Property Offences
-
Possession of Stolen Property
Criminal Code Section: s. 354
A person may be charged with possession of stolen property where the Crown alleges they possessed, controlled, or knowingly obtained property that was acquired through the commission of an offence. These allegations can involve vehicles, electronics, tools, financial property, identification documents, or other personal belongings.
The Crown must prove not only that the property was stolen, but also that the accused knew or was reckless as to whether the property was obtained by crime. In many cases, the key legal issue is whether the accused had knowledge that the property was stolen.
These charges can arise from police traffic stops, searches, online marketplace transactions, or investigations involving multiple individuals.
Potential Sentence:
Possession of stolen property is generally a hybrid offence. Where the value exceeds $5,000, the maximum penalty can include up to 10 years imprisonment if prosecuted by indictment. Lesser-value matters may still result in criminal records, probation, fines, restitution orders, or jail depending on the circumstances and criminal history.
How I Can Help:
I carefully examine the police investigation, search and seizure procedures, witness statements, and evidence relating to ownership and knowledge of the property. Many cases involve Charter issues, unlawful searches, mistaken assumptions, or insufficient evidence regarding intent and knowledge. I work strategically to challenge the Crown’s case and pursue resolutions aimed at protecting your record, employment opportunities, and future.
-
Theft – Over / Under $5,000
Criminal Code Sections: ss. 322, 334
Theft charges involve allegations that a person intentionally took or converted property belonging to another person without lawful authority. These cases can range from shoplifting allegations and employee theft investigations to complex financial or fraud-related matters.
The distinction between theft under $5,000 and theft over $5,000 significantly impacts the seriousness of the charge and the potential penalties. Even lower-value theft allegations can carry long-term consequences, including criminal records, employment difficulties, professional licensing concerns, and immigration complications.
Retail theft and shoplifting cases are commonly supported by surveillance footage, store security evidence, witness statements, and police observations.
Potential Sentence:
Theft under $5,000 is a hybrid offence carrying a maximum sentence of 2 years less a day if prosecuted by indictment. Theft over $5,000 is a more serious offence carrying a maximum sentence of 10 years imprisonment. Depending on the circumstances, penalties may include probation, restitution, fines, conditional discharges, or jail.
How I Can Help:
I understand that many theft allegations arise from isolated mistakes, misunderstandings, financial stress, or emotional circumstances. I carefully review surveillance footage, witness evidence, police conduct, and disclosure to identify weaknesses in the Crown’s case. Where appropriate, I pursue resolutions focused on avoiding criminal records and minimizing the long-term impact on your future, career, and reputation.
-
Mischief
Criminal Code Section: s. 430
Mischief charges involve allegations that a person intentionally damaged property, interfered with another person’s lawful use or enjoyment of property, or disrupted data or computer systems. These cases may involve damage to homes, vehicles, businesses, electronic devices, or public property.
Mischief allegations frequently arise from neighbour disputes, domestic incidents, protests, workplace conflicts, or emotionally charged situations. The seriousness of the offence often depends on the extent of the alleged damage and whether the property was used for religious, educational, or governmental purposes.
Even relatively minor property damage allegations can still result in criminal charges and significant personal consequences.
Potential Sentence:
Mischief under $5,000 is generally prosecuted as a hybrid offence and may result in probation, restitution, fines, or jail in more serious cases. Mischief involving substantial property damage or interference with critical infrastructure may carry significantly harsher penalties.
How I Can Help:
I carefully assess the evidence surrounding the allegation, including property ownership, surveillance footage, witness reliability, repair estimates, and police procedures. In many cases, the surrounding circumstances, intent, or level of alleged damage are open to challenge. I work to protect your record and pursue practical, efficient resolutions aimed at minimizing the impact on your life and future.
-
Robbery
Criminal Code Section: s. 344
Robbery is a very serious criminal offence involving allegations that force, threats, violence, or intimidation were used during the commission of a theft. Robbery allegations may involve weapons, masked suspects, multiple accused persons, or allegations of violence occurring during a theft-related incident.
These cases are aggressively prosecuted and often involve extensive police investigations, surveillance footage, forensic evidence, cell phone records, and eyewitness identification evidence. A robbery conviction can permanently impact a person’s freedom, reputation, employment opportunities, immigration status, and future.
Identification is frequently a major issue in robbery cases, particularly where the incident occurred quickly or under stressful conditions.
Potential Sentence:
Robbery is an indictable offence carrying a maximum sentence of life imprisonment. Where firearms or prohibited weapons are alleged, mandatory minimum sentences may apply. Jail sentences are common upon conviction, particularly where violence or prior criminal history is involved.
How I Can Help:
I provide strategic and aggressive defence representation for clients facing serious robbery allegations. I carefully review identification evidence, police conduct, surveillance footage, forensic evidence, and Charter compliance to identify weaknesses in the Crown’s case. These cases require detailed preparation and strong courtroom advocacy to protect your rights, liberty, and future.
-
Arson
Criminal Code Sections: ss. 433–436
Arson charges involve allegations that a person intentionally or recklessly caused damage by fire or explosion. These allegations may involve homes, vehicles, businesses, vacant properties, or personal belongings. Because of the potential risk to public safety, arson offences are treated extremely seriously by police, prosecutors, and the courts.
The Crown must often rely on expert evidence, fire investigations, forensic analysis, and circumstantial evidence to prove the origin and cause of the fire. Many arson cases are highly technical and involve complex scientific evidence.
An arson allegation can have devastating consequences for employment, insurance claims, professional licensing, immigration status, and reputation.
Potential Sentence:
Arson-related offences carry severe penalties depending on the circumstances. Arson causing damage to property is punishable by up to 14 years imprisonment, while arson involving disregard for human life carries a maximum sentence of life imprisonment.
How I Can Help:
I carefully review the fire investigation, forensic evidence, expert reports, and police procedures to determine whether the Crown can prove the allegations beyond a reasonable doubt. Arson prosecutions often depend heavily on technical and circumstantial evidence that must be carefully scrutinized. I work tirelessly to protect your rights and pursue the strongest possible defence strategy while guiding you through every stage of the criminal court process.
