What are Defences for Theft?
- Identity of offender not proven;
- Dishonesty or dishonest intent not proven;
- Deprivation (economic loss or risk of economic loss) not proven;
- Causation not proven;
- Colour of Right;
- Mistake of Fact;
- Duress;
- Necessity;
- Breach of right to be free from unreasonable search and seizure (Charter);
- Breach of right to be free from arbitrary detention (Charter);
- Breach of rights to counsel (Charter);
- Breach of right to a trial within a reasonable time (Charter);
- Excessive use of force by police (Charter);
- Abuse of process (Charter);
Charged with a Criminal Offence Like Theft? Get Every Defence
With over 25 years experience, Norm and Marcus have successfully defended hundreds of fraud cases. Accomplished trial lawyers, Marcus and Norm will carefully assess your case and argue for every defence available to you, including defences under the Canadian Charter of Rights and Freedoms.
Do not plead guilty to Theft without discussing your case with a lawyer
“White collar” crimes are taken very seriously by the courts and sentences often include jail. Being found guilty may also result in negative employment, immigration and personal consequences to you and your family for years to come.
Every Defence. Norm and Marcus will ensure that all of your rights are protected. You are presumed innocent. We will fight for the positive result you need to move on with your life.
To speak with Norm or Marcus, call (416) 855-7799 or email us at [email protected]. We accept calls 24 hours a day, 7 days a week. Confidentiality guaranteed. Free consultations. Meeting by appointment only.
Requirements to be found guilty of Theft
The Crown Attorney has to prove ALL of these things BEYOND A REASONABLE DOUBT:
- The taking or conversion of anything that belongs to another;
- A fraudulent intent and no colour of right (i.e. knowledge that the property belongs to another);
- An intent to deprive;
How the prosecutor will try to prove guilt of Theft
The Crown Attorney will usually rely on information and evidence provided to the police by the complainant (whether it be a business or an individual). The police may also obtain surveillance video footage.
How we can defend you of theft
Theft cases are often technical to prove and defend. To ensure you have the best chance of success, it is important that you have a lawyer with strong cross-examination skills and who is experienced and up-to-date on the most recent court cases. Norm and Marcus have successfully defended hundreds of fraud cases.
Every Defence.
Punishment IF found guilty of Theft
Theft Over $5,000
Where the value or amount of the theft proven is more than $5,000
- IF the Crown elects to proceed by summary conviction, the maximum sentence is two years less a day in prison;
- IF the Crown elects to proceed by indictment, the maximum sentence is ten years in prison;
Theft Under $5,000
Where the value or amount proven is $5,000 or less:
- IF the Crown elects to proceed by summary conviction, the maximum sentence is two years less a day in prison;
- IF the Crown elects to proceed by indictment, the maximum sentence is two years in prison;
Additional notes on sentencing
In addition to the above punishments, the court will usually make a restitution order that requires a person found guilty to pay back the amount or value of the loss to the victim.
Our Successes at defending Theft
Over one hundred of our clients have had their theft charges withdrawn at the request of the Crown Attorney upon completion of “diversion” requirements (meaning community service or a charitable donation).