Theft under $5,000 and theft over $5,000
Theft is in section 322 of the Criminal Code. When the value is $5,000 or less, it's theft under $5,000. The Crown can prosecute it summarily or by indictment, and the maximum is two years in prison. When the value is over $5,000, the maximum jumps to 10 years.
Related charges include possession of property obtained by crime and fraud. If force or threats were used, the charge can become robbery, which is far more serious.
Avoiding a record: diversion and discharges
For first-time, low-value cases, the Crown may offer diversion. In Ontario this often happens through the Direct Accountability Program. You accept responsibility, complete conditions such as community service, a charitable donation or a course, and the charge is withdrawn. Diversion is up to the Crown. It isn't automatic, and it's less likely if you have a record.
If diversion isn't offered, a discharge may be possible. You'd be found guilty but not convicted, and the record is removed from the national police database after one year for an absolute discharge or three years for a conditional discharge.
Pleading guilty at your first appearance to make it go away usually means a conviction and a criminal record that stays until you're eligible for a record suspension years later.
That letter from the store's lawyers
Many retailers use law firms or collection agencies to send a civil demand letter asking you to pay a set amount for their losses and security costs. That's a civil claim, separate from your criminal case. Paying it doesn't make the criminal charge go away. Talk to us before you decide what to do with it.
Defences we look at
Theft requires intent. Mistakes happen: an item forgotten in a stroller or cart, a self-checkout scan that didn't register, confusion about who in the group was paying. We also look at the store's video, how security detained you, and whether police respected your rights after the arrest.
International students and workers: be careful
For temporary residents, the stakes are much higher. Theft under $5,000 is a hybrid offence, which Canada's immigration law treats as indictable even if the Crown proceeds summarily. A conviction can make a student or worker inadmissible and affect permit extensions, a post-graduation work permit or a future PR application. Diversion, a withdrawal or a discharge avoids that problem. Our firm also practises immigration law, so we keep your status in view throughout.
Youth charges
If your child has been charged, the Youth Criminal Justice Act applies. It favours measures outside of court for less serious first offences, and youth records are handled very differently from adult records. Parents are welcome to come to the first meeting.
Talk to a criminal defence lawyer in Mississauga today
The earlier we're involved, the more options you have. We answer calls after hours, so call now or request a call back.
Frequently asked questions
Will I go to jail for a first shoplifting charge?
Jail is very unusual for a first, low-value shoplifting case. The real risk is a criminal record, which can affect jobs, travel and immigration. That's why diversion or a discharge is usually the goal.
Will a withdrawn charge show up on a background check?
Under Ontario's Police Record Checks Reform Act, withdrawn charges generally aren't disclosed on standard criminal record checks. Vulnerable sector checks follow stricter rules.
Do I have to pay the amount in the store's letter?
That's a civil demand, not part of the criminal case. Paying it won't make the charge disappear. Get advice before you pay or respond.
Does diversion mean I'm admitting guilt?
Diversion usually requires you to accept responsibility for what happened, but it isn't a guilty plea or a conviction, and the charge is withdrawn once you complete the conditions.
Can I get diversion if I've been charged before?
It's less likely, but it depends on your history and the Crown's policy. A discharge may still be possible. We'll look at your situation and tell you honestly what's realistic.
I'm on a study permit. Will this affect my status?
A conviction for theft can make a temporary resident inadmissible to Canada. A withdrawal, diversion or discharge avoids that. Tell us your status at the first meeting.
Do you accept Legal Aid certificates?
We consider Legal Aid Ontario certificates on a case-by-case basis. Tell us when you call if you have a certificate or have applied for one.
Can we talk in Punjabi, Urdu or Hindi?
Yes. We meet clients in English, Urdu, Hindi and Punjabi.
Related guides
Other charges we handle
This page is general information about Ontario law, not legal advice, and reading it doesn't create a lawyer–client relationship. Laws change, so please speak with us about your situation. Read our full disclaimer.