Theft Lawyer in Winnipeg
Secure Your Defence with Experienced Theft Defence Lawyers
What is Theft?
Theft is a criminal offence defined under Section 322 of the Canadian Criminal Code. It is classified as a nonviolent property crime and involves taking or converting property without the owner’s permission, with the intent to:
- Permanently deprive the owner of the property.
- Use the property for personal gain (e.g., as collateral).
- Give away the property under conditions that make it difficult to return.
- Damage or alter the property so it cannot be returned to its original state.
Theft can involve physical property as well as intangible property like digital information. Moreover, there are various forms of theft, each with distinct characteristics:
- Shoplifting: This is the most common type of theft and includes e.g. stealing items from a retail store.
- Fraud: This involves purposefully deceiving someone to cause them financial harm, such as through financial scams or embezzlement.
- Identity theft: This occurs when someone knowingly and willfully appropriates another person’s personal information and uses it illegally, such as to open credit cards or access bank accounts.
The key elements in a theft charge are intent, lack of consent, and lack of ownership. The accused must, therefore, have intentionally taken the property, knowing they did not have the owner’s permission to do so. Theft is categorized based on the value of the stolen property:
- Theft under $5,000 (s. 334(b)): This includes common incidents like shoplifting and is generally treated less severely.
- Theft over $5,000 (s. 334(a)): This involves more significant property, often from businesses or employers, and carries harsher penalties.
The two categories are discussed in more detail below.
What is Shoplifting?
Shoplifting is a prevalent form of theft, defined as taking goods or merchandise from a retail store without paying for them. For an act to be considered shoplifting, there must be intent to deprive the store of its property permanently. The items must belong to a store or business and have a value under $5,000. Shoplifting is a hybrid offence and is charged under the Theft Under $5,000 provision. As a hybrid offence, the Crown prosecutor can choose to proceed summarily or by indictment, depending on the specifics of the case.
In Manitoba, prosecutors generally view shoplifting as less severe than other criminal offences, placing it at the lower end of the criminal spectrum. Often, first-time offenders can avoid a criminal conviction without going to trial, highlighting the possibility of leniency in such cases.
Different Types of Theft Charges
As mentioned above, theft charges in Canada cover a broad spectrum of offences, primarily distinguished by the value of the stolen property. The two main categories are theft under $5,000 and theft over $5,000. It is essential to understand these distinctions, as they impact the legal strategy, court proceedings, and potential outcomes for the accused.
Theft Under $5000
Theft under $5,000 applies when someone takes property belonging to another person without their consent and with the intention to deprive them of it, either permanently or temporarily. This can include acts such as shoplifting or petty theft, like stealing an item from a store and hiding it in a bag or jacket.
Categorized under Section 334(b) of the Criminal Code of Canada, this is considered a hybrid offence, meaning the Crown prosecutor can proceed summarily or by indictment. This choice affects the severity of penalties, with summary proceedings typically reserved for less serious cases. Ultimately, even minor theft acts can have significant consequences, such as a criminal record, impacting employment and personal relationships.
Theft Over $5000
Theft over $5,000 is defined under Section 334(a) of the Criminal Code of Canada. As the term suggests, it involves stealing property worth more than $5,000 and can include actions such as embezzlement or theft from an employer. It is treated as a straight indictable offence, carrying penalties of up to 10 years in prison.
Factors influencing the case include the defendant’s criminal record, the specifics of the offence, and restitution attempts. Given the gravity of the offence, these cases are typically heard in higher courts, underscoring the need for a strong and experienced legal defence.
The severity of the crime and the potential for significant penalties upon conviction underscore the need for a strong and experienced legal defence to navigate the complexities and protect the accused's rights.
Potential Defences Against Theft Charges
If you’re facing theft charges in Winnipeg, it’s crucial to understand the potential defences that can protect your rights and lead to a favourable outcome. Experienced criminal defence lawyers can develop a strategy specifically for your case, employing various defences based on the unique circumstances involved.
Lack of Intent
Theft requires the intent to deprive the owner of their property permanently. Consequently, one of the primary defences against theft charges is showing a lack of intent. If you can show that you did not have the mental intent to steal the item, such as accidentally walking out of a store without paying, this can be a defence. Demonstrating a lack of intent negates a crucial element of the crime, leading to a potentially favourable outcome.
Mistake of Fact
If you honestly but mistakenly believed you had a legal right to the property, such as thinking it belonged to you or that you had permission to take it, this can be a defence. This is known as having a "colour of right."A defence based on a lack of evidence challenges the sufficiency and reliability of the prosecution’s case.
Mistaken Identity
Mistaken identification by eyewitnesses or errors in surveillance footage can be a valid defence against theft charges. The accused can argue they are not the person depicted in the footage and provide an alibi demonstrating they were elsewhere at the time of the theft. A criminal defence lawyer will gather supporting evidence and examine the police investigation and eyewitness identification procedures to look for any issues that could have led to a mistaken identification.
