Summary
The less serious route
2 years
less a day, maximum
and/or a fine up to $5,000 (s. 787)
Theft and Shoplifting Lawyer Mississauga & Brampton
Trained at an Ontario Crown Attorney's Office.
- Free consultation
- Speak directly with your lawyer
- Flexible payment plans
- English, Punjabi and Hindi
Charged with theft? Tell us what happened.
Regulator
Theft is an offence under sections 322 and 334 of the Criminal Code: taking property without a legal right, intending to deprive the owner. Shoplifting is usually charged as theft under $5,000, with a maximum of two years by indictment. A theft lawyer can review the evidence and possible diversion.
A theft charge can feel out of proportion to what happened. You may be worried about your job, your immigration status or a record that follows you for years. A Theft Charges Lawyer can help you understand the charge and the options that may protect your future.
Aftermath Law is a criminal defence practice led by Dildeep Sahi. We defend people charged with shoplifting, theft under $5,000, theft over $5,000 and employee theft.
Our phone is answered 24/7, including during an arrest. The first consultation is free.
Charged with theft?
Penalties
Penalties and consequences
The value of what was taken sets the maximum. Tap to compare.
$5,000 or less
THE CROWN CHOOSES
Indictment
The more serious route
2 years
maximum
Theft $5,000 or less, s. 334(b)
Read more about theft under $5,000 and shoplifting.
Over $5,000
THE CROWN CHOOSES
Summary
The less serious route
2 years
less a day, maximum
and/or a fine up to $5,000 (s. 787)
Indictment
The more serious route
10 years
maximum
Theft over $5,000, or of a will, s. 334(a)
Read more about theft over $5,000.
The sentence in any case depends on its own facts, and many theft cases can end without a conviction.
Aggravating factors. Abusing a position of trust or authority is a statutory aggravating factor under s. 718.2(a)(iii), which can matter in employee theft cases. Since July 15, 2026, Bill C-14 (the Bail and Sentencing Reform Act) also added organized retail theft as an aggravating factor. Theft that interferes with essential infrastructure, such as copper theft, is another new aggravating factor.
Why a dishonesty offence carries extra weight. Theft is treated as a crime of dishonesty. That can affect your life well beyond the sentence:
These are maximums set by law, not predictions.
- Your home and familyRelease conditions can keep you out of your own home or away from family.
Release conditions, such as staying away from a store or workplace.
We work to have conditions varied. - Your job and licenceEmployers and regulators often ask about charges, not just convictions.
Employment. Many employers screen for theft and fraud. Jobs in banking, retail management, security, government and regulated professions may be affected.
We tell you what to disclose, and when. - Your travel and statusA conviction can affect U.S. entry and immigration status.
Immigration. If you are not a Canadian citizen, a theft conviction can affect your status. Under s. 36 of the Immigration and Refugee Protection Act, hybrid offences are treated as indictable even if prosecuted summarily. Theft over $5,000, with its 10-year maximum, can fall within "serious criminality." Speak to an immigration lawyer as well.
We assess this before any resolution. - Your recordA withdrawal, peace bond or discharge is not a conviction.We explain which options may apply to you.
- Restitution.
Under s. 738, a court may order you to repay the value of property that was lost or not returned. This can apply after a conviction or a discharge.
The earlier a lawyer is involved, the more can be protected.
RELATED GUIDES
Keep reading
6 GUIDESSentencingSentencing options in CanadaHow judges choose between a discharge, probation and jail.SentencingConditional and absolute dischargesHow a discharge differs from a conviction, and when it applies.Criminal recordsIs a conditional discharge a criminal record?How discharges show up on records and background checks.Criminal recordsCriminal charges and immigration statusHow a charge or conviction can affect your immigration status.TheftDiversion for theft chargesHow diversion works for a theft charge and who may qualify.TheftTheft sentences in CanadaPossible sentences for theft, including restitution and record effects.
The law
What the Crown must prove
The Crown must prove all four.
