Property Offences

Theft

Theft is a very common and minor criminal offence, but if convicted can result in a criminal record and ultimately impacting future employment and travel opportunities.

There are two types of Theft categories, theft under $5000 and theft over $5000. Under the Criminal Code of Canada, a theft occurs when an individual takes something that does not belong to them without the consent of the owner of said thing and with the intention to deprive the owner of the thing.

The penalty of a theft conviction is dependent on the specific offence, for Theft Over the maximum is 10 years imprisonment, whereas, for Theft Under the maximum is 2 years less a day imprisonment. There are lesser sentences available along with opportunities to have the charge diverted and withdrawn.

Robbery

Robbery is when an individual takes or steals something from another person with the use of violence or the threat of violence. Robberies can vary in seriousness dependant on various factors such as, use of a weapon, the extent of injuries suffered, the degree of violence used, value of the item stolen and vulnerability of the victim.

The penalty for a Robbery conviction is a maximum sentence of life imprisonment, there is also a mandatory minimum sentence of 5 years imprisonment upon a Robbery conviction.

Robbery is a serious violent offence which often carries a custodial disposition. It is important to seek a criminal defence lawyer to handle your case. Call VM Law for a consultation.

Break and Enter

Break and Enter is made out when an individual breaks and enters into a dwelling house or commercial place with the intent to commit an indictable offence. It is not necessary for property to be damaged or for entry to be forceful in order to be charged with an offence of break and enter.

 

The penalty for Break and Enter conviction is a maximum of 10 years for break and enter into a commercial or non-residential property. The maximum for a residential property is life imprisonment.

Fraud

There are two categories of Fraud, just like theft, there is a Fraud Over $5000 which is indictable and Fraud Under $5000 which proceeds summarily. Fraud occurs when an individual defrauds the public or a person by way of deceit, falsehood or other fraudulent means, of any property, money or valuable services.

Fraud cases can be treated in a variety of ways based on the value of the fraud, the relationship of the individuals involved, if there is a breach of trust (employment theft or theft from family).

The penalty for a Fraud conviction carries a maximum 14 years sentence, in addition, there will likely be a restitution or fine order upon conviction.

If you have been charged with theft, robbery or fraud, you want to consult a lawyer experienced with property offences. Call VM Law today for a free consultation and we will work towards getting the best result.

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