Did You Just Get Charged For Theft?
It’s a very reasonable response to panic in the face of a theft charge. For one thing, there might be some extreme consequences to every facet of your life.
What is a theft charge exactly? Theft is the action of taking another individual’s property or services or without that person’s permission or consent with the intent to deprive the rightful owner of that property.
Is a Criminal Offence - Act Fast and Get The Defence You Deserve
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Types of Theft charges
Larceny
Larceny is a crime involving the intention to take or steal personal property of another person or business.
For larceny to occur, three conditions must be met:
- (1) The goods must be removed from the possession of another without the owner’s consent
- (2) The goods must not only be taken but also “carried away,” in movement of the entire object
- (3) There must be an intention to steal, which is ordinarily defined as an intention to deprive the owner permanently of his property. The unauthorized borrowing of another’s property is not larceny if there is an intent to return the property.
Examples of larceny include: Thefts of bicycles,motor vehicle parts and accessories, shoplifting, pocket-picking, or the stealing of any property or article that is not taken by force and violence or by fraud.
Robbery
343 Everyone who commits a robbery
- (a) steals, and for the purpose of extorting whatever is stolen or to prevent or overcome resistance to the stealing, uses violence or threats of violence to a person or property;
- (b) steals from any person and, at the time steals or immediately before or immediately thereafter, wounds, beats, strikes or uses any personal violence to that person;
- (c) assaults any person with intent to steal from them; or
- (d) steals from any person while armed with an offensive weapon or imitation thereof.
R.S., c. C-34, s. 302
Burglary
Breaking and entering with intent, committing offence or breaking out
348 (1) Everyone who
- (a) breaks and enters a place with intent to commit an indictable offence therein,
- (b) breaks and enters a place and commits an indictable offence therein, or
- (c) breaks out of a place after
- (i) committing an indictable offence therein, or
- (ii) entering the place with intent to commit an indictable offence therein, is guilty
- (d) if the offence is committed in relation to a dwelling-house, of an indictable offence and liable to imprisonment for life, and
- e) if the offence is committed in relation to a place other than a dwelling-house, of an indictable offence and liable to imprisonment for a term not exceeding ten years or of an offence punishable on summary conviction.
Definition of place
(3) For the purposes of this section and section 351, place means
- (a) a dwelling-house;
- (b) a building or structure or any part thereof, other than a dwelling-house;
- (c) a railway vehicle, a vessel, an aircraft or a trailer; or
- (d) a pen or an enclosure in which fur-bearing animals are kept in captivity for breeding or commercial purposes.
R.S., 1985, c. C-46, s. 348
R.S., 1985, c. 27 (1st Supp.), s. 47
1997, c. 18, s. 20
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One mistake isn’t worth a lifetime of headaches. But your first Theft Charge can really impact your criminal history, take a toll on your finances, and really hinder your employment.
Consequences of a Theft Charge
A theft charge in Ontario is nothing to scoff at.
Whether a charge is a first, second, third, or subsequent offense, you’ll be faced with a variety of potential penalties and charges.
25 Years of Experience Defending Theft Charges
This is a daunting list of possible theft consequences that you may be facing. But you’re innocent until proven guilty. Make sure to hire a competent, skilled attorney that will do everything possible to get your case and your future in line.
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The Advantages of Speaking with
Jonathan Lapid
Jonathan Lapid - Theft Charge Industry Leader
Jonathan Lapid is a criminal defence lawyer and DUI expert in the GTA with over 25 years of experience. A few years ago, a Brampton police officer called Jonathan to defend him on a DUI charge. Jonathan asked him how he found him and the officer said that after asking his police friends who they lose to in court, it was Jonathan’s name that popped up again and again.
He has represented an NHL player, a Canadian Olympic athlete, police officers, lawyers, doctors, prominent senior executives, pilots and flight attendants, limousine drivers, factory workers and many other hard working Canadians.
If nothing else, this tells you that he’s built a track record others take notice of and there’s a reason why even the highest profile individuals entrust him with their cases.
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