Will I Face Criminal Charges for Shoplifting?

Have you been charged with shoplifting? Now you realize that it was a stupid thing to do, but you got carried away and thought you could get away with it. You probably forgot about the CCTV cameras and the vigilant employees. Now that you have been caught and charged, the important thing is to understand that you may face criminal charges because shoplifting is a crime in Canada punishable by fine or imprisonment or both if you are found guilty.

Every year, about 50,000 people are charged with shoplifting in Canada and about half of them are people with no previous criminal records. Did the store’s security take your name and address when you were caught? They forward that to their lawyer who then writes a demand or civil recovery letter. You shouldn’t be cowed by the letter as it is a tactic often used by stores to intimidate you into paying a sum of money to the store, often more than what you have taken. If that happens, call your lawyer immediately. 

Two interesting things about shoplifting is that (1) you can be charged if you are accompanying a friend who has been caught shoplifting and (2) you can be charged even if you haven’t walked out of the store. The first is simply a case of being in the wrong place at the wrong time with the wrong person. You will be charged as an accomplice even if there is not enough evidence. The second is owing to the wording in Section 322(2) of the Criminal Code defines “The time a theft occurs” as the time a person “moves anything or causes it to move or to be moved or begins to cause it to become movable” with intent to steal that thing.

Penalties for Shoplifting:

• Theft under $5,000: If the total value of the items you have shoplifted does not exceed $5,000, then you will be charged with Theft under $5,000 described in Section 334(b) of the Criminal Code of Canada. Depending upon the amount stolen and the seriousness of the crime, you will be prosecuted for either a summary offence or an indictable offence. In the case of the former, the maximum penalty is 6 months’ imprisonment and/or $2,000 fine. In the case of the latter, the maximum penalty is 2 years’ imprisonment.

• Theft over $5,000: If the total value of the things you have shoplifted is equal to $5,000 or more, such as jewelry and expensive watches, then you may be charged with Theft over $5,000. This is an indictable offence with a maximum penalty of 10 years’ imprisonment.

Shoplifting has a social stigma and your name will be tainted forever if you are found guilty. Once you have been caught shoplifting and slapped with criminal charges, there is no point in denying or crying foul. You should hire a criminal defense lawyer without delay and have him or her to negotiate a withdrawal settlement. If that fails, then the lawyer will try to get you acquitted or have your sentence reduced. Donna V. Pledge is a reputed Toronto criminal defense lawyer who has over two decades of experience in successfully representing clients charged with shoplifting.