Rightful Ownership
In some cases, the accused may have believed they had a rightful claim to the property in question. Presenting evidence supporting a claim of ownership or permission can be a strong defence. Establishing a legitimate belief in the right to possess the property can negate the element of theft. This defence might involve providing ownership documents, written or verbal permission from the owner, or correspondence or agreements indicating the right to possess the property. Demonstrating that the accused genuinely believed they had the right to the property can lead to a favourable outcome, as it challenges the prosecution’s assertion of unlawful intent.
Procedural Defences
Procedural defences focus on the methods used by law enforcement during the investigation and arrest. Violations of the accused’s constitutional rights (i.e. Charter violations), such as unlawful search and seizure or failure to provide a proper warrant, can be grounds for a defence. Highlighting these procedural errors can undermine the prosecution’s case, as improperly obtained evidence may be deemed inadmissible in court, potentially leading to a dismissal or reduction of charges.
Facing theft charges can be daunting, but understanding the potential defences available is the first step in building a strong case. An experienced theft defence lawyer can navigate these complexities, protecting your rights and working towards the most favourable outcome possible.
Sentences and Penalties for Theft Charges in Winnipeg
Theft charges in Winnipeg carry serious consequences that can impact your freedom, finances, and future opportunities. Knowing the potential penalties is the first step towards navigating the legal process and making informed decisions about your defence.
Penalties for Theft Under $5,000: If treated as an indictable offence, the maximum penalty for theft under $5,000 is up to two years less a day in prison. As a summary conviction, the maximum penalty is up to six months in prison and/or a fine of not more than $5,000. The judge also has the discretion to issue an absolute or conditional discharge or order alternative measures like diversion programs, meaning the accused will not have a criminal record. This is often the case for first-time offenders.
Penalties for Theft Over $5,000: Theft over $5,000 is typically treated as an indictable offence, carrying a maximum penalty of up to 10 years in prison. The severity of the punishment reflects the seriousness of the offence, and factors such as the defendant’s criminal record (e.g. is the offender a repeat offender), the specifics of the offence, and whether restitution has been attempted can influence how the allegations are pursued. Additionally, if the theft involved violence, threats, or a breach of trust (like stealing from an employer), the penalties could be increased.
Special Cases of Theft: Certain types of theft, such as motor vehicle theft and credit card theft, have specific penalties reflecting the nature and frequency of the crime.
- Penalties for Motor Vehicle Theft: Motor vehicle theft, covered under Section 333.1 of the Criminal Code, can be prosecuted as an indictable offence with a maximum sentence of 10 years in prison, or as a summary conviction with a maximum penalty of two years less a day. Repeat offenders charged by indictment face a minimum sentence of six months imprisonment, highlighting the Canadian government’s commitment to combating auto theft due to its prevalence.
- Penalties for Credit Card Theft: Under Section 342(1) of the Criminal Code, credit card theft includes actions such as stealing, forging, possessing, or trafficking such cards. It also includes using credit cards knowing it to be revoked, cancelled, forged or falsified. If prosecuted as an indictable offence, the maximum penalty is up to 10 years in prison. As a summary conviction, penalties can include fines or imprisonment for up to two years.
Facing potential jail time, fines, and a criminal record can be overwhelming, which is why you need an experienced lawyer on your side. Understanding the specific penalties for your theft charges is crucial for navigating the legal system and minimizing the impact on your future.
Sentences and Penalties for Theft Charges in Winnipeg
Seek Counsel from an Experienced Criminal Defence Lawyer
Being accused of theft can be daunting. Understanding your legal options and potential outcomes is crucial. Wiebe Criminal Defence provides robust, tailored defence strategies for a wide range of theft offences, from shoplifting to complex fraud. Our experienced team is committed to protecting your rights and achieving the best possible outcome. Contact Wiebe Criminal Defence for a free consultation to understand your rights and the best course of action.
Frequently Asked Questions
What’s the difference between robbery and theft?
Both robbery and theft involve taking another person's property without consent. The key differences between the two offences are the use of intimidation, threat of violence, or actual violence during the robbery. Moreover, if a weapon is used, it escalates to armed robbery. While both crimes require the intent to steal, the addition of violence makes robbery a more severe charge compared to theft, particularly theft under $5,000.
What must the crown prove for a theft conviction?
To secure a theft conviction, the Crown prosecutor must prove beyond a reasonable doubt that you are the person who committed the theft, that you intentionally took or converted property that did not belong to you, that you did so without the owner's consent, and that you acted fraudulently and without colour of right. This includes demonstrating that you moved or attempted to move the item without permission.
Can a theft charge be withdrawn or reduced?
Yes, a theft charge can be withdrawn or amended, depending on the specific circumstances of the case, the strength of the evidence, and your defence strategy. Crown prosecutors assess whether there is a reasonable prospect of conviction and whether pursuing the charge is in the public interest. If either of these criteria is not met, the charges may be withdrawn. Alternatively, prosecutors may engage in plea negotiations, potentially leading to a charge amendment (reducing the charge to a lesser offence) or a plea deal with a lighter sentence in exchange for a guilty plea. An experienced theft defence lawyer can be instrumental in negotiating the most favourable outcome for you.