Theft Offences
Strategic Defence Against Property-Related Charges
Facing a theft charge in Canada can have serious implications, affecting not only your freedom but also your reputation and future opportunities. At Nihang Law, we provide experienced legal representation to individuals accused of theft, ensuring that your rights are protected throughout the legal process.
Understanding Theft Charges
Under the Criminal Code of Canada, theft is defined as taking someone else’s property with the intent to deprive the owner of it, either temporarily or permanently. The law categorizes theft offences primarily based on the value of the property involved:
- Theft Under $5,000: This is a hybrid offence, meaning it can be prosecuted either summarily or by indictment. A conviction can result in up to two years of imprisonment.
- Theft Over $5,000: This is an indictable offence, carrying a maximum penalty of up to ten years in prison.
Additionally, specific theft-related offences exist, such as theft of a motor vehicle, which may carry distinct penalties.
Potential Consequences
A conviction for theft can lead to various consequences beyond incarceration:
- Criminal Record: A permanent mark that can affect employment, travel, and other aspects of life.
- Restitution Orders: Courts may order repayment to the victim for the value of the stolen property.
- Fines and Probation: Depending on the case, fines or probationary periods may be imposed.
- Impact on Immigration Status: For non-citizens, a theft conviction can have serious immigration consequences, including deportation.
Defence Strategies
At Nihang Law, we analyze the specifics of each case to develop a tailored defence strategy. Potential defences against theft charges include:
- Factual Innocence: Demonstrating that the accused did not commit the alleged act.
- Colour of Right: Arguing that the accused had a legal right or honest belief in their right to the property.
- Honest but Mistaken Belief: Establishing that the accused genuinely believed they had permission or ownership of the property.
- Charter Rights Violations: If law enforcement violated the accused’s rights during the investigation or arrest, certain evidence may be excluded.
Why Choose Nihang Law?
Nihang Law is committed to providing personalized, strategic defence for clients facing theft charges. We understand the nuances of theft cases and work diligently to protect your rights and achieve the best possible outcome.
Contact us today for a confidential consultation.