Theft & Robbery Charges

The Spectrum of Property Offences

Property offences in Canada range from minor shoplifting to violent armed robberies. While the nature of these crimes varies wildly, they share one critical trait: a conviction almost always carries a severe lifelong stigma. Theft is considered a "crime of dishonesty" or moral turpitude. Having a record for theft can instantly disqualify you from employment opportunities, particularly in finance, healthcare, security, or government, and can severely complicate immigration applications.

At TL Criminal Defence, we understand that good people make mistakes, or can be falsely accused due to misunderstandings. We handle the full spectrum of property-related offences, including:

• Theft Under $5,000: Often involves shoplifting, minor employee theft, or stealing low-value items.
• Theft Over $5,000: A strictly indictable offence involving high-value goods, auto theft, or significant corporate fraud.
• Possession of Property Obtained by Crime: Being caught with stolen goods, even if you were not the one who originally stole them.
• Break and Enter: Illegally entering a dwelling or commercial property with the intent to commit an indictable offence.

Robbery: A Crime of Violence

It is crucial to understand the legal distinction between theft and robbery. Robbery is a violent crime. It occurs when a person uses violence, the threat of violence, or a weapon while committing a theft. Examples include muggings, bank robberies, or even a shoplifting incident where the accused shoves a security guard while trying to escape.

Because of the element of violence, the Crown prosecutes robbery charges aggressively. Depending on whether a firearm was used or if the robbery was connected to a criminal organization, a conviction can carry mandatory minimum jail sentences and severe penitentiary terms.

Defending Against Theft & Robbery Charges

The Crown bears the heavy burden of proving both your identity as the perpetrator and your criminal intent. There are many effective legal and factual defences we deploy to dismantle the prosecution's case:

• Identity & Misidentification: In many robbery or break-and-enter cases, the perpetrator is wearing a mask or the incident happens quickly. We rigorously challenge the reliability of eyewitness testimony and expose the flaws in grainy CCTV footage.
• Lack of Intent (Mens Rea): For theft, the Crown must prove you intended to steal. Accidentally walking out of a store with an item in the bottom of your cart, or forgetting to scan something at a self-checkout, is a mistake, not a crime.
• Colour of Right: This defence applies if you took property under an honest (even if mistaken) belief that you had a legal right to it.
• Charter Violations: If the police found stolen property by conducting an illegal search of your car or home without a valid warrant, we will file a Charter application to have that evidence excluded from trial.

Alternative Resolutions: Avoiding a Record

If you are a first-time offender facing a minor charge like Theft Under $5,000 (such as shoplifting), taking the case to trial may not be necessary. Trevor Lau is highly experienced in negotiating with the Crown to divert these charges out of the criminal justice system. Through programs like Direct Accountability (e.g., completing community service or making a charitable donation), we can frequently secure a complete withdrawal of the charges, ensuring your criminal record remains perfectly clean.

Whether you need a deft negotiator for a minor mistake, or a relentless trial advocate for a complex robbery case, TL Criminal Defence is equipped to protect your rights.