Shoplifting, Theft, Robbery, Fraud, and Property Crimes Defence Lawyer in Brampton
The Criminal Code of Canada defines a variety of various property crimes including shoplifting, theft, robbery, and fraud. Each of the criminal offences vary in severity of consequences if convicted and found guilty. Regardless of the type of offence, it is important to take any type of property crime one is charge with seriously.
The outcome could have serious impacts of your life, employment and ability to provide support for your family. For instance, if you are found guilty of shoplifting from a store in a shopping centre, part of your sentencing could include be banned from the shopping centre under the Trespass to Property Act.
Regardless of the type of property crime offence you have been charged with, it does not necessarily mean you will be convicted and found guilty of the offence. In 2016, there were almost 320,000 reported property offences. If you compare this to the almost 16,000 property offences where the person was found guilty from 2015, you can see there is a good chance of not being convicted as long as you have help from our skilled property crimes defence lawyer in Brampton at Manbir Sodhi Law.
What Is Shoplifting?
Shoplifting is a form of theft. It is the taking of another’s property without the permission or knowledge of the owner of the property. This type of offence typically involves stealing merchandise from a store and leaving without paying for it.
What Is Theft?
Theft is the criminal offence of obtaining money or property owned by another without their knowledge or permission. The offence could also include obtaining property from another under false pretenses with the intention of not returning the property.
For instance, you get permission to borrow your neighbour’s bike, but decide later you are going to keep it and not return it. Even though your neighbour initially gave their permission to use the bike, not returning it would be considered theft.
What Is Robbery?
Robbery is sometimes confused with theft. While it has several similar elements, like the taking of another’s property or money, there is a key difference. With robbery, the property or money is obtained through means of force or coercion. For example, you enter a store and tell the cashier to give you all the money in the register while threatening to use a weapon against them if they do not comply.
What Is Fraud?
Fraud is another criminal offence that is sometimes confused with theft. Fraud is the act of obtaining money, property, security or service through some falsehood or deceit. Fraud can also include identify theft. Fraud can be committed with or without the knowledge of the victim.
For instance, you offer to prepare tax returns for people and collect a fee for your service upfront. However, you never prepare or file the tax returns and instead just pocket the money you obtained from each person.
How Property Crimes Are Investigated
There are different means by which property crimes are investigated. For shoplifting offences, in most cases a security officer or loss prevention officer will have caught you in the act of attempting to commit the crime. They will detain you until the police arrive.
For other types of property offences, the police are contacted at some point once it is discovered a property crime has occurred. Depending on the crime, the police may have gathered evidence to determine you are their primary suspect.
Depending on the type of property crime, the police may even obtain a search warrant to search your home, place of employment, vehicle, or electronic devices for signs of criminal activity. Once the police have sufficient evidence, they will arrest and charge you with the property crime.
Upon arrest, you have the right to speak to your own property crimes lawyer in Brampton prior to being interviewed by the police. You also have the right to a bail hearing to secure your release.
Severity of Punishments for Property Crimes
A key factor used when someone has been convicted and found guilty of a property crime is the monetary value of the offence. The law makes a distinction between property crimes valued under $5,000 and those valued at $5,000 or more. Those above $5,000 have harsher punishments, like longer imprisonment periods.
It is vital to contact our Brampton theft, robbery, fraud and property crimes lawyer at Manbir Sodhi Law as soon as possible for a FREE consultation and to secure the best outcome possible.