Property Offence Lawyer in Alberta
Theft Defence Lawyers in Alberta
Have you been arrested and charged with theft? If so, contact BW Law. We provide defendants with a seasoned and dedicated theft defence lawyer in Alberta. We represent individuals charged with property related crimes across the entire province.
For over two decades, we’ve provided comprehensive legal advice for clients of all backgrounds.
We believe that our clients are innocent until proven guilty. From the moment you come in for your consultation to when we leave the courtroom, you can feel confident that you have the most committed lawyers on your side.
What Is Theft?
According to s. 322(1) of the Criminal Code of Canada theft is a non-violent property offence. It is the act of taking someone else’s property without permission or consent. This goes for individuals who’ve taken property intending to keep it temporarily or permanently. Theft can include simply stealing property or belongings, but it can also involve damaging or altering the property somehow. There is a wide range of crimes included under theft. The Criminal Code divides theft under $5,000 and over $5,000. The higher the price or value of the stolen property, the more severe the penalties.
Four Kinds of Theft Defence
Denial of Offence
Outrightly denying that you had anything to do with the crime in any way shape or form.
No Intention
Arguing that you accidentally took property or belongings without intent to do so.
Colour of Right
When you took property believing you had a lawful right.
Duress
Arguing that you were forced or pressured into stealing by another person or entity or that you stole out of fear of what would happen if you refused.
What Are the Types of Property Crime?
- Shoplifting
- Possession of stolen property
- Stealing from a workplace
- Switching a price tag in a store
- Stealing a vehicle
- Identity theft
What Is Criminal Mischief?
According to s. 430(1) of Canada’s Criminal Code, committing criminal mischief comprises of willfully destroying or damaging property or making its condition dangerous, useless, or inoperative. Criminal mischief can prevent others from enjoying, operating, or spending time in or on the property. Any property damage or destruction done by a person with no legal right to do so can fall under criminal mischief. Common types of this crime include:
- Spraying graffiti on walls or property surfaces
- Breaking windows
- Damaging transit shelters
- “Egging” Property
What Is Breaking & Entering?
Breaking and entering happens in three ways. The first is entering a place to commit a crime. The second is entering and carrying out the crime. The third is breaking out of a place after committing a crime inside. Defining “place” “break,” and “enter” is crucial.
- Place: A place can be any dwelling or property, like a household apartment, railway car, boat, plane, or trailer.
- Break: Breaking simply means opening something, like a window or door. Nothing needs to be broken.
- Enter: Entering can mean reaching into a property with an arm or leg. Perpetrators do not need their entire bodies inside a property.
How Does Canada Law Define Robbery?
Section 343 of Canada’s Criminal Code defines robbery as any theft or stealing that involves threats or violence. The perpetrator may threaten violence to intimidate the victim into giving them what they want or to prevent them from retaliating. Robbery can include beating, stabbing, or shooting a victim before, during, or after the theft. Robbery can include:
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Holding a bank or convenience store up at gunpoint.
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Illegally entering someone’s home and demanding money, jewelry, and other items.
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Entering a private business or commercial property and threatening employees for money or goods.