![]() Intent (mens rea) is a required component of the crime. Simply placing an item in your pocket could be enough for them to be criminally charged and a court to convict. In a shoplifting case, for example, a person can be charged prior to leaving a store so long as they moved an item into their possession with the intention to steal. The act of theft occurs the moment a person attempts to “move” an item into their possession that is not theirs. How does the Criminal Code of Canada define the crime of "Theft Under 5000"? The most common forms of theft under $5000 charges in the Greater Toronto Area are: It is important to note that only intentional theft can support a finding of guilty and conviction. Sometimes the theft charge is a result of an out of character one time mistake or even an accident. Those labeled as thieves by society have trouble getting people to trust them ever again, even if it is for a relatively minor one time mistake. If you are charged with a theft related offence the result of your case will be extremely important in determining your future. Those who receive a Form 9 Appearance Notice or Form 10 Undertaking from the police requiring fingerprints and to attend court are being criminally charged with all offences stated on the form (theft, fraud, possession of property obtained by crime, etc.). Virtually all employment professional colleges/societies in Ontario have provisions for conduct unbecoming. Being charged with theft under $5000 may have to be disclosed leading to disciplinary actions. Many educated professionals (nurses, engineers, teachers, lawyers, physicians, real estate agents, etc.) also are governed by professional regulatory bodies. Getting a criminal record for theft under $5000 is a major problem as it renders most people unemployable, can lead to problems with immigration status and IRCC applications, and prevent them from travelling to the U.S. If the Crown proceeds summarily (misdemeanor) the maximum punishment is 6 months in a provincial jail. Theft under $5000 is a Crown elect/hybrid indictable (felony) offence which carries a maximum penalty of two years in prison. Theft Under $5000 Charges in Ontario, Canada In Canada any theft totaling under $5000 in value is classified as "theft under $5000" as per Section 334 (b) of the Criminal Code. ![]()
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