Theft Charges
Theft is a crime of dishonesty and a conviction follows you into every job application, background check, and border crossing for years. Our Calgary criminal defence lawyers have defended thousands of theft cases and know exactly where these prosecutions are most vulnerable.
This page was written by the criminal defence lawyers at Hoare Claxton based on their experience appearing in Calgary courts. It is reviewed periodically for accuracy.
Theft charges come in more varieties than most people realize. Shoplifting from a retail store. Taking something from a neighbour's property. Borrowing a friend's property without explicit permission and keeping it longer than intended. Each of these can give rise to a theft charge under the Criminal Code, and each carries the same fundamental consequence if a conviction results: a permanent criminal record for a crime of dishonesty.
That dishonesty designation is what makes theft different from many other criminal charges. Employers, professional licensing bodies, and financial institutions treat a dishonesty conviction differently from a traffic or assault matter. It follows you into every background check and every border crossing for years after the sentence is completed.
Our office has defended thousands of theft cases across Alberta. Call (587) 355-8889 for a free consultation. Available 24 hours a day.
Theft Under the Criminal Code
Section 322 of the Criminal Code defines theft as fraudulently and without colour of right taking or converting anything, whether animate or inanimate, with intent to deprive the owner of it, either temporarily or absolutely.
Several things in that definition matter to the defence.
Fraudulently means dishonestly. An honest mistake is not theft. Taking something you genuinely believed you had permission to take is not theft. The mental element of the offence requires the Crown to prove dishonest intent, and where that intent is absent or genuinely in question, the charge cannot stand.
Colour of right means an honest belief in a legal entitlement to the property. Where that belief exists, even if it turns out to be wrong, it is a complete defence to theft.
Theft Over $5,000 (Section 334(a))
Where the value of the property stolen exceeds $5,000, the charge is an indictable offence with a maximum sentence of ten years imprisonment. This provision applies to large-scale property theft, vehicle theft, and theft of high-value items. The valuation of the stolen property is frequently contested and is an important battleground in these cases.
Theft Under $5,000 (Section 334(b))
Where the value is under $5,000, the Crown may proceed by indictment or by summary conviction. This is the provision that applies in the majority of retail theft, shoplifting, and personal property theft matters. Despite being the less serious provision, a conviction results in a criminal record with the dishonesty designation that affects employment and professional standing.
The Range of Conduct That Gives Rise to Theft Charges
Shoplifting and Retail Theft
The most common theft charge. Taking merchandise from a retail environment without paying for it, switching price tags, or consuming items in a store without paying. Many shoplifting matters are first offences and diversion options may be available to avoid a criminal record entirely.
Theft of Property from Residences or Yards
Taking property from someone's home, yard, or vehicle when no breaking and entering is alleged. These matters often depend on surveillance footage and witness identification.
Theft by Conversion
Taking property that was lawfully in your possession and converting it to your own use without the owner's consent. This arises commonly in situations involving borrowed property that is not returned, rental property that is kept, or items left in someone's care that are later sold or used.
Theft in an Employment Context
Taking money or property from an employer. These matters frequently give rise to breach of trust allegations alongside the theft charge, which elevates the sentencing consequences significantly. The Crown takes employment theft seriously and prosecution is pursued aggressively in these matters.
Vehicle Theft
Taking a vehicle without the owner's consent. High-value vehicles attract theft over $5,000 charges. Repeat vehicle theft matters are treated more seriously at sentencing and bail. Identification evidence through GPS tracking and surveillance is common in these files.
Theft Is a Crime of Dishonesty and That Classification Matters
Unlike assault or mischief, theft is classified in the same category as fraud, which means a conviction carries a dishonesty designation that follows the accused in ways that other criminal records typically do not.
Employment background checks flag dishonesty convictions specifically. Professional licensing bodies in regulated industries treat theft convictions as grounds for refusing or revoking licenses. Financial institutions treat them as relevant to credit and trust determinations. Immigration authorities consider them in admissibility assessments.
These collateral consequences are part of why pursuing every available defence in a theft matter, including diversion and discharge options, is worth doing seriously even where the dollar value of the theft is small.
Diversion and Avoiding a Criminal Record
First offence theft matters, particularly those involving smaller amounts and no breach of trust, are frequently eligible for the Alternative Measures Program. This allows the matter to be resolved through community service and restitution with the charges withdrawn and no criminal record recorded.
Conditional and absolute discharges are also available in appropriate circumstances and result in no criminal record even where a guilty finding is made.
Whether these options are available depends on the specific facts, your background, and the Crown's position. Negotiating access to diversion and arguing for discharge dispositions is a significant part of what we do in first offence theft matters.
The Defences That Matter in Theft Cases
Absence of Fraudulent Intent
The Crown must prove the taking was dishonest. Where the accused genuinely believed they had permission, where the property was taken by mistake, or where the circumstances do not support an inference of dishonest intent beyond a reasonable doubt, the charge cannot stand on its fundamental element.
