A theft or robbery charge can follow from a moment in a store, an accusation at work, or an incident the accused was only present for. Theft is defined in section 322 of the Criminal Code as taking someone's property without a legal right to it and with the intent to deprive them of it. Robbery is theft carried out with violence, a threat, or a weapon. The charge laid, and the value involved, determine what follows.

What Falls as Theft Under Canadian Law

The Crown must prove intent to steal. An honest belief in a legal right to the property, known as "colour of right," is a complete defence. A theft is complete once the property is moved with that intent, even before the person leaves the store.

The Charges and What Separates Them

Value sets the first division. Theft of $5,000 or less is treated less seriously than theft above that amount. Beyond value, the object taken and the manner of the taking create separate offences.

Theft Under $5,000

This covers property valued at $5,000 or less, the category that includes most shoplifting cases. It is a hybrid offence under section 334(b) of the Criminal Code: the Crown may proceed by indictment, carrying a maximum of two years, or by summary conviction, carrying a maximum of two years less a day. There is no mandatory minimum sentence.

Theft Over $5,000

This applies to property valued above $5,000, or to any testamentary instrument regardless of value. It is a straight indictable offence under section 334(a) of the Criminal Code, carrying a maximum sentence of ten years.

Motor Vehicle Theft

Theft of a motor vehicle is charged separately under section 333.1 of the Criminal Code. It is a hybrid offence carrying a maximum of ten years on indictment, with a mandatory minimum of six months for a third or subsequent offence, or two years less a day on summary conviction. Where the theft involves violence or is committed for the benefit of a criminal organization, it becomes a more serious offence carrying up to fourteen years.

Possession of Stolen Property

Possessing property obtained by crime is charged under section 354 of the Criminal Code, either on its own or alongside a theft charge. The Crown must prove the accused knew the property was stolen. Where the property is valued above $5,000, the offence is indictable with a maximum of ten years; at $5,000 or under, it is hybrid, with a maximum of two years on indictment.

Robbery

Robbery is defined in section 343 of the Criminal Code as theft carried out with violence, a threat of violence, or while armed. It is always an indictable offence, and section 344 sets the maximum sentence at life imprisonment. Where a firearm is used, mandatory minimum sentences of four to seven years may apply depending on the circumstances.

What Follows a Shoplifting Charge

Store security may detain a suspected shoplifter and call police. Most people are released with a court date and a date for fingerprinting. If the charge is later withdrawn, those records can be destroyed on application.

Two things arrive separately from the criminal case. Stores, or lawyers acting for them, send civil demand letters seeking several hundred dollars; paying does not end the charge, and you should get advice before responding. Stores also issue bans, and returning while banned can bring a further charge.

For a first-time accused, diversion is often available: community service, a donation, or counselling, after which the Crown withdraws the charge. Diversion is at the Crown's discretion.

Bail, Release Conditions & Possible Defences

Bail and Release Conditions

Police usually release a person charged with minor theft. A robbery charge is treated more seriously, and the accused is often held for a bail hearing. Standard conditions include no contact with the complainant, a ban from the store or address involved, and no possession of weapons. Breaching any condition is a separate criminal offence.

Possible Defences

Every case turns on its evidence. Depending on the circumstances, the defence may raise:

Lack of intent, including honest mistake
Colour of right
Party liability, where the accused was only a driver or lookout, since presence alone is not guilt
Mistaken identification, which robbery cases often turn on
No connection between the alleged violence and the taking
No knowledge that the property was stolen
Charter breaches, including unlawful search or detention by police

Sentencing & How Foote Law Can Help

What Determines the Sentence

No single sentence applies
Courts weigh the value taken, the presence of violence or a weapon, breach of trust such as theft from an employer, the accused's record, and restitution
For theft, outcomes range from diversion or a discharge to a fine or jail
Robbery is treated far more seriously, and the life maximum means a conditional sentence is not available
A conviction produces a permanent criminal record affecting employment, travel, professional licensing, and immigration status

How Foote Law Can Help

Review of Crown disclosure, including surveillance video and loss prevention reports
Advocacy to the Crown for diversion or withdrawal where the facts support it
Bail hearing representation and preparation of a release plan
Colour of right, lack of intent, and identification defences where the evidence allows
Charter applications to exclude unlawfully obtained evidence
Advice on civil demand letters and store bans
Trial representation in the Ontario Court of Justice and the Superior Court of Justice

We accept Legal Aid Ontario certificates and Employee Assistance Program (EAP) referrals.

Frequently Asked Questions

Click any question to read the answer.

Most first-time, low-value theft charges resolve through diversion or a discharge rather than jail. The likelihood of jail increases with the value taken, the presence of violence, or a prior record.

Yes. The Crown may withdraw a charge after diversion is completed, or where the evidence doesn't support a conviction. A lawyer can advocate for withdrawal or a reduced charge early in the process.

Theft is taking property without violence. Robbery is theft committed with violence, a threat of violence, or while armed, and it carries far higher penalties, up to life imprisonment.

Even a minor theft conviction creates a permanent criminal record affecting employment and travel. A lawyer can pursue diversion or a withdrawal that keeps your record clean.

Theft and Robbery Defence