Theft Lawyer Toronto

What Is Theft Under Ontario Law? 

Theft is defined under Section 322 of the Criminal Code of Canada as intentionally taking or converting another person’s property without permission. Theft charges can vary based on the value of the property stolen and the circumstances of the crime. 

Common Theft Offenses 

1. Theft Under $5,000: Taking property valued at less than $5,000 without consent. 
2. Theft Over $5,000: Stealing property worth more than $5,000, which carries harsher penalties. 
3. Shoplifting: Stealing items from retail stores, often charged as theft under $5,000. 
4. Auto Theft: Stealing a vehicle, which may also lead to additional criminal charges. 
5. Identity Theft: Using another person’s identity for financial gain. 
6. Possession of Stolen Property: Having stolen goods in your possession, even if you did not steal them yourself. 
7. Employee Theft: Stealing money, goods, or property from an employer. 
8. Theft by Fraud: Using deception to unlawfully take property or money. 

Your Rights When Facing Theft Charges 

If you are charged with theft, you have important legal rights, including: 

• Presumption of Innocence: You are innocent until proven guilty beyond a reasonable doubt. 

• Right to Legal Representation: You have the right to consult with a lawyer before making any statements. 

• Right to Remain Silent: You are not required to answer police questions beyond providing basic identification. 

• Right to a Fair Trial: You can challenge the charges, present evidence, and cross-examine witnesses. 

Why Choose Kozyrev Law P.C. for Theft Cases? 

Extensive Experience in Criminal Defense 

Our legal team has successfully defended individuals facing theft-related charges in Toronto. We understand the nuances of theft law and the best strategies to fight these allegations. 

Personalized Defense Strategies 

We develop customized defense strategies based on factors such as: 

• Whether the accused had intent to steal. 

• Whether the property in question was mistakenly taken. 

• The credibility of witnesses or surveillance evidence. 

• Any violations of your rights during the investigation or arrest. 

Thorough Investigations 

We conduct a detailed review of your case, including: 

• Examining police reports and security footage. 

• Reviewing witness statements and forensic evidence. 

• Investigating any potential misidentifications or misunderstandings. 

Aggressive Court Representation 

Whether negotiating with prosecutors or representing you in court, we fight aggressively to protect your rights and seek the best possible outcome for your case. 

Steps in Handling a Theft Case 

Step 1: Free Consultation 

During your free consultation, we will: 

• Review the charges against you. 

• Assess potential defense strategies. 

• Provide a clear roadmap for your case. 

Step 2: Evidence Gathering 

Our team will collect and analyze key evidence, including: 

• Police reports and surveillance footage. 

• Witness statements and forensic evidence. 

• Any procedural errors or rights violations. 

Step 3: Pre-Trial Negotiations 

We will negotiate with the prosecution to seek a reduction or dismissal of charges whenever possible. 

Step 4: Trial Representation 

If your case goes to trial, our experienced lawyers will build a strong defense, challenge the prosecution’s evidence, and advocate for your best interests. 

Challenges in Theft Cases 

Lack of Intent or Misinterpretation 

The prosecution must prove that the accused knowingly and intentionally took property without permission. We challenge their case by: 

• Demonstrating that the alleged theft was accidental or a misunderstanding. 

• Providing evidence that the accused had permission to use the property. 

• Highlighting inconsistencies in witness testimony or security footage. 

False Accusations 

Theft accusations may arise from: 

• Workplace disputes or financial disagreements. 

• Mistaken identity in crowded or unclear situations. 

• Retail security errors or wrongful detainment in shoplifting cases. 

We work to expose false accusations by presenting evidence that contradicts the prosecution’s case. 

Violation of Rights 

If law enforcement violated your Charter Rights, such as conducting an unlawful search, detaining you without reason, or failing to provide legal counsel, we can argue for the exclusion of evidence or case dismissal. 

Frequently Asked Questions About Theft Cases 

What Are the Penalties for Theft in Ontario?

Penalties depend on the severity of the offense and prior criminal history, and may include: 

• Theft Under $5,000: Up to 2 years in jail if prosecuted as an indictable offense. 

• Theft Over $5,000: Up to 10 years in prison. 

• Additional Consequences: Fines, probation, community service, and a criminal record. 

Can Theft Charges Be Dropped?

Yes, charges may be withdrawn or dismissed if: 

• There is insufficient evidence to support the charges. 

• The prosecution determines there is no reasonable prospect of conviction. 

• The accused was wrongfully identified or falsely accused. 

What Should I Do If I Am Arrested for Theft?

• Remain Silent: Do not make statements to the police without a lawyer present. 

• Request a Lawyer: Contact an experienced criminal defense lawyer immediately. 

• Avoid Discussing the Case: Do not talk about the allegations with anyone, including online. 

Can Video Surveillance Be Used as Evidence in a Theft Case?

Yes, security camera footage and other digital evidence can be used in court. We analyze all available evidence to build a strong defense and challenge any misleading or unclear recordings. 

Protecting Your Rights in a Theft Case 

1. Seek Legal Counsel Immediately: Contact a lawyer as soon as possible to protect your rights. 
2. Preserve All Evidence: Collect and safeguard any documentation related to your case. 
3. Avoid Self-Incrimination: Refrain from discussing your case with anyone other than your lawyer. 
4. Follow Legal Procedures: Adhere to court orders and deadlines to avoid additional penalties. 

Contact Kozyrev Law P.C. Today 

If you are facing theft charges in Toronto, Kozyrev Law P.C. is here to help. Our experienced legal team will fight to protect your rights and provide strong, compassionate support every step of the way. 

Phone: (416) 900-0933 

Email: info@kozyrevlaw.ca 

Location: Serving clients across Toronto and the Greater Toronto Area 

Take the first step toward defending your freedom. Contact Kozyrev Law P.C. today for a free consultation and let us help you through this challenging time.