Everyone knows that theft is a serious crime. But most of us feel that stealing a $100 jacket is not the same as stealing valuable cars. So where is the line? When does a small act of theft turn into a big one?
In Canada, theft is divided into two main types: theft over $5000 and theft under $5000. Each type is treated differently under the law. The word “shoplifting” is often used, but it is not a legal term. People usually use it to refer to theft under $5000. However, if you take more than $5000 worth of goods from a store, you will face charges for theft over $5000.
Theft can be of two types: theft over $5000 and theft under $5000. These are different from robbery. Robbery means using force and is looked at more seriously by the courts. Theft is also different from fraud, which is about tricking people.
The punishments for theft under $5000 and over $5000 are affected by a person’s past crimes or records. In this blog, we will focus on how the Canadian legal system handles first-time offenders.
What Type of Offence is Theft Over $5000?
Theft of more than $5000 is labeled as an indictable offence under the Criminal Code. This type of offence is the most serious in Canadian law. Therefore, theft over $5000 is seen as a very serious crime.
So, what happens if you get charged with theft over $5000? You will probably be arrested right away. Within twenty-four hours, you will have a bail hearing. This hearing will decide if you can go free while you wait for your trial.
Given how serious the crime is, people charged with theft over $5000 probably will not get bail. However, there are some situations where they might. This is why it’s important to have a Toronto theft lawyer with you at your bail hearing.
In many theft cases involving over $5000 in Canada, the court might look at many charges. These can include fraud or robbery too. This can make your defence more difficult. Since theft over $5000 is a serious crime, you may have a choice for a trial by jury. This can help in some situations. However, it is best to discuss this with your lawyer.
When a judge decides on a theft case over $5000, they have some freedom to choose the sentence. The longest term is ten years in prison. However, several factors can affect theft charges in Ontario. For example, age can matter when deciding the sentence. A young person who has never committed a crime before will probably not receive as harsh a sentence as an older person with a past of impaired driving or assault.
This is why having a good legal defense is important. Even if you do not get fully cleared, the charges may be lessened. The judge might choose to go ahead with only some charges. This can really change your sentencing. It could help shorten the time you need to serve.
If you are facing theft charges over $5000, Jeff Reisman Law can help you create a strong legal plan. They will also help you decide what to do next with your case.
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What Type of Offence is Theft Under 5000?
Theft under $5000 is different from theft over $5000. It is a type of crime that allows judges to choose how to handle it. They can treat it as either a serious charge or a less serious one when dealing with it in court.
- Indictable Offence: If the judge sees theft under $5000 as an indictable offence, you will go through a process like the one for theft over $5000. You might be able to choose a trial by jury.
- Summary Offence: Theft under $5000 is a summary offence. It is usually a minor crime. This is often the case for small thefts, especially when the person is young and has no previous criminal record.
Theft under $5000 happens often in Canada. In the Greater Toronto Area, the usual types of theft under $5000 that go to court include:
- Shoplifting
- Taking from a workplace
- Stealing packages from doorsteps
- Gas theft
- Taking from locker rooms
What happens if you are charged with theft under $5000? Theft under $5000 is seen as a less serious crime. This means it is usually easier to get bail. However, bail is not guaranteed. That is why you should contact Toronto criminal lawyers. They can help you at your bail hearing.
At your first trial date, the court will choose how to handle the charge. You will get a chance to say if you are guilty or not guilty. In Canada, theft under $5000 can lead to jail time. It may also keep you from traveling abroad. Because of this, it is smart to contest the charges.
Sentencing for theft under $5000 is a lot easier. The maximum time you could spend in prison is two years. If you get a summary conviction for this type of theft, the judge can give you a choice. He can either give you an absolute discharge or a conditional discharge. This means you won’t have a criminal record.
Whether you have been charged with theft of more than $5000 or less, you will need a good criminal lawyer. They will help you understand the legal system and create a defence plan.
In Canada, fighting a theft charge over $5000 is tougher than for theft under $5000. However, you can still prove your innocence or get the charges lessened. So, call Jeff Reisman Law today. You will get expert legal help and an attorney who will work hard for you to help you reach a not guilty verdict.