Toronto Theft and Robbery Lawyer

Updated 21 October 2026

Theft of $5,000 or less carries at most two years, and a first shoplifting charge can often end in diversion with no criminal record. Theft over $5,000 carries up to ten years. Robbery, which is theft with violence, threats or a weapon, carries up to life, with a five-year minimum when a restricted or prohibited firearm is used.

What counts as theft in Canada?

Theft is defined in s. 322 of the Criminal Code. A person commits theft who "fraudulently and without colour of right" takes something, or converts it to their own use or someone else's, intending to deprive the owner of it, temporarily or absolutely. Each part of that definition is something the Crown has to prove:

• A taking or a conversion. Picking up goods and leaving with them is a taking. Keeping or using something you were lawfully given, such as an employer's property, in a way the owner did not allow is a conversion.
• Fraudulently. The act has to be dishonest. An honest mistake, such as walking out with an item you forgot was in the cart, is not theft.
• Without colour of right. A person who honestly believes they have a legal right to the thing, even if the belief turns out to be wrong, has a defence.
• Intent to deprive. Even a temporary deprivation is enough.

One rule surprises many people. Under s. 322(2), theft is complete when a person, intending to steal, moves the thing or causes it to be moved. In a shoplifting case that means the Crown does not have to prove you left the store. Concealing an item with the intent to steal it can be enough, which is why the evidence about intent, often a few seconds of video, usually decides these cases.

Theft over and under $5,000: what is the difference?

The value of what was taken decides the penalty under s. 334. Both charges are hybrid, which means the Crown chooses whether to proceed by indictment or summarily.

• Theft of $5,000 or less carries up to two years on indictment. Summarily, the general limit in s. 787 applies: two years less a day, a $5,000 fine, or both. It is within the absolute jurisdiction of the Ontario Court of Justice under s. 553, so the case is tried by a provincial court judge, without a jury, whichever way the Crown proceeds.
• Theft over $5,000, or of a will or other testamentary instrument, carries up to ten years on indictment. It has been hybrid since 2019, so the Crown can also proceed summarily. On indictment, the accused chooses a provincial court judge, a Superior Court judge alone, or a judge and jury.

Neither charge has a minimum sentence, so the full range is open on both: an absolute or conditional discharge, a suspended sentence with probation, a fine, a conditional sentence served in the community, or jail. In practice the value and the person's record shape the outcome far more than the label on the charge, along with whether there was a breach of trust and whether the property was returned.

The value is part of the allegation and can be challenged. Retail prices and the condition of used goods are open to dispute, as is whether some items were paid for, and a few hundred dollars can move a case across the line.

Theft and fraud overlap, and the $5,000 line works the same way for both. Our guide to fraud over and under $5,000 explains how the line affects the court, the sentence and the record.

Theft, robbery and property offences at a glance

Criminal Code ss. 322 to 355, 430, 730 and 787. Summary convictions carry up to two years less a day, a $5,000 fine, or both. Current to the laws-lois consolidation of 30 September 2026.

What happens after a shoplifting charge in Toronto?

Many shoplifting cases begin with store loss-prevention staff calling police. If a charge is laid, the person is often released with a court date, and the first appearance is where the Crown's position, including any diversion offer, is first made known.

Diversion is the outcome most people charged with a first shoplifting offence are hoping for. It means completing something like community service, counselling, a charitable donation or a letter of apology, after which the Crown withdraws or stays the charge. Legal Aid Ontario explains that a withdrawn charge leaves no criminal record for a person who did not have one before.

Ontario prosecutors decide diversion under the Crown Prosecution Manual directive on community justice programs. Theft and shoplifting are eligible. Robbery, home invasions and offences involving firearms never are. The Direct Accountability Program, which the directive says is in place in most jurisdictions across Ontario, is one example. In deciding, the Crown must weigh factors that include any prior record or past diversion, remorse and willingness to take part, any restitution already made, and whether there was a breach of trust.

