Theft Lawyer in Mississauga

A theft charge can feel minor, especially for shoplifting or a first offence, but a conviction leaves a criminal record for dishonesty. That record can end a career in finance, healthcare, security or government, and cause problems at the border. The Mississauga theft lawyers on our criminal defence team work to resolve theft charges without a record wherever possible, and to win at trial when the evidence falls short.

Call 905-361-9791 or book a consultation. Service in English and Arabic.

What is theft under the Criminal Code?

Under s. 322 of the Criminal Code, theft is fraudulently, and without colour of right, taking or converting something that belongs to someone else, intending to deprive them of it temporarily or permanently. The key elements are:

Taking or converting property. This includes keeping something you were only allowed to hold.
Fraudulently, meaning dishonestly.
Without colour of right, meaning without an honest belief that you had a legal right to it.
Intent to deprive the owner.

Theft under vs. theft over $5,000

Charge	Value	How it is prosecuted	Maximum sentence
Theft under $5,000 (s. 334(b))	$5,000 or less	Hybrid: summary or indictable	2 years (indictable)
Theft over $5,000 (s. 334(a))	More than $5,000	Indictable only	10 years
Possession of property obtained by crime (s. 354)	Under or over $5,000	Same split as theft	2 or 10 years
Theft by person required to account (s. 330) and breach of trust	Any	Depends on value	Up to 10 years

Related charges we also defend include shoplifting, employee theft, theft of a motor vehicle, credit card offences, robbery (s. 343), break and enter (s. 348) and fraud (s. 380). Robbery and break and enter carry much higher penalties and are treated differently from simple theft.

Shoplifting charges in Mississauga

Mississauga’s large shopping centres, including Square One, Heartland Town Centre and Erin Mills Town Centre, have loss prevention officers who can arrest people they find committing theft (s. 494). Police are then called. Two things often surprise people:

The civil demand letter. Many retailers send a letter demanding payment for losses. This is a civil claim and is separate from the criminal case. Paying it does not make the charge go away, and not paying it does not make the charge worse. Get advice before you respond.
Video is not always clear. Loss prevention reports and CCTV footage are often incomplete. We review them closely for gaps.

Possible outcomes for theft charges

Many theft cases, especially first offences for lower amounts, can be resolved without a criminal record:

Diversion. Programs such as Ontario’s Direct Accountability Program can lead to the charge being withdrawn after you complete conditions such as restitution, a donation or counselling.
Withdrawal where the evidence is weak.
Absolute or conditional discharge (s. 730). A finding of guilt with no conviction registered.
Acquittal at trial.

For theft over $5,000 or theft involving a breach of trust, like employee theft, courts treat the case more seriously. Early repayment and a well-prepared sentencing position can make a significant difference.

How theft charges are defended

No intent. Forgetting an item in your cart, mistaking items or misunderstanding a self-checkout is not theft.
Colour of right. You honestly believed you were entitled to the property, for example in a dispute with a former employer or partner.
Identity. Poor quality video, or reliance on a single witness, can create doubt about who was involved.
Value. Challenging the Crown’s valuation can reduce a theft over charge to theft under.
Charter breaches. Unlawful searches by police, or by security guards acting as agents of the police, can make evidence inadmissible.

Immigration and professional consequences

Theft over $5,000 carries a 10-year maximum sentence. For permanent residents, a conviction can count as serious criminality and lead to removal proceedings. Dishonesty offences also matter to employers and regulators. We plan your defence with these consequences in mind, and our firm also advises on immigration and professional discipline.

Why choose Rashidy & Associates

We focus on resolutions that avoid a criminal record.
In-house immigration and professional responsibility practices.
English and Arabic service.
Mississauga office at 145 Traders Blvd E., close to the Brampton courthouse.
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Frequently asked questions

Will I get a criminal record for shoplifting in Ontario?

Not necessarily. First-time shoplifting charges are often resolved through diversion or a discharge. Both avoid a criminal conviction. You still need proper legal advice to get there.

Should I pay the store’s civil demand letter?

The letter is a civil claim, not part of the criminal case. Whether to pay depends on your situation. Talk to a lawyer first. Paying it doesn’t end the criminal charge.

What’s the difference between theft and robbery?

Robbery is theft combined with violence or threats of violence (s. 343). It is far more serious, with a maximum sentence of life imprisonment.

Can a theft charge affect my job?

Yes. A theft conviction appears on criminal record checks and suggests dishonesty. It can affect employment in sectors like banking, healthcare, security, teaching and government, as well as professional licences.