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Understanding Theft Charges
Theft includes fraudulently taking or converting property without colour of right and with an intent specified by section 322 of the Criminal Code. The allegation may involve shoplifting, workplace property or another disputed taking. Ownership, permission and intent can be central issues.
What the Crown must establish
The Crown must prove the elements beyond a reasonable doubt. The value of the property affects the offence category and available punishment under section 334. Returning an item does not automatically end a charge. Outcomes depend on the evidence, record and available legal options.
How a lawyer can assist
Counsel reviews identification, receipts, video, witness accounts and any statement. The assessment addresses permission, intent and valuation, and whether a defence, diversion where available, or another resolution should be pursued.
Taking property, permission and the required intent
Theft concerns a fraudulent taking or conversion without colour of right and the intent required by the Criminal Code. That can include an intent to deprive an owner temporarily; an intention to return an item does not automatically answer the allegation. Permission, an honest claim of right and what happened at the time may be central issues.
In a shop, workplace or shared-property dispute, receipts, payment attempts, surveillance and complete communications can help explain the conduct. Counsel can examine identification, authority to take or use the item, and whether the evidence proves the required state of mind. Mere suspicion of wrongdoing is not the legal test.
Theft under or over $5,000 and related allegations
The alleged value matters because the Criminal Code distinguishes theft over $5,000 from theft at or below that amount, with additional rules for certain property. A low value does not make attendance in court optional or guarantee a particular result. The evidence of ownership and value should be reviewed rather than accepted without examination.
Possession of stolen property is a separate offence with its own requirements. Fraud also involves different elements. If several counts arise from the same events, Aftermath Law can explain the case on each count and assess any appropriate resolution or diversion opportunity without assuming eligibility.
Returning property, civil demands and the criminal case
Returning an item may matter, but it does not automatically undo a completed theft. A store or employer’s civil payment demand is separate from the criminal prosecution. Paying that demand does not, by itself, end a charge or replace an appearance required by the court.
Keep the demand, charge papers, receipts and any release or trespass notices. Before contacting the complainant or arranging a return, check the restrictions and discuss the proposal with counsel. The advice should address the evidence, possible consequences and the lawful way to respond, while preserving any useful records in their original form.
Your representation at Aftermath Law
Putting the alleged taking in context
A theft allegation can raise questions about identification, ownership, permission and intent. A theft charges lawyer can review the evidence on each issue, whether the case involves a store, a workplace or property shared with someone you know. Aftermath Law can help you understand what needs to be established before you make decisions about a plea or resolution.
Dildeep Sahi can compare the police account with receipts, messages and any available video. If another person has contacted you about returning property or paying money, discuss that communication with counsel before assuming it resolves the criminal case.
What we can review together
The item’s ownership, value and any permission to use or take it.
Receipts, access records and the full sequence shown by available footage.
Discuss your matter with Dildeep Sahi in a free consultation.
What is the difference between theft under and over $5,000?
The alleged value affects the statutory punishment framework. The Crown must still prove the offence, and value may itself require evidence.
Can an honest checkout mistake matter?
Yes. Intention is relevant, and receipts, video and surrounding circumstances should be reviewed. An explanation must be assessed against the complete evidence.
Will a first theft charge be diverted?
Possibly in an eligible case, but there is no automatic entitlement. Obtain advice about the available process and any conditions or admissions before agreeing.
Defines theft, including fraudulent taking or conversion without colour of right and the specified intentions concerning the property. It is relevant to disputes about permission, ownership and an intention to return an item.
Distinguishes punishment by value and type of property. It helps explain why the alleged value matters while a lower-value charge still requires a response to the criminal proceeding.
Discuss the alleged taking, the court papers and any store or workplace correspondence so you can consider your options for representation.
The free one-hour initial consultation with Dildeep Sahi focuses on your situation, options and potential representation. Consultations are available in English, Punjabi and Hindi. Any document review or further work should be arranged separately with the firm.
Office visits are by appointment only. Scheduled consultations are separate from urgent telephone assistance; an immediate answer or response is not guaranteed. This form is not an emergency service.
Keep your enquiry brief and omit confidential documents or a detailed history. Submitting the form does not create a lawyer-client relationship; the firm must complete an initial review and conflict check before agreeing to act.
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Free initial consultation. Basic details only; not for emergencies.
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