Robbery, theft & fraud lawyer in Toronto
Property crime charges range from a shoplifting allegation to an armed robbery carrying a mandatory minimum sentence. Where your case sits on that range changes everything about how it should be defended, and it is often more arguable than it first looks.
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Theft: over $5,000 and under $5,000
Theft is taking or converting property that belongs to someone else, without colour of right and with the intent to permanently deprive the owner of it. The Criminal Code treats theft differently depending on whether the property involved is valued over or under $5,000 — the threshold affects both how the charge can proceed and the maximum sentence that applies, so the value the Crown alleges is worth contesting in its own right, not just accepting.
Intent matters more than people expect. A genuine, honestly held belief that you had a right to the property — a colour of right — is a real defence, even if that belief turns out to be mistaken. Disputes between business partners, family members, or former roommates over who actually owned something frequently turn out to be civil disputes wearing a criminal charge.
Robbery and armed robbery
Robbery is theft accompanied by violence, or the threat of violence, used to overcome resistance or to extort the property. It is treated far more seriously than theft alone, and where a firearm was used, or even where an imitation firearm was involved, mandatory minimum sentences can apply. Whether an object genuinely qualifies as a weapon, whether it was actually used or only present, and whether the force alleged rises to the level the offence requires are all questions that decide the outcome long before sentencing is ever discussed.
Fraud
Fraud is deceit, falsehood, or another dishonest act that causes another person a loss, or puts their property at risk of loss — it does not require that anyone actually end up out of pocket. It covers everything from a bad cheque to an elaborate investment scheme, and like theft, the Criminal Code draws a line at $5,000 that affects how the charge proceeds and what penalty range applies. Employment fraud, credit card fraud, and real estate or mortgage fraud allegations often turn on records — contracts, bank statements, emails — that need to be gone through carefully rather than taken at the Crown's summary.
Where these cases are won
- Identification. In cases involving surveillance footage, a mask, or a getaway, proof that the person charged is the person who did it is frequently the real issue, not what happened.
- Value. The dollar figure the Crown alleges is not automatically correct. Appraisals, receipts, and the actual scope of a fraud are often overstated at the charge stage and can be challenged.
- Intent. Colour of right, honest mistake, and genuine misunderstanding between parties who had an existing relationship are all real defences to theft and fraud, and they come up more often than people expect.
- Whether a weapon was really a weapon. The line between robbery and simple theft, and between simple and armed robbery, depends on exactly what was said, shown, or used — and that is rarely as clear-cut as the initial charge suggests.
- Charter issues. How you were identified, whether property was seized lawfully, and how any statement was obtained.
What to do now
- Say nothing about the allegation to the police. You are not obliged to explain yourself, and an explanation given before you have seen the disclosure can lock you into a version of events you may later wish you hadn't given.
- Follow your release conditions exactly. Conditions after a property crime charge often include no-contact terms with a business, a former partner, or a co-accused. Breaching them is a new charge.
- Preserve your own records now. Emails, texts, receipts, contracts, and bank records that support your side of the story are far easier to find today than after months have passed.
- Call a lawyer immediately, especially if a firearm or weapon is alleged, or if you are asked to attend for a further statement.
Common questions
What's the difference between theft under $5,000 and theft over $5,000?
It is the value of the property alleged to have been stolen. The Crown's chosen figure affects how the charge can proceed and the maximum sentence available, and that figure is not automatically correct — it can be challenged with appraisals, receipts, or evidence of the property's real value.
I honestly believed the property was mine. Is that a defence?
Yes. Colour of right — an honest, even if mistaken, belief that you had a legal right to the property — is a recognised defence to theft and to some fraud charges. It comes up often in disputes between business partners, family members, or former roommates.
Can I be charged with robbery if I didn't use a weapon?
Yes. Robbery is theft accompanied by violence or the threat of violence used to overcome resistance; a weapon is not required for the base offence, though using one, or even an imitation, raises the stakes considerably and can trigger mandatory minimum sentences.
Does a fraud charge mean money actually has to have been lost?
No. Fraud can be made out where a person's property was put at risk of loss through deceit or falsehood, even if no loss was ultimately suffered. The scope of what the Crown alleges is often broader, and more arguable, than the initial charge suggests.
Will a theft or fraud charge show up on a background check?
A conviction creates a criminal record. Even charges that do not result in a conviction can appear on certain record checks depending on the circumstances, which matters a great deal if your employment depends on one — tell your lawyer early, because it affects strategy.
Talk to us about your case
Every Defence LLP has defended criminal charges across Ontario since 2006. Our office is at 920 Yonge Street, Suite 602, Toronto. The first consultation is free and the phone is answered around the clock.