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

A few of the most popular defences against property charges are:

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?

The penalties and punishment for property offences differ depending on the scope and severity of the crime. If you’ve been charged with one of the following crimes, our team can arrange a consultation to explain them further and learn more about your case. We defend defendants who’ve been charged with the following crimes.
  • 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:

  • Holding a bank or convenience store up at gunpoint.
  • Illegally entering someone’s home and demanding money, jewelry, and other items.
  • Entering a private business or commercial property and threatening employees for money or goods.

Which Property Defence Is Right for Me?

At BW Law, we understand that each case is unique. There are many different details and factors that will decide the outcome of your case. During your consultation, we can discuss your case and determine your proper defence. Our lawyers and legal team will hear your side of the story. Once we evaluate your case, we can determine which defence best suits you. You’ll be greeted by friendly and passionate staff during your consultation. You can rely on us to fight for justice and the best possible results.

Successful Case Summaries

Our client was charged with gaining access to health information in contravention of the Health Information Act. Disclosure showed that our client’s credentials were used to access hundreds of people’s health information thousands of times over the course of a few hours on one day. Anny Wang pointed out to the Crown Prosecutor that access of this kind would not have resulted in fruitful information and that such access is likely due to an interface or network issue. Anny also pointed out to the Crown Prosecutor that proper procedure to charge our client was not followed by the police or the health authorities as the attorney general did not approve the charges. The Crown Prosecutor stayed the proceedings.

Our client entered an unlocked home late at night while the occupants were asleep and took a bag containing a laptop and some documentation. He was apprehended by police when he attempted to return the items and was charged with breaking and entering to commit theft. During resolution discussions with the Crown Prosecution Services, Anny Wang provided personal antecedents for the client, including Gladue factors, the client’s difficult and impoverished childhood, and significantly mitigating context (that the client had a mental health episode, previously resided in the home now occupied by the complainants, and returned believing that he could be safe there). The Court accepted a joint submission for the lesser and included offence of unlawfully being in a dwelling house and a 6-month Conditional Sentence Order (house arrest and curfew) and 12 months’ probation.

Our client was charged with fraud, unauthorized use of computer, mischief in relation to computer data, identity theft, possession of property obtained by crime, and failure to attend court. These allegations involved a complicated fraud scheme, with dozens of complainants across several provinces, and hundreds of thousands of dollars. Anny Wang worked to establish that our client was minimally involved in the larger scheme and accrued little benefit from his participation and negotiated a guilty plea to only possession of property obtained by crime. Our client’s potential sentence was drastically decreased from a lengthy jail sentence to a conditional sentence order with 4 months of house arrest.

Our client, who had no criminal record and a very public facing job, was charged with theft and two counts of mischief over $5,000. Anny Wang reviewed disclosure and, after initial negotiation discussions with the Crown Prosecutor, provided them with a lengthy and detailed letter about our client’s positive impact on his community, his tragic personal circumstances, and his willingness to repay the Complainants and the community. The Prosecutor accepted our client into the Alternative Measures Program, despite the value of the damages allegedly caused by our client exceeding their usual threshold. After our client completed the program, the Prosecutor agreed to withdraw the criminal charges.

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