Since 18 July 2026, the Protecting Victims Act (formerly Bill C-16) has also put alternative measures for adults into a new Part XXII.2 of the Criminal Code, replacing the old ss. 716 and 717. The key rules:

• Police and Crown must consider it. Under s. 715.47, a police officer must consider taking no action, a warning, or a referral before laying a charge, where that is appropriate and does not put public safety at risk. Section 715.48 puts a similar duty on prosecutors before they start or continue a prosecution.
• You must accept responsibility. Under s. 715.49, the person must consent, must have been told of the right to a lawyer, and must accept responsibility for the act. The Crown must also believe there is enough evidence to prosecute. Alternative measures cannot be used for someone who denies involvement or wants the charge dealt with in court (s. 715.5).
• What you say cannot be used against you. An admission made as a condition of alternative measures is not admissible in any civil or criminal case (s. 715.51).
• Completion ends the charge. If a charge is laid and the court is satisfied that the person fully complied, it must dismiss the charge (s. 715.52).

Diversion is not automatic, and it is not always offered at the first appearance. Where it is not, a lawyer can raise it at a Crown pre-trial with information the Crown may not have: the person's background, steps already taken, and anything weak in the evidence. Accepting diversion before reading the disclosure is rarely wise, because a case with an identification or intent problem may not need it.

What is possession of stolen property?

Under s. 354, it is an offence to possess property, or the proceeds of property, knowing that it was obtained by an indictable offence. The charge is usually called possession of property obtained by crime, and the penalties in s. 355 follow the same $5,000 line as theft: up to two years for $5,000 or less, and up to ten for more, both hybrid.

The issue is almost always knowledge. A person who bought a phone or a bicycle that turns out to be stolen has not committed this offence unless the Crown proves they knew. A very low price, a seller who cannot be traced, or a missing serial number can be evidence of knowledge, but the Crown still has to prove it beyond a reasonable doubt. For vehicles, s. 354(2) creates a presumption: a vehicle or part whose identification number has been removed or obliterated is presumed, without evidence to the contrary, to have been obtained by crime. Possession itself has the meaning in s. 4(3), so knowledge and control matter here as much as in a gun case.

What is the charge for break and enter?

Section 348 covers breaking and entering a place with intent to commit an indictable offence there, breaking and entering and committing one, and breaking out afterwards. The penalty depends entirely on the place.

• A dwelling-house carries a maximum of life imprisonment and is indictable only. A discharge is not available, and the accused can elect a jury trial and ask for a preliminary inquiry.
• Any other place, such as a store, a garage or a trailer, carries up to ten years on indictment, or can be prosecuted summarily.

Section 348(2) gives the Crown a presumption: proof that a person broke and entered is, without evidence to the contrary, proof that they intended to commit an indictable offence inside. Under s. 348.1, if a home was occupied, the person knew it or was reckless about it, and violence or threats were used, the court must treat that as an aggravating factor at sentencing.

Bail changed for home break-ins on 15 July 2026. The Bail and Sentencing Reform Act (formerly Bill C-14) added break and enter of a dwelling-house to the reverse-onus list in s. 515(6)(a)(xiii). The accused must now show why detention is not justified, by clearly demonstrating that the proposed release plan addresses the risks.

Our guide to the 2026 bail changes explains what that means for families acting as sureties.

What are the penalties for motor vehicle theft?

Stealing a vehicle is a separate offence under s. 333.1, and Parliament added heavier forms of it in 2024 and tightened its bail rules in 2026.

• Motor vehicle theft, s. 333.1(1). Up to ten years on indictment, with a minimum of six months on a third or later offence, or up to two years less a day summarily. Earlier convictions count toward the third offence whether they were prosecuted summarily or by indictment.
• With violence, s. 333.1(3). Where violence against a person is used, threatened or attempted, as in a carjacking, the offence is indictable only, with a maximum of 14 years.
• For a criminal organization, s. 333.1(4). Also indictable only, with a maximum of 14 years. These two offences were added by S.C. 2024, c. 17.