Taking or using. You took something or used it as your own.
Not a mistake. You acted dishonestly, rather than making an honest mistake.
No honest belief. You did not honestly think you were allowed to take it.
Keeping it away. You meant to keep the owner’s property from them, even briefly.
Read the legal wording
Theft is defined in section 322 of the Criminal Code. Under s. 322(1), a person commits theft if they "fraudulently and without colour of right" take or convert anything with a specified intent. The most common intent is to deprive the owner of it, temporarily or absolutely.
In plain language, the Crown must prove beyond a reasonable doubt that:
- You took or converted the property. Converting means using someone else's property as your own, even if you first had it lawfully.
- You acted fraudulently. This generally means dishonestly, not by mistake.
- You had no colour of right. Colour of right refers to an honest belief that you had a legal right to the property. If you honestly believed it was yours, or that you were allowed to take it, that may be a defence.
- You had the required intent. Usually, this is the intent to deprive the owner, even temporarily.
When theft is complete. Under s. 322(2), theft can be complete once you move the item with intent to steal. In a store, this means you may be charged even if you never left the building.
Shoplifting. Shoplifting is not a separate offence. It is usually charged as theft under $5,000, with store video often central to the evidence.
Employee theft. Taking money, goods or data from an employer is also charged as theft (or sometimes fraud). Because these cases involve a position of trust, the stakes at sentencing can be higher.
THE COURT PROCESS
How your case moves through court in Ontario
Day 1
Arrest and release
Police release you with a court date, or hold you for a bail hearing, which must generally happen within 24 hours.
First court date
First appearance
Your lawyer can usually appear for you by filing a designation, so you may not have to attend.
The following weeks
Disclosure
The Crown must share its evidence, such as police notes, video and statements. We review all of it.
Discussions
Crown pre-trial
We meet the Crown to discuss the evidence, its weak points and possible resolutions.
Narrowing the issues
Judicial pre-trial
In many cases, a judge meets with both sides to narrow the issues and plan the next steps.
The outcome
Resolution or trial
The charge may be withdrawn or resolved, or it goes to trial, where the Crown must prove guilt beyond a reasonable doubt.
Your options
Possible outcomes
Depending on the evidence and your circumstances, outcomes can include:
No conviction
These outcomes end the case without a criminal conviction.WithdrawalThe Crown drops the charge.
The Crown may withdraw the charge if the evidence is weak, or if video and witness accounts do not match.
DiversionComplete a program, then the charge is withdrawn.
For some first-time, lower-value theft charges, the Crown may offer diversion. This can involve steps such as a donation, community work or restitution, followed by a withdrawal. It is not available in every case.
DischargeFound guilty, but no conviction is entered.
If you plead or are found guilty, the court may grant an absolute or conditional discharge under s. 730. A discharge is not a conviction, and the record is removed from the national police database after 1 year (absolute) or 3 years (conditional) without new offences.
Conviction
These outcomes follow a finding of guilt and leave a criminal record.ConvictionThe court enters a conviction and imposes sentence.
If the Crown proves its case, or you plead guilty, the court imposes a sentence. See the penalties above.
Depends on the case
These steps can lead to either result.TrialThe court hears evidence and decides guilt.
If the Crown cannot prove its case beyond a reasonable doubt, you may be acquitted.
Returned property and civil demands
A store, or a lawyer acting for it, may send you a letter demanding money over the incident. That demand is a civil claim, separate from the criminal charge. Paying it does not end the criminal case. The Crown, not the store, decides whether the charge goes ahead. Speak to a lawyer before you pay or reply.
THE CROWN'S VIEW
How the Crown looks at a theft charge
Every theft charge must pass two tests before it goes ahead. There must be a reasonable prospect of conviction, and the case must be in the public interest. Theft cases are a good example of how the public interest test works in practice.
On the public interest side, prosecutors weigh the value, any breach of trust and the person's record. On the evidence, they ask whether the video or witness clearly shows who did it, and whether an intent to steal can be proven. Our lawyer trained at an Ontario Crown Attorney's Office, so we know what can make a prosecutor more willing to divert a file.
