THEFT LAWYER TORONTO

A theft charge in Toronto can range from a shoplifting allegation to a serious theft over $5,000, carrying up to ten years imprisonment. Whatever the circumstances, a conviction results in a permanent criminal record that affects employment, travel, and immigration status — often far more than the sentence itself. At Goodman Berman, Barristers, we defend the full range of theft charges in Toronto and across the GTA. For many first-time accused, keeping the record clean through diversion or withdrawal is achievable, and it starts with calling a lawyer before making any decisions.

Theft under $5,000

Theft under $5,000 is a hybrid offence — the Crown can proceed by summary conviction or by indictment depending on the circumstances. This is the most common theft charge and includes shoplifting, taking property from another person, and most everyday theft allegations.

Penalties:

• Summary conviction: maximum 2 years less a day imprisonment
• Indictment: maximum 2 years imprisonment

In practice, most first-time offenders charged with theft under $5,000 do not receive jail sentences. Common outcomes include absolute or conditional discharges, fines, probation, and restitution orders. The real cost of a theft conviction is frequently the criminal record itself — not the sentence.

H3: Diversion — keeping your record clean 

Many theft under $5,000 charges are eligible for diversion, particularly where the accused has no prior criminal record and the value of the property was modest. Diversion programs generally require the accused to complete community service, make a charitable donation, attend a counseling program, or some combination. Once the conditions are met, the charge is withdrawn, and no criminal record results. Not every case qualifies; the Crown considers the circumstances of the offence, the accused’s background, and whether restitution has been made. An experienced lawyer will identify whether diversion is available and present the strongest possible application on your behalf.

Shoplifting 

Shoplifting is not a separate Criminal Code offence — it is theft under $5,000 in a retail context. A person can be charged before leaving the store if there is evidence of intent to take merchandise without paying. Self-checkout allegations are increasingly common and present their own evidentiary issues. The consequences of a shoplifting conviction extend well beyond the retail context; a theft record can affect employment in healthcare, finance, education, government, and any position requiring a security clearance.

Theft over $5,000

Theft over $5,000 is a straight indictable offence. The Crown must proceed by indictment, which means you have the right to elect trial by judge alone or judge and jury. These cases are treated more seriously at every stage, by police, by the Crown, and by the court.

Penalties:

• Maximum 10 years imprisonment on indictment

Common examples of theft over $5,000 include embezzlement, theft from an employer, breach of trust, and vehicle theft. These cases frequently involve documentary evidence, electronic records, surveillance footage, and forensic analysis of financial records. Early legal intervention is critical to understanding the full scope of the evidence before any decision is made.

Theft from an employer

Theft from an employer is treated as a more serious matter than retail theft regardless of the value involved. The existence of a trust relationship between employee and employer is an aggravating factor at sentencing. These cases frequently arise from payroll manipulation, inventory theft, expense fraud, and misuse of corporate accounts or credit cards. Diversion is less readily available where the theft involved a breach of employment trust.

Possession of property obtained by crime

It is a separate criminal offence to possess property knowing it was obtained by theft or another crime, even if you did not commit the original theft. This charge frequently arises alongside theft charges or where property is found in the accused’s possession without a clear explanation. The Crown must prove both possession and knowledge that the property was criminally obtained.

Cases we have defended

How we defend theft charges

Colour of right 

If the accused honestly believed they were entitled to the property — even if that belief was mistaken — it negates the intent required for theft. Colour of right is one of the most commonly raised defences in theft cases and applies wherever there is a genuine dispute about ownership or entitlement.

Knowledge and intent 

The Crown must prove you knew the property did not belong to you and that you took it intentionally. Where knowledge or intent is genuinely in dispute, for example, where items were mixed up, forgotten, or taken under an honest misunderstanding, there is a defence.

Identification 

Where the prosecution relies on surveillance footage, witness identification, or circumstantial evidence, your lawyer will scrutinize the reliability of that identification. Surveillance footage is frequently of poor quality; witness identification of strangers is notoriously unreliable.

Value of the property 

The value of the property determines which charge applies and how the Crown can proceed. Where the Crown’s valuation is disputed, your lawyer will challenge the basis for that valuation, the difference between under and over $5,000 has significant consequences for sentencing exposure and diversion eligibility.

Charter challenges 

If you were stopped, searched, or arrested in breach of your Charter rights — without reasonable grounds, without being advised of your right to counsel, or through an unlawful search — any evidence obtained may be excluded. This is particularly relevant in cases involving retailer detention, loss prevention officers, or police searches of vehicles and homes.

Consequences of a theft conviction

The criminal record consequences of a theft conviction are frequently more damaging than the sentence itself:

Employment — a theft conviction will appear on criminal record checks and is particularly damaging for employment in finance, banking, healthcare, education, government, and any position of trust. Many professional regulatory bodies treat a theft conviction as grounds for disciplinary proceedings or licence suspension.

Travel — a theft conviction can make you inadmissible to the United States under US immigration law. Even a conditional discharge may be flagged at the border. This is one of the most common concerns for people facing a first theft charge.

Immigration — for non-citizens, a theft conviction can affect permanent residence applications, citizenship, and in serious cases trigger admissibility proceedings. Even charges that do not result in conviction can complicate immigration matters if not handled carefully.

Security clearances — a theft conviction or outstanding charge can result in loss of or ineligibility for security clearances, affecting employment in government, military, and law enforcement contexts.

Frequently Asked Questions