Theft and Property Crimes Lawyers

Accused of shoplifting, theft or another property crime? In Canada, theft, possession of stolen property, break and enter, fraud and mischief are criminal offences, and even a first charge for a small amount can lead to a criminal record. A theft lawyer can explain the charge, review the evidence and tell you whether an alternative to prosecution or a discharge is realistic. On this page you can compare lawyers who defend property crime cases, see their rates and availability, and book a consultation online.

What a theft lawyer does

A theft lawyer is a criminal defence lawyer who regularly handles charges involving property. If your situation involves other charges, you can also browse all criminal lawyers.

• Advice right away: what the charge means, what to say and not say, and what happens next.
• Reviewing the evidence: store video, security reports, witness statements, police notes and any statement you gave.
• Alternatives and negotiation: asking the prosecutor about an alternative measure, a withdrawal or a lesser charge.
• Court: representing you from the first appearance to the end of the case, including at trial or at sentencing.

Common theft and property crime charges

Property offences are set out in the federal Criminal Code, which applies across Canada. The charges people most often face are:

• Theft under and theft over: the Criminal Code separates theft by the value of what was taken. Theft below the threshold is usually treated as less serious, while theft above it is more serious and carries heavier possible penalties.
• Shoplifting: there is no separate shoplifting offence. Taking goods from a store without paying is charged as theft, usually theft under.
• Possession of stolen property: having something you know was obtained by crime, even if you did not take it yourself.
• Break and enter: entering a home, business or other place without permission to commit an offence inside. It is treated very seriously, especially when the place is a home.
• Mischief to property: damaging, destroying or interfering with someone else's property, such as vandalism or graffiti.

Fraud vs theft: what's the difference?

Theft is taking or using something that belongs to someone else without their consent. Fraud involves deceit: getting money, property or a service through a lie, a false document or another dishonest act, for example with a stolen card, a false invoice or an online scam. The same facts can sometimes support either charge, and the choice affects how the case is argued, so a lawyer looks closely at how the prosecution frames it.

How a theft charge works in Quebec

In Quebec, the police send their report to the Director of Criminal and Penal Prosecutions (DPCP), and a prosecutor decides whether to lay a charge. Most theft and property cases are heard by the Court of Québec, Criminal and Penal Division, in the district where the offence allegedly happened; some serious cases go to the Superior Court. The broad steps:

• An arrest, a promise to appear or a summons, with release conditions in some cases.
• A first appearance, where the charge is read.
• Disclosure of the evidence to the defence.
• Discussions with the prosecutor about the charge and the options.
• An outcome: charges withdrawn, an alternative measure, a negotiated resolution, a guilty plea or a trial.

Alternative measures and discharges

A charge does not always end in a conviction. In Quebec, the DPCP runs a general alternative measures program for adults (the programme de mesures de rechange général). For some less serious offences, including many first-time theft cases, the prosecutor may offer to deal with the matter outside the courts, for example through an apology, restitution, community work or another measure. If you complete it, the prosecution does not go ahead.

If a case goes to court, a judge can sometimes grant an absolute or conditional discharge. You are found guilty, but no conviction is entered. Eligibility depends on the offence, the facts and your history, so ask a lawyer before you decide how to plead.

Effect on your criminal record

A theft or fraud conviction can affect jobs that involve money, trust or a background check, as well as travel and immigration status. Even a discharge or an alternative measure leaves traces in police and court records for a time. If you are not a Canadian citizen, tell your lawyer right away.

If you already have a conviction, a record suspension lawyer can explain whether you are eligible and how to apply.

When to call a theft lawyer

• You were arrested, given a promise to appear or a summons for theft, fraud or another property offence.
• Store security or the police want to talk to you about an incident.
• You received a letter from a store claiming money after a shoplifting incident. It is separate from the criminal case, so get advice before you pay or reply.
• You need a clean record for work, studies or travel.

The earlier a lawyer sees the file, the more options you usually have. For tips on picking the right person, read our guide on how to choose a lawyer in Quebec.

Preparing for your consultation

• Your promise to appear, summons and any release conditions.
• A short written account of what happened, for your lawyer only.
• Receipts, messages or documents that show ownership, permission or payment.
• Any prior record and your immigration status.
• Your questions: your options, the risks and how the lawyer charges.

Compare theft lawyers and book on JustiConnect

Browse the lawyers listed below, filter by location, rates and availability, and book a consultation directly. You can also search all theft and property crime lawyers or see the theft lawyers in Montreal. For general information on the justice system, see Québec.ca.

Frequently asked questions

Will I get a criminal record for shoplifting?

Not necessarily. For a first, less serious theft, the prosecutor may offer an alternative measure, and a judge may grant a discharge. A conviction, however, creates a criminal record. A lawyer can tell you which outcome is realistic in your case.

What is the difference between theft under and theft over?

The Criminal Code separates theft by the value of the property. Theft over the threshold is a more serious offence. Theft under can be prosecuted in a simpler way, but it is still a criminal offence.

Should I talk to store security or the police?

You have the right to remain silent and, if you are arrested or detained, the right to speak to a lawyer. Stay calm and polite, give your identity when required, and ask to speak to a lawyer before answering questions.

Can I be charged if I did not steal the item myself?

Yes. Possession of property obtained by crime is an offence if you knew where it came from, or deliberately avoided finding out. Whether you knew is often the central question, and a lawyer can review the evidence on it.

How much does a theft lawyer cost?

Each lawyer sets their own rates, and the cost depends on the charge and on whether the case goes to trial. On JustiConnect you can compare rates before you book. At your first consultation, ask how the lawyer charges.