Property Offences

Theft and/or Shoplifting

Under Section 332(1) of the Criminal Code of Canada, theft is a criminal offence that involves taking someone else’s property without their permission and with the intent to deprive the owner of that property permanently.

The following elements must be present for behaviour to be considered theft:

  1. The offender takes or uses someone else’s property without their permission.
  2. The property in question belongs to someone else and has some value, either monetary or sentimental.
  3. The offender intends to deprive the owner of the property permanently.

Examples of theft include shoplifting, stealing someone’s car, or taking something that belongs to a friend without their permission.

Shoplifting is a form of theft under the Criminal Code of Canada that involves stealing goods from a retail store or other commercial establishment.

Shoplifting is defined as taking merchandise from a store without paying for it or attempting to conceal merchandise with the intent to steal it. The act of shoplifting can include hiding merchandise in a bag or clothing, switching price tags, or leaving the store without paying for the item.

Theft is categorized as either “theft under $5,000” or “theft over $5,000,” depending on the value of the property taken.

If you or someone you care about has been charged with Theft or Shoplifting, you need an experienced lawyer who will explain your options and fight for your legal rights. Contact O’Hara Law today at (519)-679-9250 to discuss your matter with Lucas O’Hara.

Fraud

Fraud is an offence under Section 380(1) of the Criminal Code of Canada that involves deception or dishonesty for financial or personal gain. It is considered a serious crime in Canada and can result in significant penalties, including fines and imprisonment.

The Criminal Code of Canada defines fraud as an act of deceit, falsehood, or other fraudulent means to defraud another person or organization. The offence involves intentional misrepresentation or deception to obtain something of value, such as money or property, from another person.

Fraud can take many forms, including:

  • Credit card fraud
  • Identity theft
  • Securities fraud
  • Insurance fraud
  • Real estate fraud
  • Telemarketing fraud
  • Pyramid schemes

The penalties for fraud can vary depending on the amount of money or value involved in the offence. Fraud under $5,000 is considered a less serious offence and carries a maximum penalty of two years imprisonment, while fraud over $5,000 is considered a more serious offence and carries a maximum penalty of 14 years imprisonment.

If you or someone you care about has been charged with a Fraud related offence, you need an experienced lawyer who will explain your options and fight for your legal rights. Contact O’Hara Law today at (519)-679-9250 to discuss your matter with Lucas O’Hara.

Possession of Stolen Property

Possession of stolen property is an offence under Section 354(1) of the Criminal Code of Canada. This offence involves knowingly possessing, buying, or trafficking in property that has been obtained through the commission of a criminal offence, such as theft or fraud.

To be found guilty of possession of stolen property, the prosecution must prove that a person knew or had reason to believe that the property was stolen or obtained through a criminal offence. The prosecution must also prove that a person had control or possession over the property.

The severity of the offence depends on the value of the property in question. Possession of stolen property valued at less than $5,000 is considered “possession of stolen property under $5,000” and carries a maximum penalty of two years imprisonment. Possession of stolen property valued at $5,000 or more is considered “possession of stolen property over $5,000” and carries a maximum penalty of ten years imprisonment.

It is important to note that possession of stolen property is a separate offence from theft or other property-related crimes.

If you or someone you care about has been charged with Possession of Stolen Property, you need an experienced lawyer who will explain your options and fight for your legal rights. Contact O’Hara Law today at (519)-679-9250 to discuss your matter with Lucas O’Hara.

Mischief

Mischief is an offence under Section 430(1) of the Criminal Code of Canada that involves intentionally damaging or destroying property that belongs to someone else, interfering with the lawful use, enjoyment, or operation of property, or rendering property dangerous, useless, or ineffective.

The following elements are usually present for behaviour to be considered mischief:

  1. The offender intentionally destroys, damages, or interferes with the lawful use, enjoyment, or operation of property that belongs to someone else.
  2. The property in question has some value, either monetary or sentimental.
  3. The offender does not have lawful justification or excuse for their behaviour.

Examples of mischief include vandalism, graffiti, and destruction of property.

Mischief is categorized as either “mischief under $5,000” or “mischief over $5,000,” depending on the value of the property damage or interference.

If found guilty of mischief, the offender may be required to make restitution for the property damage, and may also face a criminal record that can affect their ability to travel, find employment, and participate in certain activities.

If you or someone you care about has been charged with Mischief, you need an experienced lawyer who will explain your options and fight for your legal rights. Contact O’Hara Law today at (519)-679-9250 to discuss your matter with Lucas O’Hara.

Robbery

Robbery is an offence under Section 343 of the Criminal Code of Canada that involves the use or threat of violence to steal property from another person.

The definition of robbery under the Criminal Code of Canada includes the use of violence or threats of violence to:

  • Steal property from a person;
  • Attempt to steal property from a person; or
  • Rob a person immediately before or after assaulting them.

The use or threat of violence in a robbery is an aggravating factor that makes the crime more serious than theft. Robbery can occur in various settings, such as on the street, in a home, or in a commercial establishment. The use of a weapon, such as a gun or knife, during the commission of a robbery can also increase the severity of the offence.

If you or someone you care about has been charged with Robbery, you need an experienced lawyer who will explain your options and fight for your legal rights. Contact O’Hara Law today at (519)-679-9250 to discuss your matter with Lucas O’Hara.

Contact Lucas now if you are ready for experienced and compassionate representation