Theft and shoplifting
Me Amar has represented individuals charged with various types of thefts. Some examples of cases she has defended include robbery cases, shoplifting cases, theft of a vehicle and theft from your employer. Me Amar analyzes the evidence brought against you thoroughly and will find your strongest defense. Furthermore, Me Amar understands how obtaining a criminal record from a simple shoplifting case, for example, can seriously harm your life and she will put all her efforts into making sure you avoid a criminal record wherever possible.
What is theft?
Sections 322 to 334 of the Canadian Criminal Code define the different forms of theft. These include infractions varying from simple theft to violent robberies. Theft is defined as the conversion of property that does not belong to you which brings on the deprivation to the legitimate owner. The simple act of moving somebody’s property can in certain circumstances constitute theft.
The severity of the accusation laid against you largely depends on the value of the property stolen, the complexity of the theft and whether you were in a position of authority or trust. Usually if the value of the stolen good is under $5000, you will be charged by way of summary conviction, whereas if the value is over $5000 you may be charged by way of indictable offence. An accusation of a sophisticated Ponzi scheme will be treated more seriously than a simple shop lifting case. Lastly, the Criminal Code treats thefts by a person who is in a position of trust or authority very sternly. In such a case, the Crown will almost always as for jail time as a sentence.
However, even a conviction of theft under $5000 may have serious consequences, limiting your professional avenues or restricting where you may travel. Hiring an experienced attorney is essential to protect you from these possible negative outcomes.
For more details, please see the appropriate section of the Criminal Code as found in the following link:
http://laws-http://laws-lois.justice.gc.ca/eng/acts/C-46/page-75.html#h-96
What defenses do I have?
Common defenses include either that your intent was not theft or that you are not the person that performed the crime.
It is incumbent on the Crown prosecutor to prove that you had the intent to steal the property in question. Me Amar will carefully go through the evidence and look for items such as whether there was a video, whether identification of the perpetrator is unclear, whether your intent is questionable, amongst other items. Me Amar will then give you her legal opinion on your best defense and together you will plan the path forward.