal charges you’re facing. Just because the security used excessive force or you were injured doesn’t mean that the Crown Attorney won’t proceed with your criminal charges.

• Capable of paying for the items

You could pay for the items you took, but it’s not a complete defence to your case. Shoplifting is committed by people of all financial circumstances and backgrounds. A lot of people steal for the thrill of pulling off something wrong or prohibited. There are cases of people with an annual income of $100,000 who get caught stealing something. It’s futile to plead with the police or store security that you could pay for the items.

So, what happens when you run away from the police or store security? Store security usually wears casual clothes when they try to catch shoplifters after walking out of the store. This is among the reasons why suspects refuse to return to the store’s security room when the security outside approaches them. If security doesn’t want to use physical force to restrain the offender, they will try to get that person’s licence plate number.

The store security will report the suspect’s licence plate to the police together with that person’s description as well as a description of his vehicle. The police will go to the registered address of the vehicle’s licence plate and try to identify the offender. They will also present a Form 9 Appearance Notice to charge the suspect with theft under 5,000. Refusing to return to the store with store security may not negatively impact the result of your case, provided that there are no other charges, threats, or violence involved.

Always keep in mind that you can still be charged with theft even if you didn’t walk away from the store. Such cases, however, are rare. A lot of store security guards follow policies that need them to wait until the offender leaves the room.

This is because leaving the shop is usually accepted to satisfy the intent to deprive of ownership that is required in the criminal code. A conviction can be supported even if you have not walked away from the store. If you hide an item in your pocket, under your clothes, in your purse or on your person, the court may see this as moving the item to satisfy the required time of completion stated in the criminal code. Someone can be charged with theft under 5000 even when he or she is apprehended before leaving the shop. Such cases are harder to prosecute, but they usually happen when a security guard commits a mistake by failing to follow the store policy. However, it doesn’t mean that you can’t be charged.

A security guard usually apprehends the offender upon exiting the shop and brings him to a security room. The offender’s personal information, including his name, address, and date of birth is collected and sent to a lawyer who will draft a civil recovery or demand letter trying to scare the person into paying a certain amount of money to the shop. The security guard will report what he saw to the police.

The police will present a Form 9 Appearance Notice that provides an address and date to attend court. It also provides a date that requires the accused to show up at the police station to get their fingerprints taken. In other words, by the Crown Attorney compels the offender to show up at the courthouse and the police station on specific dates. If you fail to show up on the specified dates, further criminal charges could be filed against you, and this will make winning your theft case more difficult.

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Shoplifters may also be charged with possession of the stolen property. If a price tag is manipulated or switched, the offender may be charged with fraud under 5000. The charges against the offender will be listed in the Form 9 Appearance Notice. The courthouse location varies depending on what police department apprehended the offender and where he was caught. For instance, the cases of charged by Toronto Police held at 1 of 5 Toronto Courthouses. York Regional Police arrests will be held in Newmarket. Every courthouse has different practices on how the prosecution handles theft under charges. As such, it is important to hire a lawyer who knows the prosecutors at every courthouse and focuses on theft charges. That way, you can increase your chances of winning the case.

Now, will you have a criminal record after being charged with theft under 5000? Whether you stole something for $5 or $1000, theft is still a criminal offence. You can seek the service of a criminal lawyer because a successful theft conviction means that you now have an entry on your criminal record. Since the number of stolen items was less than 5000, there’s a possibility of facing jail time up to 2 years. This occurs under serious circumstances like if a home invasion accompanied the theft.

A conviction of theft under 5000 will appear on a routine criminal record background check. The public may consider theft under 5000 a light offence, but it has serious career ramifications for those convicted. It can hurt their future endeavours.

Various factors affect whether a conviction stays on a criminal record or not. One of these factors is age. If the offender is a minor, his criminal record can be removed from the records. However, it usually happens a few years after he has served his sentence.

The offender’s prior criminal record may also affect the court’s decision.  If it is your first time, the course will exercise leniency. However, this also depends on the theft’s circumstances. For instance, a minor theft from a store may gain the leniency of the course if it is the offender’s first time. However, if the offender is an employee at a fast food restaurant and he’s caught pilfering cash from, this is considered a breach of trust against his employer. The court will be motivated to get a full conviction.

There’s also an alternative to a conviction called diversion. A diversion program may be suggested if the offender is a minor, it’s his first-time offence, and the circumstances are favourable. The offender may be required to do community work or attend a rehabilitation program. His conviction is dismissed once he completes the diversion program.

The offender’s future behaviour will be observed, as well. If he is convicted again of another crime, his previous charges will be reinstated. Keep in mind that theft under 5000 is still considered a criminal act. A successful conviction means a criminal record entry that will show up on background checks.

Being convicted of a minor theft can affect a person’s future travel plans and employment opportunities. If you’ve been charged with Theft Under 5000 in Canada, you should seek the help of a criminal defence lawyer who specializes in theft charges to protect your reputation and criminal record. In some cases, a charge of theft is due to a mistake you committed. If you forgot to pay for the items in a store and you’ve been charged with theft because of it, you can plead not guilty and try to convince the judge that your behaviour was not deliberate. Just keep in mind that you may face a tough battle because many offenders claim accident.

Hiring an experienced criminal lawyer can help you persuade the prosecutor to stop the trial and withdraw the criminal charges against you without the need to face a possible criminal conviction or go through a trial. Your lawyer will attend court on your behalf to limit your exposure to the prosecution. There is a chance that you won’t have to step inside a courtroom.

Criminal defence lawyers have a lot of experience in different areas of criminal law. Find someone who has successfully defended people charged with almost every kind of criminal offence at all court levels. Criminal defence lawyers can also deal with theft charges from an employer. Thefts that involve a breach of trust are a serious offence and are seen by the courts as extremely aggravating. Criminal defence lawyers can defend bookkeepers, salespeople, cashiers, treasurers, and accountants who are facing theft charges. They can also negotiate the withdrawal of charges against the offender.

It’s often difficult for the Crown Prosecutor to prove thefts that have occurred over many years or months. The required records should be available and expose the criminal act of the offender. Various factors affect penalty after conviction. These include the offender’s criminal record and circumstances, the amount that was stolen and the amount of time that the theft has been happening, the nature of the offender’s position in the company and whether restitution has been made or not. All these are carefully investigate when a Theft Under 5000 in Canada happens. A guilty plea or trial will also affect the offender’s penalty after conviction.

People charged with breach of trust theft usually face jail time. If there’s restitution involved, jail time may be avoided. Alternatives to jail time include probation and house arrest.  If there’s some explanation for the offender’s behaviour such as drug addiction or gambling, the court can be considerate. The penalties for Theft Under 5000 in Canada can be imposed upon conviction include jail time, an absolute discharge, fine and conditional discharge accompanied by probation.

Criminal defence lawyers do their best to get the best result for their clients such as acquittal, the lightest sentence available, and complete withdrawal of the charges. They can also help clients facing summary and indictable conviction appeals and trials such as driving while under suspension, insurance violations, speeding tickets, careless driving tickets, seatbelt violations, accident tickets, dangerous driving, mischief, sexual assault, utter threats, domestic assault, extradition matters, assault, criminal harassment and drug charges.

Facing charges of Theft Under 5000 in Canada is one of the most stressful occasions that can happen in one’s life. However, it doesn’t mean that there’s no hope for you. Hire a reliable and experienced criminal defence lawyer to protect your future and career. A fully licensed lawyer will handle your case.