Theft

Theft is categorized as a property offense and is divided into two main classifications: Theft Under $5000 and Theft Over $5000. A conviction for Theft Under $5000 can lead to a sentence of up to two years in prison, while Theft Over $5000 carries a potential sentence of up to ten years of incarceration.
Apart from the possibility of imprisonment, a theft conviction can have far-reaching consequences in various aspects of your life, particularly affecting future employment opportunities.
Theft Under $5000, commonly known as shoplifting, is a frequent and minor criminal offense committed by individuals from diverse backgrounds and age groups in Canada. Unfortunately, being found guilty of such a charge can significantly impact an individual's criminal record, influencing future job prospects and travel plans.
In certain cases, a shoplifting charge may arise from an inadvertent mistake. It is understandable how the failure to pay for an item can occur in specific circumstances. If charged due to forgetting to pay, individuals have the option to plead not guilty and present evidence to the judge that their actions were unintentional. However, asserting an "accident" defense can be challenging, as it is a common defense used by accused individuals, whether the oversight was genuine or not.
What constitutes theft?
Theft is generally defined as the act of taking something without the owner's permission for personal benefit or the benefit of another person. A person commits theft when they move, cause to move, or begin to cause something to become movable with the intent to steal. Shoplifting typically involves theft from a retail store rather than a private citizen. In all cases, theft must be intentional for an individual to be found guilty.
It's important to note that a theft can occur even if the property legally belonged to someone else. Any person with a property interest in the taken item can make a theft allegation.
What is shoplifting?
Shoplifting is a prevalent form of theft, specifically involving the theft of items from a retail store rather than a private citizen. Shoplifting is often impulsive and, at times, compulsive. Prosecutors in Ontario generally treat shoplifting less severely than other criminal charges, considering it to be on the lower end of the criminal law spectrum. In many Ontario cities, including Toronto, Brampton, Newmarket, and Oshawa, first-time offenders may be eligible for diversion programs, leading to a withdrawal of criminal charges.

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