Protect Your Rights

Theft & Shoplifting Defence Lawyer in Brampton

You never planned for this—being charged with theft or shoplifting. One mistake or bad day shouldn’t define your life. In Brampton and Peel Region, people from all walks of life face these charges. What matters now is how you respond. With the right defence, you can protect your future and restore your reputation.

What Is Theft Under Canadian Law?

Theft occurs when someone intentionally takes another person’s property without permission, planning to deprive the owner of it. The value of the stolen item(s) determines how the law treats the case:

1. Theft Under $5,000:

  • Summary offence: Up to 6 months in jail or a $5,000 fine
  • Indictable offence: Up to 2 years in prison

2. Theft Over $5,000:

  • Always indictable, with a maximum penalty of 10 years in prison
Even items of seemingly small value, like groceries or clothing, can trigger serious legal consequences if intent is proven.

Special Situation: Theft From Employer

If your employer accuses you, the stakes are higher:
  • Intent: The intention to deprive the owner of the property.
  • Without Consent: Taking the property without the owner’s permission.
Many employees are shocked to discover how quickly minor workplace misunderstandings turn into criminal allegations.

Why Theft Charges Matter

Even a summary conviction leaves a criminal record that can:
  • Ruin job and volunteer opportunities
  • Affect travel plans and professional licenses
  • Impact immigration applications or custody arrangements
You may also lose your eligibility for housing, academic programs, or bonding in certain trades. Don’t let one mistake haunt you forever. Early defence is key.

Common Defence Strategies

A strong defence often uses multiple approaches:

1. Challenge Intent

  • Did you intend to steal, or was it an honest mistake?
  • Maybe you thought an item was free, abandoned, or a gift.

2. Mistaken Identity

  • Were you misidentified by a security guard or witness?
  • Footage or receipts may prove you weren’t involved.

3. No Property Taken

  • The prosecution must show you actually removed or concealed the item, not just touched it.

4. Reasonable Doubt

  • Any uncertainty in evidence—surveillance footage, witness testimony—can lead to dismissal.

5. Plea Negotiation

  • A respectful apology and payment or counselling may persuade the Crown to reduce or drop charges.

How the Process Works

1. First Appearance/Bail Hearing
  • Sometimes you’re released immediately; other times, strict bail terms may apply.

2. Disclosure Review

  • We examine all evidence—photos, loss-prevention notes, body-cam footage.

3. Strategy Development

  • We choose defences that suit your story and the charges.

4. Negotiations or Trial

  • We may negotiate for a lesser charge or prepare to show reasonable doubt in court.

5. Outcome and Sentencing

  • Even if convicted, we advocate for minimal impact—short sentences, no jail, or suspended sentences when suitable.

Real-Life Examples

1. Wrong Wallet Mixup

Someone grabbed the wrong bag, and security accused them of shoplifting. Claim dropped when CCTV showed the swap and immediate return.

2. Misinterpreted Help

A person discreetly carried clothes to try on later. A misunderstanding led to charges that were dismissed with video evidence.

3. Employer Theft Misunderstanding

An employee paid for an item while grabbing it but forgot the receipt. We showed motive and honesty, sparing them a criminal record.

4. Impulse Borrowing

A teenager grabbed snacks in a panic. Restitution and apology resulted in a first-time offender plea and no record.

5. Mental Health or Substance Struggles

Many thefts arise from untreated issues. We guide clients toward rehabilitation, using that progress to reduce or withdraw charges.

Why Early Legal Representation Matters

1. Stop Harmful Statements

What you say at the scene or to police can affect your case drastically.

2. Preserve Evidence

CCTV footage is often deleted quickly. Acting fast helps us gather proof.

3. Negotiate Early

First impressions matter—the Crown may reduce charges if the case is strong.

4. Protect Immigration Status

Theft charges can derail permanent residency and citizenship applications.

FAQ — Theft & Shoplifting in Brampton

Can theft charges be dropped?
Yes. Weak evidence or misidentification often leads to withdrawal or dismissal.
Not always. First-time offenders may receive conditional discharges without a permanent record.
It can be a summary or indictable charge. Summary offences have lighter consequences.
Often restitution is part of sentencing, but not always mandatory.
Only if the value is high or circumstances are serious. First-time offenders rarely face jail for minor shoplifting.
Impulse isn’t the same as intent. Counselling, remorse, and restitution can help.
Yes—especially in sensitive sectors like finance, healthcare, or handling valuables.
Summary matters may wrap up in months. Indictable cases can take longer, depending on court schedules.

Call Us for Trusted Defence

If you’re facing theft or shoplifting charges in Brampton, act now. Evidence fades and mistakes compound. You’re more than a charge—you deserve to move forward with dignity and purpose.
Contact Gary Batasar