For larger thefts, the amount itself can become the issue. The Crown must prove the value was over $5,000 to support the higher charge. Theft over $5,000 carries up to 10 years, which can affect immigration status. See our guide to diversion for theft charges.
Your defence
How we defend theft charges
The taking and the alleged intent - Criminal Code s. 322
Section 322 covers a fraudulent taking or conversion without colour of right, with an intent such as depriving someone of the property even temporarily. Finding an unpaid item in someone’s possession does not answer every part of that test. We compare receipts, checkout records, the sequence of events and your instructions with what the Crown says happened.
Permission and colour of right - Criminal Code s. 322
Permission or an asserted right to the property can require close review. Section 322 expressly includes the requirement that the taking or conversion be without colour of right. We examine ownership records, messages, borrowing arrangements and the information available to you at the time.
Identification and the full recording - Criminal Code s. 322
Video may show a transaction without resolving who carried it out or what occurred before and after it. The evidence still needs to be assessed against the taking or conversion alleged. We check the original footage, time stamps, camera coverage and witness descriptions rather than relying only on selected clips.
Value and workplace records - Criminal Code s. 334
Section 334 distinguishes theft over $5,000 from theft at or below that value and separately addresses a testamentary instrument. In a workplace file, the employer’s total loss figure needs to be compared with the property attributed to the actual charge. We review stock records, audit entries, access by others and any duplicated amounts before assessing that figure.
Police searches and questioning - Charter ss. 8, 10(b) and 24(2)
The Charter protects against unreasonable police searches and provides access to counsel without delay on arrest or detention. We review police notes, video, the sequence involving store security and any statements. Excluding evidence under section 24(2) depends on whether admitting evidence obtained through a breach would bring the administration of justice into disrepute.
Returned property and restitution - Criminal Code ss. 322(2) and 738
Returning property does not itself undo a taking already completed with the required intent. Section 738 separately permits restitution in specified circumstances after a conviction or discharge. We review return receipts, payment demands and release restrictions before advising on any return or repayment proposal.
WHAT TO DO NOW
What to do if you have been charged
- Stay silent. You do not have to explain yourself to police or store security. Ask to speak with a lawyer.
- Do not sign statements or admissions. Get legal advice before signing anything from an employer or store.
- Keep records. Save receipts, bank records, messages and anything showing ownership or permission.
- Follow your release conditions. Stay away from any store, workplace or person you are told to avoid.
- Think about immigration and employment early. Tell your lawyer if you are not a citizen or work in a regulated job.
- Call a lawyer before your first court date. Diversion and other options are often discussed early.
PEEL REGION
Theft charges in Peel Region
In Mississauga and Brampton, Peel Regional Police lay theft charges. Often this happens after store security or an employer reports what happened. The Brampton Crown Attorney's Office then prosecutes the case at the A. Grenville and William Davis Courthouse.
Ontario Crown policy lets many minor charges, including lower-value thefts, go to a community justice program. That is up to the Crown. The Direct Accountability Program is one example, and these programs run in most parts of Ontario. When the program is finished, the charge is withdrawn. The Crown usually looks at whether the property was returned or paid back, and whether the person has taken responsibility. Large thefts, thefts from an employer and repeat offences are less likely to be diverted. Our Brampton courthouse guide explains the local court steps.
BEFORE YOU CALL
Preparing for the first conversation
Your papers (an appearance notice, summons, undertaking or release order) hold most of what we need. Look for these three things.
The charge and the section number, exactly as written.
Your next court date, time and courthouse.
Any conditions, such as no contact or where you must live.
WHY AFTERMATH LAW
A defence you can reach, afford and understand
Call 24/7Including from the police station
Arrests do not only happen during office hours. Call (647) 223-1980 any time, including from a police station. You deal directly with Dildeep Sahi. If he is in court or on another call, he will call you back as soon as he can.
