Theft & Property Crimes
Property crimes range from shoplifting to home invasion. The defence is rarely the same — the discipline is.
- 30 yearsCriminal defence practice in Ontario
- Called 1997Bar of Ontario
- LSO #51731AVerify on the LSO directory
- All courtsThrough the Court of Appeal for Ontario
- 24/7Personal intake · (416) 599-1900
Do I need a theft lawyer in Toronto for a shoplifting charge?
Usually, yes. A theft lawyer in Toronto can often have a first shoplifting or theft-under charge diverted and withdrawn so no conviction is recorded, and can test intent and identification where the facts are disputed. Aaron M. Spektor, a Toronto criminal defence lawyer with 30 years of experience, handles every file personally. Even a low-value theft can affect travel, immigration and employment, so it is worth getting advice before your first appearance.
Answer by Aaron M. Spektor, criminal defence lawyer · LSO #51731A · called to the Bar of Ontario in 1997
- Charge
- Theft, Criminal Code ss. 322 and 334
- Max penalty
- 10 yrs over $5,000; 2 yrs under $5,000
- Where heard
- Toronto Courthouse, 10 Armoury St
- Your lawyer
- Aaron M. Spektor · LSO #51731A · 30 years
What this practice is, and is not.
Theft and property-crime prosecutions cover an enormous range — from theft-under matters to home-invasion and armed-robbery files carrying lengthy custodial exposure. What ties them together is the centrality of identification, possession, and intent.
Aaron M. Spektor defends property-crime files at every level of severity. For lower-end matters, the focus is usually on diversion, peace bonds, and resolutions that avoid a criminal record. For serious property crimes, the work is full trial defence: surveillance evidence, eyewitness identification, DNA, and the chain of inferences the Crown asks the trier of fact to draw.
Property files often resolve favourably because the underlying evidence — particularly identification and possession-with-knowledge — is weaker than the police narrative suggests. Identification cases in particular are vulnerable to careful cross-examination and Charter motions on the lineup procedure.
Property offences run from theft under and over $5,000 and shoplifting to possession of stolen property, break and enter, and robbery. The value, the presence of any force or threat, and whether a dwelling was involved all change the seriousness of the charge and the range of outcomes.
Aaron M. Spektor defends theft and property charges across the GTA, securing diversion for eligible first offenders and testing intent, identity, and the Charter issues in more serious break-and-enter and robbery files.
Representative engagements.
- 01
Theft Under $5,000 (s. 334(b))
Shoplifting, employment-related theft, and lower-value property charges — typically diverted or resolved short of a record.
- 02
Theft Over $5,000 (s. 334(a))
Indictable matters including vehicle theft, commercial theft, and breach-of-trust theft from an employer.
- 03
Possession of Property Obtained by Crime (s. 354)
Charges turning on knowledge — defended on whether the accused knew or wilfully shut their eyes to the property's origin.
- 04
Break and Enter (s. 348)
Residential and commercial break-and-enter charges, including the related home-invasion aggravations.
- 05
Robbery (s. 343)
Robbery prosecutions, including the use-of-firearm and use-of-violence variants — defended on identification, intent, and force.
- 06
Identification Defence
Eyewitness cross-examination, photo-lineup challenges, and Charter motions on suggestive identification procedures.
How we work this practice.
- 1
Identify the strongest issue.
Most property cases reduce to identification, possession-with-knowledge, or intent. Defence focuses on the issue most likely to create reasonable doubt.
- 2
Audit the identification procedure.
Photo lineups, in-person lineups, and show-up identifications are heavily regulated by appellate authority. Many do not survive scrutiny.
- 3
Pursue diversion for first-offender theft files.
Direct-accountability and similar programs commonly result in withdrawal with no record for qualifying clients.
- 4
Try the serious cases.
Break-and-enter and robbery prosecutions deserve full trial defence — and they get it.
Theft Lawyer Toronto: Intent, Store Evidence and Hidden Costs
What the Crown must prove
Theft is defined in section 322. The Crown must prove that you took or converted property fraudulently and without colour of right, intending to deprive the owner of it, even temporarily. “Colour of right” — an honest belief that you were legally entitled to the item — is a complete defence even if the belief was mistaken, and it often arises in disputes with former partners, roommates or employers over who owns what. Genuine absent-minded mistakes, such as leaving with an item forgotten in a cart, can also negate intent. Where the value is close to $5,000, how it is measured — retail price, resale value or replacement cost — can change which charge applies.
How retail theft cases are built
In store cases, loss-prevention staff make a citizen’s arrest, write a report and save selected CCTV clips before Toronto Police attend. The footage kept may not show the whole visit, and the notes are often written after the fact. We request the complete video and the store’s retention records. Separately, many retailers send a “civil demand” letter seeking payment. That is a civil claim, not part of the criminal case, and it should be discussed with counsel before you respond.
Sentencing options
Theft under $5,000 and theft over $5,000 both remain eligible for absolute or conditional discharges, because neither carries a minimum penalty or a fourteen-year maximum. Conditional sentences are also legally available. Where diversion is not offered, a well-prepared discharge submission — restitution, counselling and character evidence — is often the realistic goal. Our guide to theft under $5,000 in Ontario explains the record implications.
