Theft & Shoplifting Under $5000

If you are charged with shoplifting or theft under 5000 dollars in Ottawa, you could be facing a criminal conviction with serious long-term implications.

People forget to pay for items; misunderstandings happen; people make mistakes; others are desperate, misguided or make a poor choice in the heat of the moment; and sometimes, security guards are mistaken.

It’s extremely harsh to have to live with a lifelong criminal record if you make one mistake. That’s why you should never simply plead guilty and accept the immediate and long-term penalties of a shoplifting charge.

At Friedman Mansour LLP, we can provide the representation you need to defend the charges and escape the most serious consequences.

What is shoplifting?

Shoplifting is the term used for the criminal act of taking something from a store without paying for it.

Shoplifting charges can be laid against you even if you never intended to leave the store without paying for items. Concealing items in your pockets, for instance, may be enough for the police to be called.

Why is the 5000-dollar number important?

In Canadian law, the crime of theft is sub-divided into several categories. The most important distinction is in the value of the property taken.

For theft crimes under the value of $5,000, there is one set of guidelines for prosecuting and sentencing. For theft over the value of $5,000, another set of guidelines exists, including harsher penalties.

What is the legal definition of shoplifting in Ontario?

If you are caught allegedly taking something from a store without paying for it, you won’t be charged with “shoplifting” per se.

You may be charged with theft under $5,000, assuming you have not taken goods from the store worth more than this value.

The vast majority of shoplifting offenses are “theft under 5000” offenses.

Section 322 of the Criminal Code states:

“Every one commits theft who fraudulently and without colour of right takes, or fraudulently and without colour of right converts to his use or to the use of another person, anything, whether animate or inanimate, with intent.”

The term “without colour of right” means without the legal authority to take the property.

Importantly, according to the law, there must be intent to be classified as theft. So, if you are accused of shoplifting but you were distracted by something and inadvertently placed items in your bag and walked out without paying, this could be a reasonable defence against a criminal charge.

Intent must be proven beyond a reasonable doubt for a conviction to be successful.

Penalties for shoplifting & theft under 5000

The penalties for shoplifting or theft under 5000 vary greatly depending on your criminal record. However, it is always a serious charge and should never be downplayed.

In terms of the immediate penalties for a guilty verdict for shoplifting or theft under 5000, you may face a summary conviction and possible imprisonment for up to two years.

Penalties for first-time offenders in Ottawa

Even first-time offenders risk the possibility of never again being able to say that they have never been arrested and don’t have a criminal record on job applications.

This is a serious possible consequence of a shoplifting charge. Simply being fingerprinted can have negative consequences when it comes to your future (see next section).

The more immediate consequences include:

• Possible jail time
• Probation orders
• Fines

For first-time offenders in Ottawa, there is a good chance you will avoid jail time with the help of an experienced lawyer – but if you cannot avoid a criminal charge, there will be other long-term consequences.