Legal Aid acceptedWe'll help you check if you qualify
We accept Legal Aid Ontario certificates for criminal matters. If you qualify, Legal Aid Ontario may cover the cost of your defence. If you are not sure whether you qualify, we will help you find out.
Flat fees, payment plansAgreed in writing before work starts
Private clients get a clear flat fee for their charge, agreed in writing before work starts, with payment plans available. No surprise invoices.
English, Punjabi, HindiFamily can join, with your consent
Explain what happened in the language you think in. Family members are welcome to join the consultation with your consent.
Trained at an Ontario Crown Attorney's Office
Training at a Crown Attorney's Office gives insight into how the prosecution prepares and reviews a case.
Related pages
See possession of stolen property.
See break and enter charges and motor vehicle theft charges.
LANGUAGES
Consultations in English, Punjabi and Hindi
Speak with Dildeep in English, Punjabi (ਪੰਜਾਬੀ) or Hindi (हिन्दी). Legal Aid Ontario certificates are accepted.
Official sources
8 links
- Criminal Code, s. 322: Theft
- Criminal Code, s. 334: Punishment for theft
- Criminal Code, s. 718.2: Sentencing principles
- Criminal Code, s. 730: Discharges
- Criminal Code, s. 738: Restitution
- Criminal Code, s. 787: Summary conviction punishment
- Immigration and Refugee Protection Act, s. 36
- Canadian Charter of Rights and Freedoms
Next steps
Talk to a lawyer today
If you have been charged with theft or shoplifting, call (647) 223-1980 any time, day or night. Start with a free consultation.
Call 24/7General information only, not legal advice. Contacting Aftermath Law does not create a lawyer-client relationship.
What clients say
Harminder KangGoogle review
Read the full reviewI had a great experience working with Dildeep. He was responsive, professional, and took the time to clearly explain my options at every step. He paid close attention to detail, answered my questions quickly, and made what could have been a stressful process feel simple and manageable. I always felt informed and confident in the advice I was getting. I highly recommend Dildeep to anyone looking for knowledgeable, client-focused legal help.
Randip SinghGoogle review
Read the full reviewWorked with Dildeep and he was extremely professional and helpful. Would recommend as he explains the process well and kept me informed and reassured throughout. Answered my questions and concerns promptly. Thank you again!
Hardeep SainiGoogle review
Read the full reviewDildeep and the team were extremely professional, knowledgeable and helpful throughout. Great communication and excellent service. I would definitely recommend Aftermath Law to anyone looking for a reliable and supportive legal team!
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Read the full reviewHighly recommend Aftermath Law! The team is professional, knowledgeable, and genuinely cares about their clients. They are approachable, responsive, and take the time to explain things clearly
DipanGoogle review
Read the full reviewI highly recommend Dildeep! He is professional, knowledgeable, trustworthy, and truly dedicated to helping his clients.
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Read the full reviewVery professional and caring team, willing to go above and beyond to help with all your needs. Always my first recommendation when someone's in need of help
Questions
Frequently asked questions
Will I get a criminal record for shoplifting?
Not necessarily. Some first-time shoplifting charges may be resolved through diversion and a withdrawal, or through a discharge. Neither of these is a conviction. The outcome depends on the evidence, the value and your background.
What is the difference between theft under and theft over $5,000?
The value of the property sets the penalty range under s. 334. By indictment, theft of $5,000 or less carries a maximum of 2 years. Theft over $5,000 carries a maximum of 10 years.
Can I be charged with theft if I never left the store?
Yes. Under s. 322(2), theft can be complete once you move an item with intent to steal.
Can a theft charge affect my immigration status?
It can. Immigration law treats hybrid offences as indictable, even if prosecuted summarily. Speak with an immigration lawyer as well before deciding how to resolve your case.
My employer accused me of theft. What should I do?
Do not sign any admission or repayment agreement before getting legal advice. Abuse of a position of trust is an aggravating factor at sentencing, so respond carefully.