Theft Under/Over $5000 is one of the most common offences that Canadians face in the Criminal Justice System. A typical “Theft Under” charge happens where someone is accused of shoplifting. Although shoplifting does not appear to be serious, a conviction for shoplifting (typically prosecuted as a Theft Under) can carry with it a criminal record preventing the convicted person from entering the United States and/or getting employment.

Theft under the Criminal Code is found under S.322 of the Criminal Code. It is divided between Theft Under $5000 and Theft Over $5000. The Crown prosecutor will typically charge a person with Theft Under $5000 where the goods allegedly stolen are less than $5000. The Crown prosecutor will charge a person with Theft Over $5000 if the value of the goods are over $5000 (i.e., if the allegation is the theft of a car worth over $5000, for example).

Theft Under $5000 can be prosecuted as a summary or an indictable offence but is typically charged as a summary offence with less serious repercussions. As stated, a conviction for either Theft Over or Under $5000 will result in a criminal record. At Neaman & Company we strive to ensure that our clients do not receive a criminal record. If you are convicted of Theft Under or Over $5000 then we will make efforts to ask the judge that you receive a lesser punishment in the form of an absolute or conditional discharge. An absolute or conditional discharge means that your conviction will not appear on your criminal record.

If you are charged with Theft Under or Over $5000 then please call Noah Neaman at 778-881-1785 for a free consultation. Mr. Neaman will present many options including asking the Crown prosecutor to either drop the charge in exchange for Alternative Measures or a plea agreement can be struck for a discharge as discussed.


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