Ottawa Theft & Property Offences Lawyer

A theft or property offence charge can follow you for years through a criminal record, even when it arises from a single mistake or a moment of poor judgment. For many people, especially students, employees and professionals, avoiding a record is the most important goal. Brett McGarry is an Ottawa criminal defence lawyer who defends people charged with theft and other property offences and works to protect your record and your future.

Call 613-884-8576 for a free 30-minute consultation.

What Counts as Theft Under Canadian Law?

Theft is defined in section 322 of the Criminal Code. A person commits theft when they take property fraudulently and without a colour of right, with the intent to deprive the owner of it, either temporarily or permanently. The phrase colour of right matters: an honest belief that you had a legal right to the property can be a defence.

Theft Under $5,000 vs. Theft Over $5,000

The value of what is taken determines how the charge is treated under section 334. Theft under $5,000 is a hybrid offence, which the Crown can prosecute by summary conviction or by indictment, with a maximum of two years by indictment. Theft over $5,000 is an indictable offence with a maximum of ten years.

Shoplifting Charges in Ottawa

Shoplifting is not a separate offence in Canada. It is theft under $5,000 in a retail setting. These cases often begin with an arrest by store security, and the Crown frequently relies on concealment of an item or store video to argue intent. Even a first shoplifting charge is a criminal matter that should be taken seriously.

Other Property Offences We Defend

• Possession of property obtained by crime (s. 354). Having property you knew, or should have known, was stolen.
• Mischief or damage to property (s. 430). Damaging property or interfering with its lawful use.
• Break and enter (s. 348). A serious charge, with a maximum of life imprisonment for breaking into a home.
• Credit or debit card and identity-related offences. Including the use of stolen card data and identity fraud.

Penalties and Consequences of a Conviction

Sentences for property offences range from a discharge, a fine or probation to jail, and a court may order restitution to the victim. The lasting consequence for most people is the criminal record itself, which can affect employment, bonding, travel to the United States, and, for non-citizens, immigration status. Even where a charge does not lead to a conviction, fingerprints and records may have been taken, which is something we can also address.

First-Time Offenders and Diversion in Ottawa

Many first-time theft charges in Ottawa can be resolved through diversion, often called the Direct Accountability Program. In a suitable case, completing conditions such as a donation, community service, counselling or an anti-theft workshop can lead the Crown to withdraw the charge, which means no criminal record. Eligibility depends on the facts and your history, and we can advise you on whether this path is realistic in your case.

Avoiding a Criminal Record

Beyond diversion, there are other ways a case can end without a registered conviction. An absolute or conditional discharge under section 730 results in a finding of guilt without a conviction, and in some cases charges can be withdrawn or resolved with a peace bond. We focus on the options that protect your record wherever the facts allow.

How We Defend Theft and Property Charges

We review the entire prosecution file, including any video, witness statements and police notes, and test the Crown’s case on every element. Common issues include identity, the reliability of the evidence, the absence of an intent to steal, a genuine colour of right, and breaches of your Charter rights during the arrest or any search. Where your rights were breached, evidence may be excluded.

What to Do After Being Charged in Ottawa

Do not plead guilty before getting advice, and do not give a statement to the police or to store security. Use your right to speak with a lawyer, and call a criminal defence lawyer who can review the evidence and look for a resolution that avoids a record. Theft and property charges in Ottawa are dealt with at the courthouse at 161 Elgin Street.

Areas We Serve Across Ottawa

Brett McGarry defends theft and property charges for clients who live or work across Ottawa, including the downtown core, Nepean, Kanata, Barrhaven, Orléans and Gloucester. Ottawa theft charges are dealt with at the Elgin Street courthouse, and we assist clients in English and French.

Theft and Property Offences FAQ

Is shoplifting a separate criminal offence in Canada?

No. Shoplifting is theft under $5,000 under sections 322 and 334, charged in a retail context.

What is the difference between theft under $5,000 and theft over $5,000?

It is based on the value of what is taken. Theft under $5,000 is a hybrid offence with a maximum of two years by indictment, while theft over $5,000 is indictable with a maximum of ten years.

Will I get a criminal record for a first-time theft charge in Ottawa?

Not necessarily. Many first-time charges can be resolved through diversion or a discharge that avoids a registered conviction, depending on the facts and your history.

What is diversion, and am I eligible?

Diversion, often called the Direct Accountability Program, lets a first-time offender complete conditions in exchange for the charge being withdrawn. Eligibility depends on the circumstances, and we can advise you on your case.

Can I avoid a criminal record with a discharge?

Possibly. An absolute or conditional discharge under section 730 is a finding of guilt without a conviction, so it does not create a criminal record.

Can a theft conviction affect my job, immigration status or travel to the United States?

Yes. A theft conviction can affect employment and bonding, create immigration consequences for non-citizens, and affect entry to the United States, which is why avoiding a record matters.

What should I do if I have just been charged with theft in Ottawa?

Do not plead guilty or give a statement. Speak with a criminal defence lawyer first so your rights are protected and your options are preserved.

Free Consultation

If you have been charged with theft or another property offence in Ottawa, contact Brett McGarry for a free, no-obligation consultation. Call 613-884-8576 or contact us online.

For more questions about theft and property charges in Ottawa, see our criminal law FAQ.

This page provides general information about the law in Canada and is not legal advice. Every case depends on its own facts, and past results do not guarantee future outcomes.