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Types of Property Offences

Property Offences include the following charges in the Criminal Code of Canada: Robbery (Section 344) Break and Enter (Section 348) Unlawfully in a Dwelling (Section 349) Possession of Break-in Instruments (Section 351) Forceable Entry (Section 74) Motor Vehicle Theft (Section 333.1) Theft (Section 334) Fraudulent Concealment (Section 341) Theft and Forgery of a Credit Card (Section 342) Possession of Stolen Property (Section 355) Obtaining Property by False Pretences (Section 362) Forgery (Sections 366, 367, 368) Counterfeiting (Sections 449, 450, 452) Breach of Trust (Section 336) Fraud (Section 380) Fraudulently Obtaining Food (Section 364) Taxi Fraud (Section 393) Mischief (Section 430) Arson(Sections 433, 434) Unauthorized Use of Computer (Section 342.1) Identity Theft (Sections 402.2, 403) Our criminal defence lawyers routinely defend property offences in Mississauga, Brampton, Milton, Oakville, Burlington, Toronto, Vaughan, Newmarket, Orangeville, Hamilton, Barrie, Collingwood, and Wasaga Beach. 322. (1) Every one commits theft who fraudulently and without colour of right takes, or fraudulently and without colour of right converts to his use or to the use of another person, anything, whether animate or inanimate, with intent (a) to deprive, temporarily or absolutely, the owner of it, or a person who has a special property or interest in it, of the thing or of his property or interest in it; (b) to pledge it or deposit it as security; (c) to part with it under a condition with respect to its return that the person who parts with it may be unable to perform; or (d) to deal with it in such a manner that it cannot be restored in the condition in which it was at the time it was taken or converted.

How can a criminal lawyer help with my theft or shoplifting charge?

Our Criminal Lawyers handle various property offence charges, from shoplifting charges to theft under $5000 and theft over $5000, to fraud and possession of property obtained by crime. These are all property related offences. Our criminal lawyers represent clients charged with all types of theft offences across the Greater Toronto Area, including Brampton, Mississauga, Orangeville, Milton, Newmarket, Toronto, Barrie, Hamilton, Burlington and Oakville. Contact our criminal lawyers today for your free phone consultation where you will speak to an experienced criminal lawyer immediately who will determine how we can assist with your case. If you have been charged with a theft or fraud related offence in Brampton or Milton court, you need an experienced Brampton Criminal Lawyer who can represent your case in the best possible manner. Call our criminal lawyers today if you have been charged with theft, shoplifting, fraud, breach of trusy, possession of property obtained by crime, or mischief. Our criminal lawyers have the knowledge and experience to handle your case. Our criminal lawyers often get the results you desire, and we also handle your civil file when a department store seeks civil compensation for the theft, such as Walmart. We provide our clients with a number of additional services post-charge, such as the removal of fingerprints in the police system. Call us and inquire about how your fingerprints, if left in the system, can cause potential problems for you in the future, such as career opportunities or travel to the U.S. We handle your case confidentially, discretely and as fast as possible, so you can return to your everyday life.

What happens when I am charged with shoplifting?

Theft, or commonly called shoplifting, charges can occur when someone is shopping in a department store or grocery store and is apprehended by security for allegedly taking property without paying for it. You may be apprehended and held by store security until local police are called. The police will usually issue a Promise to Appear form, which identifies your first court date as well as a fingerprints date that you must attend. It is very important to contact our lawyers immediately after you are charged with a shoplifting offence, since we are usually able to put a plan into place that will assist with getting a successful outcome for your case without delay. Having a criminal record for a theft charge is not something that our clients want on the system, as it can sometimes impede with future job opportunities and travel. Our criminal lawyers handle your theft charge discretely, and you will not have to attend court unless we require you to. We attend court on your behalf and we commonly achieve a successful result, such as withdrawal of all charges, without the need for a trial. We ensure that all of the disclosure materials that you are entitled to are provided by the Crown. If other evidence, such as surveillance or another form of objective evidence is available, we commonly ensure this evidence is made available by the courts. Our law firm commonly deals with theft and shoplifting charges in Brampton, Mississauga, Milton, Oakville, Burlington, Toronto, Etobicoke, Collingwood, Wasaga Beach, Oshawa, Barrie and Hamilton. Entrust our lawyers with your shoplifting or theft charge and we will make your case our priority. Our priority is always to have your charge withdrawn as quickly as possible, and do not recommend pleading guilty to any theft, fraud or possession of stolen property charges. Our Criminal Lawyers always work towards getting you case withdrawn so that you do not have a permanent criminal record. If you have been charged for the first time, call our criminal lawyers immediately so we can ensure that your case in handled properly from the beginning. Theft is a serious criminal offence, and our lawyers have the experience to handle your charge. Call us today for a free consultation.

