Theft Under $5000 & Shoplifting
Theft under $5,000 is a hybrid Criminal Code offence that can result in a permanent criminal record, even for first-time offenders. Skilled defence can lead to diversion, reduced charges, or outright acquittal.
The Basics
What is theft under $5000 & shoplifting?
Theft under $5,000 is defined under Section 334(b) of the Criminal Code of Canada. It covers any act of stealing property valued at less than $5,000 — including shoplifting, employee theft, and fraud-related taking. The Crown can proceed either by summary conviction (less serious) or by indictment (more serious), depending on the circumstances and the accused's prior record.
Consequences
What you're facing
- 1Permanent criminal record that affects employment, immigration, and travel
- 2Up to 2 years less a day in jail on summary conviction, or up to 10 years on indictment
- 3Fines and restitution orders imposed by the court
- 4Difficulty obtaining professional licences, security clearances, or volunteer positions
- 5Potential deportation for non-citizens convicted of a criminal offence
- 6Civil recovery demands from retailers (separate from criminal proceedings)
Our Approach
How we can help
We conduct a thorough review of the Crown's disclosure, identify weaknesses in the evidence (e.g., lack of intent, mistaken identity, Charter violations), and negotiate aggressively. For first-time offenders, we pursue diversion programs or peace bonds that keep your record clean. Where the evidence is strong, we negotiate down to lesser offences or minimize sentencing.
- We appear in court for you
- Full disclosure review
- Prosecutor negotiations
- Flat-fee, no surprises
Common questions
Theft Under $5000 & Shoplifting FAQs
Straight answers about traffic tickets, court process, and how we work.
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