Theft under $5000 first offence

Theft happens all the time in Canada but it is nonetheless still a serious criminal offence. Therefore, if you get caught, you will have legitimate concerns about the consequences a theft under $5000 first offence can have on your life.

In Canada, theft is divided between theft over $5000, roughly equivalent to petty theft in the States, and theft over $5,000. As you would expect, the punishment for theft under $5000 is the lesser of the two but a conviction can have long-lasting effects all the same.

What is theft under $5000?

Theft is prohibited under section 322 of the Criminal Code. It encompasses any circumstance where a person takes or deprives, even temporarily, the property of another person or something a person has a special interest in. It applies to shoplifting, however, there is no separate charge known as shoplifting.

This means the law does not differentiate between shoplifting and arguably more harmful forms of theft, such as stealing from a person, family or organisation. As a result, a shoplifting conviction will appear simply as “theft under $5,000” on your criminal record and it can haunt you for life.

Is theft under $5000 an indictable offence?

It depends. Theft under $5000 can be prosecuted either as a summary or an indictable charge depending on the circumstances of the alleged offence and the value of the stolen item(s). For a theft under $5000 first offence, such as a first-time shoplifting charge, it is more likely the Crown will seek a summary conviction.

Will I get a criminal record for a theft under $5000 first offence?

Even if you are charged with a summary offence, it is still a criminal charge so if you are convicted it will appear on your criminal record. If it is your first offence, you have that in your favour. You may be able to convince a judge to give you a lesser punishment such as a small fine and an absolute or conditional discharge.

You might be able to get a conditional discharge, meaning no criminal record, if you agree to complete a restorative justice program, such as community service. A good lawyer can argue that a criminal conviction for a first offence it is not inconsistent with the protection of society and suggest alternative measures that fit the specific case.

In more serious cases, the punishment for theft under $5000 can be up to two years in prison for a summary conviction or up to 10 years for an indictable offence.

What to do if you are charged with theft

A good lawyer can argue that a criminal conviction for a first offence it is not inconsistent with the protection of society and suggest alternative measures that fit the specific case. At Acumen Law, we are experienced at handling theft cases. We have a proven track record of protecting people from the harmful impact a criminal conviction on your future.

If you have been charged with a theft under $5000 offence such as shoplifting, call us now on 604-685-8889.