Criminal Defence Core
Theft Over $5000 Lawyer in Canada
A theft over $5000 lawyer defends charges under Criminal Code, s. 322 (theft) and s. 334(a) (theft over $5,000). This page sets out what the offence covers, what the Crown must prove, the penalties on conviction and the defences that are commonly available, then lists criminal defence firms you can contact.
Criminal Code, s. 322 (theft) and s. 334(a) (theft over $5,000)·indictable offence
What Theft Over $5,000 covers in Canadian criminal law
Theft over $5,000 is the aggravated form of theft under section 334(a) of the Criminal Code. The offence itself is defined in section 322: fraudulently and without colour of right taking, or converting to one's own use, anything with intent to deprive the owner of it. What changes at the $5,000 threshold is the punishment section, not the elements.
Because it proceeds by indictment, theft over $5,000 carries a maximum of ten years imprisonment and gives the accused the right to elect trial in the superior court, with or without a jury. Valuation therefore becomes a live issue: the Crown must prove that the property exceeded $5,000 at the time of the offence, and defence counsel often challenges the appraisal or the aggregation of separate incidents.
Charges commonly arise from employee theft, misappropriation by people in positions of trust, vehicle theft and large-scale retail loss. Breach of trust is a statutory aggravating factor on sentence under section 718.2(a)(iii), which is why workplace theft cases are treated far more seriously than their dollar value alone suggests.
What the Crown must prove
The Crown carries the burden of proving every element beyond a reasonable doubt. A reasonable doubt on any one of them means an acquittal.
- The accused took or converted property belonging to another person
- The taking was fraudulent and without colour of right
- The accused intended to deprive the owner of the property, temporarily or absolutely
- The value of the property exceeded $5,000 at the time of the offence
- Identity of the accused and the date and jurisdiction of the alleged offence
Penalties and consequences on conviction
- A maximum of ten years imprisonment on indictment under section 334(a)
- Restitution orders under section 738 requiring repayment to the victim
- A criminal record that is disqualifying for most positions involving money or fiduciary duties
- Probation, community service and, in larger cases, a period of custody
- Immigration consequences, since a ten-year maximum makes the offence serious criminality under the Immigration and Refugee Protection Act
Common defences
- Colour of right: an honest belief in a legal entitlement to the property, even if mistaken
- Absence of intent to deprive, for example where the property was taken in the belief it was authorised
- The value of the property did not exceed $5,000, reducing the charge to theft under section 334(b)
- Identification and continuity problems in surveillance or inventory evidence
- Charter breaches in the search of a workplace, vehicle or electronic device
- Insufficient forensic accounting to attribute losses to the accused rather than to system failures
Theft over $5000 lawyer: frequently asked questions
- How is the $5,000 threshold measured?
- The Crown must prove the fair market value of the property at the time of the offence, not its replacement cost or original purchase price. Where the alleged theft involves many small transactions, the Crown may try to aggregate them into a single count, and whether that aggregation is proper is often the central issue in the case.
- Does paying the money back make the charge go away?
- Repayment does not end a prosecution, because only the Crown can withdraw a charge. It is, however, a significant mitigating factor and can support a resolution such as a conditional discharge or a diversion program in appropriate cases. Restitution arranged through counsel before sentencing carries far more weight than a promise to pay later.
- Can I elect a jury trial on theft over $5,000?
- Yes. Because section 334(a) is a straight indictable offence that is not listed in section 553, the accused elects the mode of trial: provincial court judge, superior court judge alone, or superior court judge and jury. Counsel weighs that election against the availability of a preliminary inquiry and the nature of the evidence.
Find a theft over $5000 lawyer
Criminal defence firms listed on Criminal Lawyers Canada that identify Theft Over $5,000 among their practice areas. Featured listings appear first.
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