Theft

What charge is laid in a Theft allegation depends on the value of the item(s) stolen. If the value exceeds $5,000.00 then the charge is Theft Over $5,000.00 otherwise the charge is Theft Under $5,000.00. As values of items are often different to different people it is important to review the allegations and to ascertain that correct value as there is a distinct advantage to keep the charge as a Theft Under.

Additional considerations with these charges include whether the allegations make out a breach of trust situation such as a theft from an employer or family member. Breach of trust situations typically command a greater sentence than a simple theft without a trust relationship being present.

An additional related offence is the Possession of Stolen Property. This charge involves an allegation that an individual had control and possession of an item or items either with the knowledge that they were stolen or while being willfully blind that they were stolen. Crown counsel will often point to deals that were to good to be legitimate as enough to infer that knowledge should have been present.

I have also include the Use of a Stolen Credit Card in this section. The charge itself is self-explanatory however with the rapid increase and attention being spent on the investigation of identity theft crimes it bears mention.

Sentencing

The maximum sentence for Theft offences 10 years in prison however there is no minimum punishment. It is common for thefts involving a breach of trust to result in Jail sentences even for relatively small values.

 

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  DISCLAIMER: The information on this site is not intended as legal advice. If you have a legal problem, you should seek legal advice from a lawyer.

 

Copyright 2009 Brendan Neil

Providing Criminal representation in south central Ontario including; Oakville, Burlington, Milton, Brampton, Mississauga, Hamilton, Toronto, Guelph, Kitchener, Waterloo, Cambridge, and surrounding areas for all Criminal Code and Controlled Drugs and Substances Act Offences

Brendan Neil, Criminal Trial Lawyer, Theft

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