Theft is one of the most commonly committed crimes across Canada. While its definition may be simple, the legal and personal consequences of theft can be complex and far-reaching. Due to this, you need to understand exactly what you’re dealing with.
For those facing theft charges, or if you simply want to know more about this crime, we’ve got you covered. Let’s look at the legal, financial, and social repercussions of theft.
Definition and Types of Theft
The theft comes under Section 322 of the Canadian Criminal Code. It is defined as the taking or converting something with the intent to deprive the owner of it. The seriousness of the offence is directly linked to the value of the stolen items.
Thefts under $5,000 are less severe and will usually be classified as a summary offence. These are usually cases that involve incidents such as shoplifting or the taking of lower-value personal belongings. Unless it’s a repeat offence, a custodial sentence is less likely. However, if treated as an indictable defence, a sentence of two years imprisonment is possible.
Thefts over $5,000 are treated more seriously and are more likely to be prosecuted as an indictable offence. With that, a sentence of up to 10 years in prison is possible. This is usually for higher-value items such as cars and other valuable items.
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Legal Consequences of Theft
There are several possible legal consequences when it comes to theft in Canada. These will be based on the circumstances of the crime, the value of the property, and previous criminal activity. Here are the possible outcomes.
Fines and Restitution – In many minor cases, the outcome will be either a fine or restitution. Fines are payable to the court, whereas restitution involves reimbursing the victim for their losses.
Probation – With minor theft or first-time offenders, incarceration is unlikely. Probation may be given instead of prison time. This is where an individual can remain in the community but with specific conditions on their location and behaviour
Imprisonment – There is no minimum custodial sentence for theft. The maximum for summary convictions is two years in jail, and for indictable offences is 10 years. As stated above, the category of criminal offences is usually based on the financial value of the theft.
Criminal Record – Regardless of the punishment, being found guilt and convicted will result in a criminal record. This can have long-term consequences on various parts of your life such as finding employment, travelling and obtaining professional licences.
With assistance from an experienced lawyer it may be possible to avoid a conviction even if you are found guilty of theft, through the imposition of a conditional or absolute discharge.
Aggravating Factors in Theft Cases
Beyond the value of the theft, there are other aggravating factors that could lead to harsher sentences.
Breach of Trust – Theft committed by someone in a position of trust will be treated more harshly. This could be the likes of a caregiver stealing from a vulnerable victim, or an employee stealing money after being given more authority.
Use of Violence or Threats – If the theft included the use of violence or even the threat of violence, the charges can be escalated to robbery.
Repeat Offences – More leniency and benefits will be given to first-time offenders. For those with prior theft convictions, the court will usually seek harsher sentences as the offender shows no sign of rehabilitation.
Impact on the Victim – Harsher penalties can be given if the theft has caused emotional distress to the victim. Victim statements can be an important aspect of sentencing.
Sophistication – If there was complex prior planning, the degree of culpability is seen as higher.
Impact of Theft – The impact of the theft may have affected public safety. For example, stealing from a hospital is seen as more serious.
Beyond these factors, other circumstances can be taken into account. The likes of theft during an emergency, from a charitable institution, or one that targeted a vulnerable victim could all be taken as aggravating factors.
Social Consequences of Theft
Along with the legal consequences, it’s important to think about the social implications of theft. It will likely affect your current employment as well as future employment opportunities. A conviction showing up on background checks is a red flag for many employers.
You can also have restrictions or need special permissions to travel to other countries, with some denying entry altogether. Personal relationships can also be strained with family and friends, who may see you differently after a conviction.
Finally, there is the mental and emotional impact. All these factors can lead to feelings of shame, anxiety, and embarrassment. This can cause long-term emotional stress after a theft conviction.
The Importance of Legal Representation
Regardless of how strong the case is against you, getting experienced legal representation is a must. A skilled lawyer may find holes in a case that you didn’t consider and they have several defences available to them when crafting a strategy.
As we’ve seen, aggravating factors can have a big impact on sentencing. Even if found guilty, a lawyer advocating on your behalf can result in a reduced sentence.
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Final Thoughts
Theft is often a simple crime but one that can cause huge consequences. Not only can it lead to severe legal punishments, but a conviction can also affect you in the long term. This is why it’s vital to give yourself the best possible chance when fighting the case.
That involves hiring an experienced lawyer who can advocate on your behalf. If you’re looking for legal representation, give AGP LLP a call today. We’ll be happy to offer you a free consultation and guide you through the first steps.