Our Lawyers represent clients charged with Property Offences



There must be specific intent of the accused to deprive the property owner of their property. Some defences will include: the accused paid for the property (colour of right); the accused was given the property; the accused honestly but mistakenly believed the property was theirs (honest but mistaken belief); the accused forgot they were in possession of it



Section 380 (1) outlines that "Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service."



Section 430 (1) states "Every one commits mischief who wilfully (a) destroys or damages property; (b) renders property dangerous, useless, inoperative or ineffective; (c) obstructs, interrupts or interferes with the lawful use, enjoyment or operation of property".

breaking and entering dwelling

Break and Enter

Section 348 (1) ountlines that "Every one who (a) breaks and enters a place with intent to commit an indictable offence therein, (b) breaks and enters a place and commits an indictable offence therein, or (c) breaks out of a place after (i) committing an indictable offence therein, or (ii) entering the place with intent to commit an indictable offence therein."



366 (1) Every one commits forgery who makes a false document, knowing it to be false, with intent (a) that it should in any way be used or acted on as genuine, to the prejudice of any one whether within Canada or not; or (b) that a person should be induced, by the belief that it is genuine, to do or to refrain from doing anything, whether within Canada or not. Marginal note: Making false document (2) Making a false document includes (a) altering a genuine document in any material part; (b) making a material addition to a genuine document or adding to it a false date, attestation, seal or other thing that is material; or (c) making a material alteration in a genuine document by erasure, obliteration, removal or in any other way.

employee breach of trust

Breach of Trust

Section 122 states that "Every official who, in connection with the duties of his office, commits fraud or a breach of trust is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years, whether or not the fraud or breach of trust would be an offence if it were committed in relation to a private person."

employee theft

Possession of Stolen Property

Section 354 (1) states "Every one commits an offence who has in his possession any property or thing or any proceeds of any property or thing knowing that all or part of the property or thing or of the proceeds was obtained by or derived directly or indirectly from (a) the commission in Canada of an offence punishable by indictment; or (b) an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence punishable by indictment."

arson crime


Section 433 outlines "Every person who intentionally or recklessly causes damage by fire or explosion to property, whether or not that person owns the property, is guilty of an indictable offence and liable to imprisonment for life where (a) the person knows that or is reckless with respect to whether the property is inhabited or occupied; or (b) the fire or explosion causes bodily harm to another person."

Access the Criminal Code of Canada here

Property Offence Cases in the News

  Sep 19, 2014 The Canadian Press

Police arrest 3 after theft of beer worth $25,000

Peel region police say they have arrested three people following the theft of $25,000 worth of beer from a business east of London...

  Sep 16, 2014 QMI Agency

Ontario police on the case in beer theft

Ontario Provincial Police are investigating the theft of a tractor-trailer containing approximately $25,000 worth of beer...

  Oct 7, 2014 The Canadian Press

Franzie Colaco of Brampton, Ont. sentenced to 9 years by U.S.

The U.S. Department of Justice says a Brampton, Ont., man has been sentenced to nine years in prison for defrauding the U.S. taxman for millions of dollars...

  Jun 16, 2014 The Canadian Press

London, Ont. Mayor Joe Fontana resigns after fraud conviction

The mayor of London, Ont., who was convicted last week on three fraud-related charges from his time as a federal Liberal cabinet minister, announced Monday that he is stepping down...

  Jul 11, 2014

Police Arrest Two Suspects In Arson

Police say that after an extensive investigation, they identified two suspects and on Thursday July 10th officers arrested a 16-year-old Windsor teenager and an 18-year-old Tecumseh man...

  Mar 3, 2014 James Langton,

Ontario man charged with fraud, forgery

An Ontario man is facing both criminal charges and an administrative hearing into securities fraud allegations brought by the Ontario Securities Commission (OSC)...

  Jul 18, 2014 The Royal Canadian Mounted Police

Former Passport Canada Employee charged with Breach of Trust

In March of 2013, the Greater Toronto Area (GTA) RCMP was contacted by CIC - Passport Program investigators who suspected one of their employees of processing a number of fraudulent passport applications...

  Feb 21, 2014 Crime Stoppers

Daytime Break and Enter – Dufferin

Investigation revealed that unknown suspect(s) attended the garage at the residence between 10:00 am...

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