Our practice areas

Theft and robbery offences in Canada are governed by the Criminal Code of Canada. While both involve the taking of property, robbery is treated far more severely because it involves violence, threats of violence, or the use of a weapon.

A conviction for either offence can result in:

• A permanent criminal record
• Jail time
• Restitution and fines
• Employment and professional-licensing consequences
• International travel restrictions, including to the United States

The seriousness of the charge depends on the value of the property, how the offence was carried out, and whether violence or weapons are alleged.

What Is Theft?

Theft occurs when someone takes or converts property dishonestly and without the owner’s consent, with the intent to deprive the owner of it—either temporarily or permanently.

Theft does not require force, threats, or confrontation. Common examples include:

• Shoplifting
• Employee theft
• Vehicle theft or “joyriding”
• Package theft
• Theft of cash, tools, or equipment
• Fraud-related taking of property
  
  
  

What Is Robbery?

Robbery is a much more serious offence. It occurs when a person commits theft while using or threatening violence, or while carrying a weapon or imitation weapon.

Robbery can involve:

• Physical force against the victim
• Threats of immediate harm
• Use or display of a weapon
• Stealing directly from a person rather than unattended property
  
  

Because of the risk to public safety, robbery charges are prosecuted extremely aggressively.

Types of Theft Charges in Canada

Theft Under $5,000

Applies where the value of the property is less than $5,000. This is a hybrid offence, meaning the Crown may proceed by summary conviction or indictment.

Theft Over $5,000

Applies where the value exceeds $5,000. This is always an indictable offence and is treated as a serious property crime.

Related Property Offences

Theft allegations are often accompanied by additional charges, including:

• Possession of property obtained by crime
• Break and enter
• Mischief
• Fraud
• Breach of trust
• Conspiracy
  
  

These companion charges can significantly increase sentencing exposure.

Penalties and Sentencing for Theft

• Theft Under $5,000:
  • Up to 2 years less a day in jail
  • Or fines, probation, or both
• Theft Over $5,000:
  • Maximum: 10 years in prison
    
    

Sentencing depends on:

• Value of the property
• Number of incidents or victims
• Whether the offence involved trust or employment
• Prior criminal record
• Whether restitution can be made
  
  

Many first-time theft cases can resolve without jail through early legal intervention and negotiation.

Penalties and Sentencing for Robbery

Robbery is always prosecuted as a serious violent offence:

• Robbery (no firearm):
  • Maximum: Life imprisonment
• Robbery with a Firearm:
  • Mandatory minimum: 4 years in prison
  • Maximum: Life imprisonment
• Robbery with a Prohibited or Restricted Firearm:
  • Mandatory minimum: 5 years in prison for a first offence
    
    

In addition to jail, courts routinely impose:

• Lengthy probation
• Weapons prohibitions
• Restitution
• A lifetime criminal record
  
  
  

Life Consequences of a Theft or Robbery Conviction

Beyond the courtroom, convictions for theft or robbery can result in:

• Permanent barriers to employment and bonding
• Loss of professional or trade licences
• International border problems
• Difficulty securing housing and financing
• Long-term damage to reputation and relationships
  
  

Robbery convictions, in particular, often carry lifelong consequences well beyond the jail sentence.

Theft & Robbery Compared

Understanding this distinction is critical to defence strategy and sentencing exposure.

Defending Theft & Robbery Charges

Strong defences often focus on:

• Whether the Crown can actually prove intent to steal
• Mistaken identity
• Whether the accused had a claim of right to the property
• Video-surveillance reliability
• Witness credibility
• Whether any force or threat actually occurred (robbery cases)
• Charter violations, including:
  • Unlawful arrest or detention
  • Unlawful searches of vehicles, homes, or persons
  • Improper identification procedures
    
    

At KJR, we treat theft and robbery cases as evidence-driven prosecutions that must withstand Charter scrutiny from the very first step.