Colour of Right
An honest belief in a legal entitlement to the property is a complete defence. This arises in property disputes, situations where property was given as a gift and the accused disputes its return, and circumstances where ownership itself is genuinely unclear.
Identity
In shoplifting and retail theft matters, surveillance footage is the primary identification evidence. The quality of that footage, whether it clearly identifies the accused, and whether the conduct shown actually constitutes theft as opposed to confusion or mistake are all subject to challenge. We examine identification evidence carefully in every file.
Value of the Property
Where the charge is theft over $5,000, the Crown must prove the property exceeded that value. Independent valuation evidence that places the property below the threshold changes the nature of the charge and its consequences significantly.
A defence built in four steps.
We Listen
You tell us exactly what happened, what property is alleged to have been taken, what the Crown's evidence is, and what your version of events is. Everything is protected by solicitor-client privilege from the first call.
We Identify Risks
We assess the Crown's evidence of dishonest intent, how strong the identification evidence is, what the value of the property is alleged to be, and whether diversion or discharge options are available in your specific situation.
We Explain Your Options
We tell you whether diversion is available, whether the charge should be contested at trial, whether the valuation can be challenged, and what the realistic outcomes look like given the specific evidence the Crown is relying on.
We Take Action
We negotiate diversion where the facts support it, challenge identification and intent evidence at trial where they are vulnerable, contest property valuation where the threshold is in question, and pursue every available outcome that minimizes the permanent impact on your record and your future.
Frequently Asked Questions
What is the difference between theft over $5,000 and theft under $5,000?+
The distinction is the value of the property alleged to have been stolen. Theft over $5,000 is an indictable offence with a maximum sentence of ten years. Theft under $5,000 can be proceeded with by indictment or by summary conviction and carries a lower maximum sentence. Both result in a criminal record with the dishonesty designation upon conviction. The value of the property is not always agreed and can be contested through independent valuation evidence.
I took something by mistake. Can I still be charged with theft?+
A genuine mistake is not theft. The Criminal Code requires the taking to be fraudulent, meaning dishonest. Where the accused genuinely believed they had permission, took the wrong item by accident, or had an honest belief in their entitlement to the property, the dishonest intent required for a theft conviction is absent. Whether the circumstances of your specific situation support that argument requires legal analysis of the specific facts. This is one of the first things we assess in every theft file.
Will a theft conviction affect my employment?+
Yes, significantly. Theft is classified as a crime of dishonesty and a conviction appears on criminal background checks used by employers across virtually every industry. Positions in financial services, healthcare, education, retail, and any position of trust are particularly affected. Professional licensing bodies treat dishonesty convictions seriously. This is one of the strongest reasons to pursue every available option to avoid a conviction, including diversion and discharge dispositions in appropriate cases.
Can I avoid a criminal record for a theft charge?+
In appropriate circumstances, yes. First offence theft matters involving smaller amounts and no breach of trust are frequently eligible for the Alternative Measures Program, which resolves the matter through community service and restitution with the charges withdrawn and no criminal record. Conditional and absolute discharges avoid a criminal record even where a guilty finding is made. Whether these options are available depends on your specific circumstances and the Crown's position. Negotiating access to them is a significant part of what we do in first offence theft matters.
What if I returned the property. Will the charges be dropped?+
Not automatically. Once a theft charge is laid, only the Crown prosecutor can decide to withdraw it. Returning the property is a mitigating factor that can affect the Crown's position on resolution and the court's approach to sentencing. In first offence matters involving lower values it can contribute to a diversion outcome. It does not guarantee that charges are withdrawn or that a criminal record is avoided. Whether and how to approach restitution in the context of an active theft charge is a strategic decision that should be made with legal advice.
Related Practice Areas
Theft charges frequently arise alongside fraud allegations, break and enter charges, and robbery matters where the property element is common to all of them.
Fraud and Financial Offences Calgary
Theft and fraud share the dishonesty designation and often arise together in employment and financial matters.
READ THE DEFENCE GUIDEBreak and Enter Calgary
Where entry into a residence is alleged alongside a taking, break and enter charges carry significantly more serious consequences than theft alone.
READ THE DEFENCE GUIDERobbery Charges Calgary
Where violence or the threat of violence is alleged in the course of a theft, the charge becomes robbery and the sentencing exposure changes dramatically.
READ THE DEFENCE GUIDEGeneral Criminal Defence Calgary
Full-service criminal defence across Calgary and Alberta with an emphasis on Charter litigation and trial advocacy.
READ THE DEFENCE GUIDECharged With Theft in Calgary?
A theft conviction carries a dishonesty label that follows you for years. The right defence starts today.
Call (587) 355-8889. Free consultation. Available 24 hours a day.