Theft charges can have serious consequences, affecting your future job prospects, reputation, and freedom. Understanding the nuances of theft charges and securing experienced legal representation is crucial if you are facing such allegations.
What is Theft?
Theft is defined as the intentional taking of someone else’s property without their consent. Under Canadian law, theft charges are categorized based on the value of the stolen property:
- Theft Under $5,000:
- Summary Conviction: If prosecuted summarily, the maximum sentence is 6 months in jail and/or a fine of up to $5,000.
- Indictable Offense: If prosecuted by indictment, the maximum penalty is 2 years in prison.
- Theft Over $5,000:
- Always prosecuted by indictment, with a maximum penalty of 10 years in prison.
Key Elements of Theft:
- Intent: The intention to deprive the owner of the property.
- Without Consent: Taking the property without the owner’s permission.
Penalties for Theft
The penalties for theft vary depending on the value of the stolen property and the circumstances of the offense.
Theft Under $5,000:
- Summary Conviction: Up to 6 months in jail and/or a fine of up to $5,000.
- Indictable Offense: Up to 2 years in prison.
Theft Over $5,000:
- Up to 10 years in prison.
Theft from an Employer:
- Theft involving a breach of trust (e.g., by an employee) is viewed particularly harshly by the courts. Penalties can include:
- Jail terms, especially for substantial sums.
- House arrest or probation, particularly if restitution is made.
- Potentially more lenient sentences if there are mitigating factors such as addiction issues.
Defending Theft Charges
A strong legal defense can significantly impact the outcome of a theft charge. Key defense strategies include:
- Challenging the Evidence: Scrutinizing the prosecution’s evidence to identify inconsistencies or lack of proof.
- Lack of Intent: Arguing that there was no intent to steal, such as believing the property was a gift or abandoned.
- Mistaken Identity: Demonstrating that the accused was not the person who committed the theft.
- Absence of Property: Proving that there was no actual loss of property, as in cases where the stolen items are not proven to exist.
- Reasonable Doubt: Establishing reasonable doubt regarding the accused’s involvement in the theft.
Importance of Legal Representation
Facing theft charges requires the expertise of a seasoned criminal defense lawyer such as Gary Batasar. He can help you understand your rights, build a robust defense, and represent you effectively in court.
Why Choose Gary Batasar:
- Expertise: Gary Batasar has extensive experience in defending theft cases.
- Client-Centered Approach: He prioritizes the clients’ needs and provide flexible payment plans, no hidden fees, and 24/7 availability.
- Comprehensive Defense: He works closely with you to develop the best possible defense strategy.
Contact Gary Batasar: If you or a loved one is facing theft charges, do not face this challenge alone. Contact experienced Theft Defense Lawyer Gary Batasar immediately for a consultation. We are committed to providing the best legal representation and ensuring your rights are protected.