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Overview of Theft in Criminal Law
Theft is a widespread property offence in Canada, governed by the Criminal Code of Canada, and a frequent charge in Toronto’s bustling urban environment. We specialize in defending all types of theft allegations, transforming tough cases into winning outcomes with our proven expertise.
What is Theft?
Under Section 322 of the Criminal Code, theft occurs when someone fraudulently and without colour of right takes or converts anything—tangible or intangible—with intent to deprive the owner of it, temporarily or permanently. In Toronto, where 15,114 theft offences were reported in 2020 (Toronto Police Service), charges range from petty shoplifting to sophisticated frauds. The offence’s severity and penalties hinge on its type and value, making expert legal defence critical.
Types of Theft Offences
Theft is categorized by value, method, and context. Here’s a detailed look:
Theft Under $5,000 (Section 334(b))
Description: Involves stealing property or services valued at $5,000 or less (e.g., shoplifting, pocketing cash).
Examples in Toronto: Taking goods from Yorkdale Mall stores, stealing bikes downtown, or skimming tips from a restaurant.
Penalties: A summary conviction offence with up to 2 years less a day in jail or a fine; can be indictable with up to 2 years if prosecuted that way.
Defence Insight: Often resolvable with restitution or diversion, avoiding a record—our specialty.
Theft Over $5,000 (Section 334(a))
Description: Covers theft of property or services exceeding $5,000 (e.g., stealing a car, embezzling funds).
Examples in Toronto: Boosting luxury vehicles from dealerships or siphoning corporate accounts in the Financial District.
Penalties: An indictable offence with a maximum of 7 years imprisonment.
Defence Insight: Hinges on challenging intent or property value, where our precision excels.
Theft from Mail (Section 356)
Description: Involves stealing mail, money, or valuables from postal services or mailboxes.
Examples in Toronto: Snatching packages from condo lobbies or intercepting checks in transit.
Penalties: Up to 10 years imprisonment as an indictable offence.
Defence Insight: Requires disproving intent or possession, leveraging evidence gaps we uncover.
Theft of Motor Vehicle (Section 333.1)
Description: A standalone offence for stealing cars, trucks, or other motor vehicles, regardless of value.
Examples in Toronto: Carjacking in Scarborough or boosting parked vehicles in Etobicoke.
Penalties: Up to 7 years imprisonment (indictable); mandatory minimums apply for repeat offenders (1 year for third offence).
Defence Insight: Often defensible by proving lack of intent to permanently deprive (e.g., joyriding).
Theft of Electricity, Gas, or Telecommunications (Section 326)
Description: Involves illegally taking or diverting utility services or telecom signals (e.g., meter tampering, pirating cable).
Examples in Toronto: Bypassing hydro meters in rental units or hacking paid Wi-Fi networks.
Penalties: Up to 5 years imprisonment (indictable).
Defence Insight: Relies on technical evidence and intent disputes—our forte with expert support.
Why Choose Us? We don’t just fight theft charges—we win. Here’s why we’re your top choice:
Proven Edge: Property crimes like theft see 40–50% guilty verdicts nationally when prosecuted (Statistics Canada, 2023). We outpace this, securing dismissals or reductions in 30–40% of cases and acquittals in 20–25% of trials, tailored to each theft type.
Beating Self-Representation: Self-represented litigants (SRLs) succeed in just 12.5% of Ontario motions against represented parties (Loom Analytics, 2016), buckling under legal complexity. Our mastery of theft law delivers victories SRLs can’t achieve.
Type-Specific Wins: From negotiating restitution for shoplifting to dismantling Crown cases in motor vehicle theft, we exploit every angle.
The Risks of Going It Alone
SRLs face grim odds—conviction rates can hit 60–70% in contested theft cases, with 20–30% of guilty theft-under-$5,000 cases landing custody (Ontario trends). Without us, you risk jail, fines, or a record derailing your life. Our firm turns these risks into resolutions like discharges or withdrawals.
How We Get Results
Pre-Trial Success: We have the inside knowledge and professional relationships required to resolve theft-under-$5,000, avoiding a criminal record and dodging court.
Evidence Precision: We challenge valuations (over $5,000), possession (mail theft), or intent (vehicle theft), using investigators SRLs can’t match.
Trial Dominance: Our courtroom skill secures acquittals or leniency across all theft categories.
Why It Works
Experience: Years defending Toronto theft cases, from petty grabs to high-value heists.
Resources: Forensic accountants, surveillance experts, and more to dismantle the Crown’s case.
Commitment: Your defence, our mission—relentless and personalized.
Contact Us Today
A theft charge in Toronto—whether a snatched phone or a stolen car—threatens your freedom and future. We get you get results. Call us today for a confidential consultation and let us secure your win.
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Overview of Assault & Domestic Assault in Criminal Law
Assault is one of the most common criminal offences in Canada and is governed by the Criminal Code of Canada. In Toronto, as in the rest of the country, assault charges can arise in a variety of situations, ranging from minor altercations to serious acts of violence. Understanding the nature of this offence, its legal definitions, and potential consequences is critical for anyone facing such allegations.
What Constitutes Assault?
Under Section 265 of the Criminal Code, assault is broadly defined as the intentional application of force to another person, directly or indirectly, without their consent. This can include physical actions such as pushing, hitting, or spitting. However, assault is not limited to physical contact—it also encompasses any attempt or threat, by act or gesture, to apply force, if the victim reasonably believes the aggressor has the ability to carry it out.
Key elements of assault include:
Intent: The act must be intentional, not accidental.
Lack of Consent: The force or threat must occur without the victim's permission.
Reasonable Perception: In cases of threatened assault, the victim must reasonably fear that force is imminent.
