Theft and possession of stolen property

Theft defined.

Most theft charges are laid when people intentionally take someone else's property in order to benefit themselves. The most commonly laid theft charge is shoplifting, which usually involves the theft from a store of smaller, more easily concealed items.

Theft charges are divided into either theft under or theft over $5,000.00. The only difference is that a person charged with theft over $5,000.00 is subject to harsher penalties if convicted.

Did you intend to steal the item?

All criminal charges require proof of intent, or proof of a guilty mind. Did you know that the property belonged to someone else, and did you intend to take the property to benefit yourself? One defence to a charge of theft is called "colour of right." It is raised when a person believes they have a legal right to take property. If this is an honestly held belief, there is no criminal intent, and a theft did not occur.

Did you forget to pay for an item?

While people are generally assumed to intend there actions, situations arise where people honestly forget to pay for an item. For instance, you may have had a lot on your mind or been distracted by something. If this is the case, you may have committed the "act" of stealing, but you didn't have the necessary criminal intent to commit the theft. Theft requires both the act and the intent.

Possession of stolen property: (property obtained by crime).

Possessing stolen property charges involve a person who knowingly receives, possesses, conceals or disposes of stolen property. This applies if the defendant knows or should have had reason to know that the property was stolen. Though the person that initially stole the property may have not been identified or arrested, this does not protect the person accused of possessing stolen property.

Avoiding a criminal conviction for theft or PSP.

You may have a defence to the charges, for instance a lack of intent, or an honest belief that the property wasn't stolen. If that's the case, you'll want to talk to a criminal defence lawyer to discuss how you can mount a defence to your charges. In cases where you believe you are guilty of the charges, you may want to explore the possibility avoiding a criminal conviction by entering into a court-approved program.

Alternative measures and victim-offender programs.

The Alternative Measures Program may be available to you if you have been charged with theft or possession of stolen property. It requires that the accused take responsibility for his or her actions and make up for the theft by completing the tasks assigned by a probation officer. Once these tasks are finished, the prosecutor withdraws the charge. The decision of whether a person is accepted into the program is made by the prosecutor's office.

Another way avoiding a criminal record is by going through Victim Offender Mediation (VOM) program (a program of the Mediation and Restorative Justice Centre). This program is generally available when the parties know each other.

The parties to the criminal activity (the victim and the accused) meet in an office at a mediation centre. The mediators will help the accused, and the people who were affected by the accused's actions, to come to an agreement about what the accused should do to make up for his or her actions. If the accused successfully completes the actions agreed to, the prosecutor will withdraw the charges.

As with the alternative measure program, the decision to allow an accused person to participate is up to the prosecutor.

Get a criminal defence lawyer on your site.

If you've been charged with a property crime, get a criminal defence lawyer working for you. Have them review your file. Find out if you have a defence. If not, learn if you're eligible for a program that will keep you from getting a criminal record.

Don't try and negotiate with the prosecutor yourself. You'll only have one shot at convincing the prosecutor that you are a good candidate. Have a lawyer do the talking for you. They'll know who to talk to, and what to say.