Theft Defence Lawyer

Under the Criminal Code of Canada, theft is the intentional taking or converting to personal use (or another person’s use) anything, whether animate or inanimate, in a way that is fraudulent. This is done either for the temporary or permanent deprivation of an owner to his property or interest, to pledge or deposit it as security, or to change its condition such that it can no longer be restored to its original conditions.

Theft includes retail theft, breaches of trust, workplace-related theft, shoplifting, price switching and gaming offences. If you are faced with a charge of theft, seek legal advice before limiting your options by pleading guilty. There may be many valid defences to use in your particular case. Bonn Law has handled various theft cases, so our team of skilled criminal lawyers know which defences will work in your favour.

Here's a breakdown:

322: Theft

  1. Every one commits theft who fraudulently and without colour of right takes, or fraudulently and without colour of right converts to his use or to the use of another person, anything, whether animate or inanimate, with intent
    1. to deprive, temporarily or absolutely, the owner of it, or a person who has a special property or interest in it, of the thing or of his property or interest in it;
    2. to pledge it or deposit it as security;
    3. to part with it under a condition with respect to its return that the person who parts with it may be unable to perform; or
    4. to deal with it in such a manner that it cannot be restored in the condition in which it was at the time it was taken or converted.
  2. A person commits theft when, with intent to steal anything, he moves it or causes it to move or to be moved, or begins to cause it to become movable.
  3. A taking or conversion of anything may be fraudulent notwithstanding that it is effected without secrecy or attempt at concealment.
  4. For the purposes of this Act, the question whether anything that is converted is taken for the purpose of conversion, or whether it is, at the time it is converted, in the lawful possession of the person who converts it is not material.
  5. For the purposes of this section, a person who has a wild living creature in captivity shall be deemed to have a special property or interest in it while it is in captivity and after it has escaped from captivity.

Key Elements of Theft

To establish a charge of theft, the Crown must demonstrate that the accused intentionally took property from another individual or location, with the purpose of permanently depriving the rightful owner of that property. This includes actions where the item is moved or made moveable with the intent to remove it.

Defending Against a Theft Charge

At Bonn Law, our legal team conducts a thorough review of all relevant evidence and listens to your account with respect and attention. We are committed to building a strong and strategic defence tailored to your case. Out lawyers will scrutinize the evidence for inconsistencies or errors and assess whether any of your Charter Rights were violated during the arrest or investigation process.

Penalties

Various charges may be faced if convicted of theft depending on the value of the item or amount allegedly stolen:

  • Theft of any item or amount under $5000, the accused may be guilty of a maximum imprisonment of up to two years or an offence punishable on summary conviction.
  • Theft of any item or amount over $5000, the accused may be guilty of a maximum imprisonment of up to ten years.

A conviction results in a criminal record, which can affect employment, travel, and more.

Why Choose Bonn Law for Your Theft Defence

Facing a theft charge can be a serious and life-altering experience. At Bonn Law, we understand the high stakes involved and are committed to providing you with the strongest possible defence.

Proven Experience in Criminal Defence

Our team has extensive experience handling theft cases. We know how to navigate the complexities of the legal system and build a strategic defence tailored to your unique situation 

Personalized, Compassionate Support

We recognize that every case is different. That is why we take the time to understand your story, explain your legal options clearly, and support you through every step of the process. You are not just another case number – you are a person who deserves a fair defence.

Strong Track Record of Results

Bonn Law has earned a reputation for excellence in criminal defence. Our lawyers are known for their integrity, diligence, and results-driven approach. We fight to protect your rights and minimize the impact of criminal charges on your future 

Local Knowledge and Courtroom Expertise

Based in Belleville, Ontario, we have deep knowledge of the local courts, judges, and prosecutors. This insight allows us to anticipate challenges and advocate effectively on your behalf.

Full-Service Legal Support

Whether your case involves complex evidence, multiple charges, or related legal issues, our team is equipped to handle it all. We collaborate closely to ensure no detail is overlooked.

Contact Bonn Law Today

If you have been criminally charged with theft, do not wait to seek legal representation. Contact Bonn Law today! Let us help you navigate the legal process and secure the best possible outcome. Your future is our priority, and we are here to support you every step of the way. 

Our lawyers practicing in this area include:

Bonn Law - James Lisowski
James Lisowski
Bonn Law - Matthew Gysbers
Matthew Gysbers

Disclaimer

The information provided on this website is for general informational purposes only and does not constitute legal advice. For specific legal advice, please consult a qualified lawyer regarding your individual circumstances.

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