Defending against theft charges in Toronto requires a strategic understanding of legal defenses under Canadian law. Criminal lawyers understand statutes and sentencing factors to achieve the best possible outcome for your case.
Being charged with theft in Toronto may be a very overwhelming experience, given that the laws in Canada are harsh. Knowing your rights and the legal defenses available to fight these charges. Hiring the services of a criminal lawyer means you can work with someone with adequate experience to enable one to maneuver around the legal system to ensure that they use the relevant statutes to ensure that one’s future is safeguarded.
Legal Defenses
In Canada, theft is covered under Section 322 of the Canadian Criminal Code. For the Crown to obtain a conviction, they have to prove that beyond a reasonable doubt, you took or converted property with intent to deprive the owner of it. Several legal defenses may be available to you depending on your particular circumstances.
You Have Reasonable Belief The Item Was Abandoned
If you can prove that you had no legal claim to ownership of the property, the theft charge may not hold up. Criminal lawyers in Toronto commonly use this defense to find out who owns the property and any paperwork. For instance, if you prove that you were unaware that the property belonged to another person or that you thought that no one was using it, this may work in your favour.
No “Colour Of Right”
Under the provisions of Section 429(2) of the Criminal Code, this is where you should prove that there was an honest, though mistaken, belief you had a legal right. This may be due to a misunderstanding or an informal arrangement between the two in the past. For instance, if you took the property intending to own it because of a loan or misunderstanding the ownership, this defense could eliminate the criminal objective needed for a theft conviction.
No Intent to Steal
Section 322(1)(b) states that to convict you, the Crown must establish that you intend to permanently deprive the property owner. If your theft lawyer in Toronto can prove that there was no intention of stealing, for example, whereby the items were taken temporarily or with the intention of returning the item/s, then the theft charge can be defended. This defense is based on the presence of different mental states at the time of the alleged offense and, more importantly, the absence of the intention to commit a crime.
Factors That Affect Sentencing
Under Canadian law, various factors can determine the sentence that is to be given in the event that one is convicted of theft.
- Value Of Stolen Property
According to Criminal Code Section 334(a), if the value of the property is more than $5,000, it becomes an indictable offence with a maximum penalty of up to 10 years. If the amount involved is less than $5,000, the prosecution is summary, and the maximum period of imprisonment is two years less a day. Your theft lawyer in Toronto may seek to have you charged with a less severe offense or plead extenuating circumstances that would make the theft look less so. - Age Of The Offender
Youth Criminal Justice Act (YCJA) allows children and minors under 18 years to be handled more leniently than adults, with the main aim of rehabilitating rather than punishing them. Nevertheless, the latter may also be helpful for young adults over the age of 18 to refer to the promise of youth and the ability to rehabilitate. Your age may also be considered, and there is a chance that the court will consider your youth if this is your first time getting charged. - Lack Of Prior Criminal History
Section 718. Sections 2(d) and (e) of the Criminal Code urge courts to consider all the circumstances and lean away from the imprisonment of Indigenous peoples, people of color, or any individuals who are disadvantaged by the system. A theft lawyer can convince a court that a soft punishment should be imposed.
Hire a skilled criminal lawyer to navigate the legal challenges of defending a theft allegation in Canada. Whether by disputing ownership, questioning the intent to steal, or highlighting mitigating factors, your lawyer will be your best advocate in securing a fair outcome and protecting your future.
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Ryan Thorne 