Collateral consequences
US border officers generally treat theft as a crime involving moral turpitude, so even a minor conviction can complicate entry to the United States. Theft over $5,000 carries a ten-year maximum, which makes it serious criminality for a permanent resident. Retail, banking and caregiving employers screen closely for dishonesty offences. Robbery and break-and-enter carry far higher maximums and are defended differently. Where the allegation involves deception rather than taking, see our fraud defence page.
The legislation behind a theft & property crimes charge.
Official text on the federal and Ontario legislation websites. Aaron M. Spektor reviews this page against the current law.
Things clients ask before retaining us.
If yours is not on this list, please ask. We answer every intake inquiry personally.
I got caught shoplifting. What happens next?
First-offence retail theft is frequently resolvable through direct-accountability programs, which result in the charge being withdrawn with no criminal record on successful completion. Whether you qualify and which path to pursue depends on the specifics. We assess at intake.
I didn't know the property was stolen.
Lack of knowledge is the defence to a possession-of-stolen-property charge. The Crown must prove either actual knowledge or wilful blindness. Many of these charges fail on the knowledge element when defence frames the issue carefully.
How serious is a break-and-enter charge?
Break and enter into a dwelling-house carries a maximum of life imprisonment under s. 348(1)(d). In practice, sentences vary widely by circumstance. Many B&E charges are also vulnerable to identification, intent-on-entry, or DNA defences depending on the evidence.
Can a robbery charge be reduced to a theft?
Sometimes — particularly where the force element of robbery is contestable. Robbery requires more than the taking; it requires force or threat used to overcome resistance or facilitate the taking. We assess at the outset whether reduction is realistic.
Is shoplifting a criminal offence in Ontario?
Yes — shoplifting is prosecuted as theft under $5,000, a genuine criminal charge that can leave a permanent record. Many first-time matters can be diverted so the charge is withdrawn without a conviction.
Can a first-time theft charge be diverted?
Often, yes. For low-value, first-time theft, Crowns frequently agree to a diversion program — such as a donation, community service, or a short accountability measure — after which the charge is withdrawn and no conviction is registered.
What is the penalty for break and enter?
Break and enter into a dwelling is a serious indictable offence carrying a maximum of life imprisonment, though actual sentences vary widely with the facts and the record. These cases often turn on identity and the lawfulness of the police investigation.
What is the penalty for theft over $5,000 in Canada?
Theft over $5,000 under section 334 of the Criminal Code is a hybrid offence carrying up to 10 years’ imprisonment if prosecuted by indictment, or up to two years less a day summarily. There is no mandatory minimum. Sentencing depends on the amount, the planning involved, any breach of trust, whether the property was recovered and whether restitution has been made. Repayment before sentencing is often one of the strongest mitigating factors.
What are the penalties for car theft in Canada in 2026?
Motor vehicle theft under section 333.1 of the Criminal Code carries up to 10 years on indictment, with a mandatory minimum of six months for a third or subsequent offence. Since 2024, stealing a vehicle using violence or threats, or for a criminal organization, carries up to 14 years, and violent vehicle theft is now a reverse-onus offence at bail. With the focus on auto theft across the GTA, these charges are prosecuted aggressively and need an early defence strategy.
Do I have to pay a store’s civil demand letter after shoplifting in Ontario?
A civil demand letter is a separate claim from the criminal charge — paying it does not make the charge go away, and declining to pay is not a crime. Whether to respond depends on your circumstances and the amount claimed. Don’t admit anything in writing before getting legal advice, because statements to the store can be used in the criminal case. Restitution is often better arranged as part of resolving the criminal charge.
What is the sentence for robbery in Canada?
Robbery under section 344 of the Criminal Code is a straight indictable offence with a maximum of life imprisonment. Mandatory minimums apply only where a restricted or prohibited firearm is used, or any firearm is used for a criminal organization: five years for a first offence and seven for a repeat. Otherwise, sentences turn on the level of violence, any weapon, planning, the accused’s background and prospects for rehabilitation. Aaron M. Spektor challenges identification and intent evidence closely.
Results in theft & property crimes matters.
Selected, anonymized outcomes. Past results do not guarantee a similar outcome — every matter is assessed on its own facts.
Plain-language guides from Aaron.
Written and legally reviewed by Aaron M. Spektor, with links to the governing legislation.
Shoplifting & Theft Under $5,000 in Ontario: Penalties and Your Record (2026)
Read the guide Criminal Records · 7 min readAbsolute vs. Conditional Discharge in Canada: What Happens to Your Record (2026)
Read the guide Criminal Records · 6 min readHow to Get a Criminal Record Suspension (Pardon) in Canada (2026)
Read the guideSchedule a confidential consultation.
Aaron reviews every inquiry personally and responds within one business day — typically sooner.
Other charges Aaron defends.
Spektor Law handles 16 distinct categories of criminal and quasi-criminal offences. View the complete list →
Impaired Driving / DUI
Over 80, Refusal, Care or Control — and the Charter motions that win them.
Learn more 02Assault
Simple assault, assault causing bodily harm, aggravated assault, assault with a weapon.
Learn more 03Domestic Assault
Charges where the complainant is a spouse, partner, or family member — and the bail conditions that follow.
Learn more 04Sexual Offences
Sexual assault, invitation to sexual touching, sexual exploitation, child-related offences.
Learn more