Theft Under and Over 5000 Lawyer in Brampton
Facing Theft Charges in Ontario? I’m Here to Protect Your Future.
When you are charged with theft of $5000 or more, the consequences can be life-altering. As a Criminal Lawyer in Brampton with more than 10 years of experience, I defend individuals facing both minor and serious theft allegations. I handle every case personally, giving you direct access to an experienced defence lawyer who knows how to navigate the criminal justice system and fight for the best possible outcome.
Call me now for immediate legal advice: (437) 998-1429.
Theft Under and Over 5000 in Ontario
The Criminal Code separates theft offences into two main categories: theft under $5,000 and theft over $5,000. While both are criminal offences, theft over $5000 carries significantly harsher penalties because it is always treated as an indictable offence. Regardless of the value involved, theft charges can result in a permanent criminal record, employment barriers, and potential jail time.
What Is Theft Under $5000?
Theft under $5000 typically applies to lower-value property and is often associated with retail theft, minor workplace theft, or property disputes. It may be prosecuted either summarily or by indictment.
What is Theft Over $5000?
Theft over $5000 involves higher-value property and is prosecuted as an indictable offence. The stakes are significantly higher, and the Crown may seek severe penalties, including incarceration.
Why the Distinction Matters
- Determines whether the charge is summary or indictable
- Impacts sentencing exposure
- Influences eligibility for diversion or withdrawal
- Affects long-term consequences such as immigration and employment
Defences for Theft Under and Over 5000 Charges
The right defence depends on the facts of your case, how the police handled the investigation, and the evidence against you.
Common defences I use include:
Lack of Intent
If you did not intend to deprive the owner of the property permanently, the Crown cannot prove theft.
Mistaken Identity
Many theft allegations rely on video surveillance or unreliable eyewitness testimony. Misidentification is common.
Honest but Mistaken Belief
If you genuinely believed the property was yours or you had permission to take it, this can form a valid defence.
Ownership or Possession Disputes
Property disputes often lead to criminal complaints, even when the situation is civil.
Charter Violations
If police searched you unlawfully, detained you improperly, or breached your rights, evidence may be excluded.
Insufficient or Circumstantial Evidence
The Crown must prove guilt beyond a reasonable doubt. If the evidence is weak or indirect, I challenge its reliability.
Common Situations Leading to Theft Charges
Theft charges can arise from a wide range of everyday situations.
I frequently represent clients accused of:
- Shoplifting and retail theft
- Employee theft or workplace property offences
- Taking property during personal or business disputes
- Being associated with someone else’s actions (joint enterprise)
- Borrowing property believed to be yours or taken with permission
- Misunderstandings involving lost or unattended property
Regardless of the scenario, you should speak with a lawyer before making any statement to police or loss prevention personnel.
Penalties and Consequences for Theft Under $5000
Theft under $5000 may sound minor, but a conviction still carries serious consequences:
- Up to 2 years less a day jail (if prosecuted summarily)
- Fines, probation, and restitution orders
- A permanent criminal record
- Travel restrictions and immigration issues
- Loss of employment or professional licensing
- Difficulty securing future work
In some cases, I may negotiate diversion, withdrawal, or an absolute/conditional discharge, depending on your circumstances.
Penalties and Consequences for Theft Over $5000
Theft over $5000 is always treated as an indictable offence and carries stronger penalties:
- Up to 10 years in prison
- Significant fines and restitution
- Long-term supervision or probation orders
- Permanent criminal record implications
- Barriers to career advancement, border entry, and immigration
Because of the seriousness of this charge, early and strategic legal defence is crucial.
How I Built a Strong Defence Strategy
When you contact me, I take immediate steps to protect your rights and position you for the best possible outcome. My defence process includes:
- Reviewing your charges and the circumstances of the arrest
- Obtaining and analyzing police disclosure in detail
- Challenging surveillance footage, witness statements, and expert evidence
- Exploring resolutions such as withdrawal or diversion
- Preparing a strong trial defence when necessary
- Guiding you through every stage of the court process
You work directly with me from start to finish.
What to Do Immediately After Being Charged
If you have been charged with theft of $5000 or more, taking the right steps early can make a significant difference.
- Do not speak to police beyond exercising your right to silence
- Avoid discussing the incident with anyone
- Do not return to the store or the individual involved
- Collect any evidence that supports your version of events
- Call me immediately to protect your rights and discuss your defence options
Why Clients Throughout Brampton Trust Me for Theft Cases
With over a decade of experience defending theft under and over $5000, I provide strategic, personalized defence for every client.
- 10+ years dedicated to criminal defence
- Extensive experience with theft, property offences, and fraud-related allegations
- I work independently — no junior lawyers or assistants
- Direct, transparent communication
- Strong courtroom advocacy and skilled negotiation
- Proven track record of helping clients avoid criminal records whenever possible
Contact Me for Immediate Representation
Do not face theft charges under or over $5000 alone. Your future, career, and reputation are at stake.
Call me directly at (437) 998-1429 for a confidential consultation. I will guide you through the process, protect your rights, and build the strongest defence possible.
Frequently Asked Questions About Theft Under and Over 5000
Most theft cases take several months to a year, depending on complexity and court timelines.
Diversion is less common for thefts over $5000, but it may still be possible in rare circumstances.
A conviction results in a permanent criminal record, but there are strategies to help you avoid one.
Jail is possible but not guaranteed. Many first-time offenders can avoid incarceration with the right defence.
No. Exercise your right to silence and contact me immediately.
Returning the property does not automatically eliminate the charge, but it may help during negotiations.
Yes. Charges can be withdrawn due to lack of evidence, Charter breaches, or successful negotiations.