Since 15 July 2026, a charge under s. 333.1(3) or (4) puts the onus on the accused at bail under s. 515(6)(a)(xi). Separately, altering, removing or obliterating a vehicle identification number is an offence under s. 353.1, with a maximum of five years.

What is robbery, and how is it different from theft?

Robbery is theft plus violence or a weapon. Under s. 343, a person commits robbery who:

• steals, and uses violence or threats of violence to a person or property to extort what is stolen or to overcome resistance;
• steals from a person and wounds, beats, strikes or uses personal violence on them at the time or immediately before or after;
• assaults a person with intent to steal from them; or
• steals from a person while armed with an offensive weapon or an imitation of one.

The difference matters enormously. A shoplifting case that turns into a struggle with a security guard can be charged as robbery, which moves it from a two-year maximum to a life maximum and out of the diversion program. Exactly what force or threat was used, against whom and when, is often the whole case.

Is there a minimum sentence for robbery?

Only where a firearm is involved in particular ways. Under s. 344(1)(a), if a restricted or prohibited firearm is used, or any firearm is used for a criminal organization, the minimum is five years for a first offence and seven for a second. An earlier robbery or firearm conviction counts as a prior only if it came within ten years, not counting time in custody.

Robbery with any other firearm, such as an ordinary rifle or shotgun, used to carry a four-year minimum under s. 344(1)(a.1). Parliament repealed it in 2022 (S.C. 2022, c. 15). In every other robbery there is no minimum, so the sentence is decided on the facts, from a suspended sentence or a conditional sentence in the less serious cases to a long penitentiary term. A discharge is never available, because the maximum is life.

Weapons add separate charges. Using a real firearm is dealt with inside s. 344, because s. 85(1) excludes robbery. Using an imitation firearm is different: s. 85(2) has no such exclusion, so it can be charged as well, with a maximum of 14 years and a sentence that must be served consecutively.

Bail is harder for robbery with a firearm. Under s. 515(6)(a)(vii), robbery allegedly committed with a firearm is a reverse-onus charge, and since July 2026 the accused must clearly demonstrate that the release plan addresses the risks. A robbery without a firearm usually leaves the onus on the Crown, unless another trigger applies, such as an allegation that it is the person's third indictable offence involving violence.

Robbery cases Robb has defended

R. v. Kidane was a charge of armed robbery with a firearm, heard by a jury in the Superior Court of Justice in June 2013. Three Toronto police officers testified that they watched the robbery from a surveillance van about twenty feet away, and the co-accused pleaded guilty on the first day of trial. Robb's cross-examination exposed inconsistencies in the officers' accounts, and the jury acquitted his client of all charges.

Read the full R. v. Kidane case result.

In Project Fusion, a Toronto Police Gun and Gang Task Force operation, Robb's client was arrested on weapons, robbery and drug-related charges. During the preliminary inquiry, Robb challenged whether there was enough evidence to send his client to trial, and before the inquiry concluded he negotiated to have all charges against his client withdrawn.

The gun charges that often come with an armed robbery are covered on the weapons offences page.

What about mischief and identity theft?

Mischief under s. 430 covers wilfully damaging property, making it useless, or interfering with its lawful use. It follows the $5,000 line too: up to two years for property worth $5,000 or less and up to ten years above that, both hybrid. Mischief causing actual danger to life carries a maximum of life.

Identity theft and identity fraud are charged under ss. 402.2 and 403 and are usually prosecuted alongside fraud.

Those charges are explained on the page for anyone facing a fraud charge in Toronto.

Can you get a discharge or a conditional sentence for theft?