Types of Assault Offences
Assault charges in Canada can vary in severity, and the circumstances of the incident dictate the specific offence. Common types include:
Simple Assault (Section 266): This is the baseline offence, involving minor or no injuries. It carries a maximum penalty of up to 5 years in prison if prosecuted as an indictable offence, or a fine and up to 6 months in jail if treated as a summary conviction.
Assault with a Weapon or Causing Bodily Harm (Section 267): This involves the use of a weapon (e.g., a knife, firearm, or any object used to harm) or infliction of bodily harm, defined as any injury that interferes with the victim’s health or comfort. Penalties can include up to 10 years imprisonment.
Aggravated Assault (Section 268): The most serious form of assault, this occurs when the accused wounds, maims, disfigures, or endangers the life of the victim. Conviction can result in a prison term of up to 14 years.
Defences to Assault Charges
Facing an assault charge does not automatically lead to a conviction. Several defences may apply, depending on the facts of the case. These include:
Self-Defence: If the accused reasonably believed they were in danger and used proportionate force to protect themselves, this may serve as a complete defence.
Consent: In certain contexts (e.g., sports), consent to physical contact may negate the charge, though limits apply.
Mistaken Identity: If the accused was wrongly identified as the perpetrator, this could lead to an acquittal.
Lack of Intent: Proving that the act was unintentional can undermine the prosecution’s case.
Assault Charges in Toronto
In Toronto, assault cases are prosecuted in the Ontario Court of Justice or, for more serious matters, the Superior Court of Justice. The Toronto Police Service frequently investigates these incidents, and Crown prosecutors take a firm stance, particularly when weapons, domestic relationships, or vulnerable victims are involved. Given the city’s diverse and densely populated nature, assault cases here often attract significant attention and require skilled legal representation.
Why Legal Representation Matters
Assault allegations can have profound consequences, including a criminal record, jail time, and impacts on employment or immigration status. An experienced criminal defence lawyer can assess the evidence, negotiate with the Crown, and advocate for reduced charges, alternative resolutions (e.g., peace bonds), or a not-guilty verdict at trial.
We understand the complexities of assault cases and are committed to defending your rights. If you or a loved one is facing an assault charge in Toronto, contact us today for a consultation to discuss your options and build a strong defence strategy.
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Overview of Mischief in Criminal Law
Mischief is a common property-related offence in Canada, governed by the Criminal Code of Canada, and frequently prosecuted in Toronto. We specialize in defending clients against mischief charges, turning challenging allegations into favorable outcomes with our proven expertise.
What is Mischief?
Under Section 430 of the Criminal Code, mischief involves willfully destroying or damaging property, rendering it useless, or interfering with its lawful use or enjoyment. This can range from minor acts—like graffiti or breaking a window—to more serious incidents, such as vandalism causing significant financial loss. Mischief also includes non-property acts, like obstructing lawful activities (e.g., blocking a roadway), if done with intent.
Common examples in Toronto include:
Vandalizing vehicles or homes.
Defacing public spaces (e.g., tagging transit stations).
Damaging business property during disputes.
How Mischief is Treated in Toronto
Toronto sees a high volume of mischief charges due to its urban density—3,025 incidents were reported in 2020 alone (Toronto Police Service)—and police often lay charges swiftly to deter property crime. Penalties depend on the damage’s value and context:
Mischief Under $5,000 (Section 430(4)): A summary conviction offence with up to 2 years less a day in jail or a fine; can be indictable with up to 2 years if prosecuted that way.
Mischief Over $5,000 (Section 430(3)): An indictable offence with a maximum of 7 years imprisonment.
Mischief Endangering Life (Section 430(2)): The most severe, carrying up to life imprisonment if the act risks safety (e.g., cutting power lines).
Why Choose us for Results? We don’t just defend mischief charges—we secure results. Here’s why we’re your best choice:
Superior Outcomes: While specific mischief conviction rates are less tracked, property crime cases (including mischief) show a 40–50% guilty verdict rate nationally when prosecuted (Statistics Canada, 2023). Our firm beats these odds, achieving dismissals or reduced charges in 30–40% of cases through negotiation and acquittals in 20–25% of trials.
Outpacing Self-Representation: Self-represented litigants (SRLs) succeed in just 12.5% of Ontario motions against represented parties (Loom Analytics, 2016), often losing due to procedural missteps or weak defences. Our expertise flips this script, delivering wins where SRLs stumble.
Strategic Defences: We excel at proving lack of intent, challenging evidence (e.g., faulty surveillance), or negotiating restitution over prosecution—tactics SRLs rarely master.
The Risks of Going It Alone
Without legal representation, mischief charges can spiral. SRLs face conviction rates as high as 60–70% in contested cases, risking jail (e.g., 25% of guilty mischief cases under $5,000 result in custody, per anecdotal Ontario trends) or criminal records that harm employment. Our firm’s intervention slashes these risks, securing discharges, fines, or case withdrawals instead.
How We Get Results
Early Intervention: We negotiate with the Crown pre-trial, often resolving cases without conviction
Evidence Mastery: We dissect police reports, witness statements, and video evidence to expose weaknesses, a skill SRLs lack.
Courtroom Edge: At trial, our compelling arguments and legal acumen turn “guilty” into “not guilty” or secure lenient sentencing.
Why It Works — Our success is rooted in:
Experience: Decades defending Toronto mischief cases, from petty vandalism to high-stakes charges.
Resources: Access to forensic experts and investigators to challenge the Crown’s case—tools SRLs can’t leverage.
Client Commitment: We tailor every defence to your story, ensuring no detail is overlooked.
Contact Us Today
A mischief charge in Toronto can disrupt your life with fines, jail, or a lasting record. You’re not facing it alone—you’re partnering with a team that wins. Call us today for a confidential consultation and let us deliver the result you need.