Theft

Theft charges in Toronto

Theft cases need careful preparation and scrutiny. In some cases, a person may have simply forgotten to pay because they were distracted, and it is our job to prove that.

The two categories of theft

• Theft over $5,000: an indictable offence that can result in up to 10 years in prison.
• Theft under $5,000: the Crown may proceed by indictment, with up to two years in prison, or by summary conviction, with up to six months in prison and/or a maximum fine of $5,000.

What the court considers at sentencing

• the amount stolen
• the offender's age and personal circumstances
• the degree of trust involved
• the level of sophistication

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Comprehensive defense for theft charges

A theft conviction can significantly reduce your employment opportunities. Sourena Sarbazevatan will analyze the details of your case, gather evidence, and develop a defense strategy tailored to you, guiding you through every step from pre-trial negotiations to court appearances. Skilled representation improves your chances of a favorable outcome and helps minimize the potential consequences of a theft charge.

Common types of theft charges

Theft charges arise in many everyday situations. Some of the most common include shoplifting from a store, theft of property or services, theft by an employee or someone in a position of trust, and the theft of a motor vehicle. Related charges such as possession of property obtained by crime are often laid at the same time. The value of what was allegedly taken decides whether you face a theft over $5,000 or a theft under $5,000 charge, and that classification shapes the entire case.

Defences to a theft charge

To convict, the Crown must prove that you intentionally took property that did not belong to you, without any right to it. That opens several avenues of defence, including an honest but mistaken belief that the property was yours, a lack of intent, or a genuine mistake such as forgetting to pay. In other cases the issue is identity or unreliable evidence, for example poor-quality surveillance footage. Making restitution can sometimes help resolve a matter, but you should always speak with a lawyer first, as it can be treated as an admission.

What the Crown must prove

To secure a conviction for theft, the Crown must prove several elements beyond a reasonable doubt: that property was taken or converted, that it belonged to someone else, that you had no legal right to it, and, crucially, that you intended to deprive the owner of it. The requirement to prove intent is very often where a case is won or lost. A distracted shopper who leaves without paying, a co-owner who believed they were entitled to an item, or an employee acting on a genuine misunderstanding may all lack the guilty intent the law requires. We examine each element closely to find where the Crown's proof falls short.

The court process for a theft charge

Most theft matters begin in the Ontario Court of Justice. After you are charged, the Crown must provide disclosure, the evidence it intends to rely on, which your lawyer reviews in detail. From there, a case may resolve through negotiation with the Crown, proceed to a trial where the evidence is tested, or be resolved on terms that protect your record. Understanding each stage, and knowing what to say and, just as importantly, what not to say to police in the meantime, is essential. It is one of the main reasons that speaking with a lawyer early so often changes the outcome.

Consequences beyond the courtroom

The impact of a theft charge often reaches far beyond any fine or jail term. A criminal record for an offence of dishonesty can be especially damaging, because it signals to employers, landlords, and licensing bodies that trust may be an issue. It can block work in finance, retail, health care, and any role that involves handling money or sensitive information, complicate travel to the United States and other countries, and create serious problems for anyone with immigration status in Canada. Protecting your record is often just as important as avoiding jail, and it shapes the strategy from day one.

Shoplifting and first-time offences

Many theft charges, particularly shoplifting, involve people with no prior record who acted out of stress, distraction, or a momentary lapse in judgment. In the right circumstances there may be options short of a criminal conviction, such as a diversion program, a peace bond, or a resolution that avoids a permanent record. These options are not automatic, and how the case is presented to the Crown from the very beginning can make the difference. Sourena Sarbazevatan works to position first-time and lower-level matters for the best possible outcome.

Why choose Sarbazevatan Law

Sourena Sarbazevatan brings careful preparation, a strong record of results, and a genuine understanding of what a theft charge means for your future. He serves the Iranian and Persian communities, with consultations in Persian as well as English, so nothing is lost in translation at a stressful time. From the first phone call through to the resolution of your case, the focus stays on protecting your record, your reputation, and your peace of mind.

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