Often, yes. A discharge under s. 730 is a finding of guilt with no conviction. It is available for any offence without a minimum and with a maximum below 14 years, which covers theft and possession of stolen property at any value, as well as mischief and break and enter of a place other than a home. Under s. 6.1 of the Criminal Records Act, a federal record of an absolute discharge cannot be disclosed after one year, or of a conditional discharge after three, without the Minister's approval.

A conditional sentence lets a sentence of less than two years be served in the community. Under s. 742.1, it is available where there is no minimum, the court is satisfied the community would not be endangered, and the offence is not on the excluded list. None of the theft or property offences above is on that list.

Will I have to pay the money back?

If you are found guilty, probably. Whether the court convicts or grants a discharge, s. 737.1 requires it to consider a restitution order. Under s. 738(1)(a), the amount for lost or damaged property can be up to its replacement value, less the value of anything returned, as long as the amount can readily be worked out. Repayment before sentencing, or before a diversion decision, can count in your favour, but how and when it is done should be decided with a lawyer.

How does a theft or robbery charge affect your record and immigration?

• Record suspensions. Under s. 4 of the Criminal Records Act, you can apply five years after a summary sentence is complete and ten years after a sentence on indictment, counting from the end of any probation and payment of any fine.
• Permanent residents and foreign nationals. Under s. 36 of the Immigration and Refugee Protection Act, a conviction for an offence with a maximum of ten years or more is serious criminality whatever the sentence. That captures theft or possession of property over $5,000 and motor vehicle theft. Break and enter and robbery are caught too. Hybrid offences count as indictable even when prosecuted summarily.
• Theft under $5,000. For a permanent resident it is serious criminality only if a sentence of more than six months is imposed. A foreign national, such as a student or worker, is inadmissible for criminality on any conviction for it.
• Travel. Entry to the United States and other countries is decided under their own law, and a theft conviction can lead to refusal. Get advice from a US immigration lawyer before travelling.

Diversion and a discharge are not convictions, which is why they matter so much to anyone who is not a citizen. Raise your status at the first meeting, before any plea discussion.

Our record suspension guide explains how to apply once you are eligible.

Common defences to theft and robbery charges

• Identification. Store video is often low-resolution and shot from above, and it may last only seconds. Witnesses to a robbery may have seen a stranger for seconds, under stress. The quality of the identification is the first thing to test.
• Intent. Distraction or confusion at a self-checkout is not a dishonest intent to deprive, and neither is a genuine misunderstanding with an employer.
• Colour of right. An honest belief that you were entitled to the property is a defence, even if the belief was mistaken.
• Value. The Crown has to prove the value that puts a charge over $5,000.
• Knowledge. For stolen property, the Crown must prove you knew it was stolen.
• The use of force. In a robbery, exactly what force or threat was used, by whom and when, decides whether the charge is robbery or theft.
• The search. When police search a bag, a car or a home, the Charter limits apply, and evidence found in an unlawful search can be excluded.

How Robb defends theft and robbery charges

Robb MacDonald has practised criminal defence for more than 20 years. He earned his J.D. at Queen's University in 2006, was called to the Ontario bar in 2007, and trained under Edward Greenspan QC. On a theft or robbery file his work usually includes:

• Diversion first, where it fits. For a first shoplifting or theft charge, a resolution that leaves no record is the first goal.
• The video and the paperwork. Store footage and loss-prevention reports read against the police notes, and both measured against what the Crown has to prove.
• The bail plan. On a home break-in, a violent vehicle theft or a robbery with a firearm, a plan that meets the new reverse-onus test.
• Resolution or trial. Where it serves the client, a withdrawal, a peace bond, or a plea that keeps a discharge available. Otherwise, a trial that holds the Crown to its burden.

If you have been charged, do not explain yourself to store staff, police or your employer before you get advice, and do not post about it. If a young person is charged, the youth rules apply, and our page on youth criminal charges explains them.

More outcomes are on the case results page. If you are facing a theft, shoplifting or robbery charge in Toronto, call (416) 315-1505, day or night. Consultations are free and confidential.