Your Theft Lawyer Serving Brampton
Nirwal Law, located in Brampton and led by criminal defence lawyer Manbir Nirwal, focuses exclusively on safeguarding your rights and protecting your future. Knowing the stakes are high, Manbir brings extensive courtroom experience and a results-driven approach to your case.
Manbir takes a strategic and a personalized approach to every case. Whether the charge is minor or serious, Manbir is committed to achieving the best possible outcome for you. Your defence begins here!
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Theft is serious enough that it could result in jail time, fines as well as a permanent criminal record. With years of experience in criminal law, Toronto Criminal Defense Attorney Manbir Nirwal will assist you with the legal process of your theft charge by challenging the evidence presented against you, while also advocating for you throughout this entire ordeal. In addition to negotiating, there are many other alternatives that can be explored for resolving your case (such as diversion programs) or even fighting your case at trial. A criminal defense attorney such as Manbir Nirwal can often times make a big difference in how your case turns out.
Nirwal Law offers competent and caring representation to individuals charged with a theft offence. Nirwal understands the consequences and complexities of being charged with an offense under the Theft Act. To defend and protect your rights, our team works aggressively and strives to offer the very best in criminal defense service. If you’re facing theft charges, speak to Brampton Theft Charge Lawyer Manbir Nirwal about your case today so he can go over all possible defenses with you.
What is Theft?
In this case, under the criminal code of Canada, theft is defined as an unlawful taking or use of another person’s property for the purpose of depriving that person of their ownership.
There are several ways to classify different types of theft, including:
- Theft Under $5,000 (Sec. 334 b): Theft of a property that is worth less than $5000 is typically treated as a lesser offense. Although this type of theft does carry some serious consequences.
- Theft Over $5,000 (Sec. 334 a): Theft of a property that is worth $5000 or more is an indictable offense and carries more serious consequences.
- Possession of Stolen Goods: If you possess property that has been identified as being stolen, you will likely face additional or alternative criminal charges.
- Theft by Deceit/Fraud: Theft via deception/manipulation/other fraudulent means can result in both theft and fraud charges.
Possible Consequences for Theft Charges in Ontario
The penalty of theft will depend on the type of offense (summary vs. indictable) it was charged as; the amount of the stolen property; and the offenders previous convictions.
Possible penalties are:
- Jail Time: A person convicted of theft with no prior convictions that involves less than $5000 could receive jail time of up to two (2) years, while a person convicted of theft involving more than $5000 could face a maximum of ten (10) years imprisonment when the charge is prosecuted as an indictable offense.
- Fines: Fines could be imposed where the crime was minor or a first-time offender.
- Probation: In addition to jail time courts have the option to place a defendant on probation. Probation could require participation in counseling, completing community service and possibly having the defendant report to a probation officer.
- Repayment: As well as the above options courts may also order repayment to the victim of some portion of what they lost due to theft.
How We Defend Theft Charges
When accused of theft, a criminal defence lawyer will analyze all the available evidence, including the specific circumstances surrounding the alleged offence along with the accused’s intent.
There are several possible defenses to theft:
- Lack of Intention: Theft is defined as the taking of someone else’s property with an intent to permanently deprive them of their ownership. Therefore, if it can be demonstrated that there was no intention to steal, this could likely be used as a defense.
- Mistake about Ownership: It is also possible that you believed you either owned the property in question or had a legitimate claim on it when you took possession of the property.
- Duress/Coercion: Duress can be argued as a defense where the individual was coerced/threatened into stealing by another party.
- Consent: Consent from the property owner to remove or utilize the property may eliminate liability for theft.
- Violation of Charter Rights: Evidence obtained illegally through unlawful search & seizure, or violation of the defendant’s charter rights, may be suppressed, therefore possibly impacting the prosecution’s ability to prove guilt.
Why Clients Choose Manbir
Manbir Nirwal is the founder and lead lawyer at Nirwal Law, offering exclusively criminal defence services across Ontario. With a deep understanding of the justice system and a proven track record, Manbir is committed to defending your rights and achieving the best possible outcome for your case. What Sets Manbir Nirwal Apart:
Experience – Having appeared in various Jurisdictions throughout Ontario, Manbir is familiar with the intricacies of the criminal justice system. He brings this deep knowledge to each case, ensuring your defence is crafted with care and precision.
Communication – From the moment you reach out to Nirwal Law, you’ll have direct access to Counsel Manbir Nirwal. He prioritizes clear, consistent communication and is often available for evening and weekend appointments to accommodate your schedule. With 24/7 availability, Manbir ensures you’re never left in the dark about your case.
Tailored Defence Strategies – Every client and every case is different. Manbir takes the time to fully understand your situation and craft a defence plan that is uniquely suited to your needs, maximizing your chances of a favorable result.
Manbir Nirwal
Manbir Nirwal
Manbir Nirwal is the founder and lead lawyer at Nirwal Law, offering exclusively criminal defence services across Ontario. With a deep understanding of the justice system and a proven track record, Manbir is committed to defending your rights and achieving the best possible outcome for your case. What Sets Manbir Nirwal Apart:
Experience – Having appeared in various Jurisdictions throughout Ontario, Manbir is familiar with the intricacies of the criminal justice system. He brings this deep knowledge to each case, ensuring your defence is crafted with care and precision.
Communication – From the moment you reach out to Nirwal Law, you’ll have direct access to Counsel Manbir Nirwal. He prioritizes clear, consistent communication and is often available for evening and weekend appointments to accommodate your schedule. With 24/7 availability, Manbir ensures you’re never left in the dark about your case.
Tailored Defence Strategies – Every client and every case is different. Manbir takes the time to fully understand your situation and craft a defence plan that is uniquely suited to your needs, maximizing your chances of a favorable result.
Theft Charges FAQs
Yes. Theft charges in Ontario can occur regardless of whether you intend to return the item. The Crown may claim that you took the item for temporary use or permanent deprivation of the property's value. If convicted, the court would assess the details of your case (i.e. taking the property, amount of time you have held onto the property, and what actions you have taken since)
A primary difference lies within the value of the property alleged to be stolen. Generally speaking, theft under $5,000 will be viewed as less serious than theft above $5,000; however, both types of offenses can potentially lead to a criminal conviction, criminal record, probation, jail time, fines and other legal consequences. Theft exceeding $5,000 could have much harsher penalties associated with it.
Theft cases are often supported by surveillance footage; however, in most circumstances, this type of video does not constitute enough evidence to support a finding of "beyond a reasonable doubt." In order for a court to find someone guilty based upon the recording, they will need to determine if the image was good enough, could identify the defendant from the images and could also use other supporting documentation that would support their claims. The quality of the images (video), how well you were seen (visibility) and/or identifying who you are (mistaken identity) may all provide additional areas of defense.
Yes. Theft offences are considered crimes involving dishonesty, which can create serious employment challenges. Many employers conduct criminal background checks, especially for positions involving money, customer trust, security clearances, or professional licensing. A criminal record for theft may also affect immigration applications and international travel.
Yes, in certain instances. First-time offenders may have alternatives to a criminal conviction depending on their history and the nature of the theft charge. These alternatives include diversion programs; peace bonds; conditional discharge; withdrawing of charges; etc. In many cases early legal representation will assist with obtaining an alternative resolution which does not result in a criminal record.
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