Calgary Theft Lawyer — Criminal Defence for Theft Charges in Alberta

Theft under $5,000 is the most common theft charge in Calgary courts. It includes shoplifting from retail stores, taking items from a workplace, or stealing personal property valued below the threshold. Despite being classified as a less serious offence, a conviction still results in a permanent criminal record, fines up to $2,000 for a first offence on summary conviction, and up to two years’ imprisonment if prosecuted by indictment. Many first-time offenders assume these charges are minor — they are not.

Theft over $5,000 is a straight indictable offence carrying a maximum sentence of 10 years’ imprisonment. Cases typically involve high-value property theft, vehicle theft, or systematic workplace theft in which cumulative amounts exceed the threshold. The Crown takes these cases seriously, and penalties increase significantly for repeat offenders or cases involving breach of trust. We build defences that challenge the valuation of property, the evidence of intent, and the chain of possession.

Shoplifting is charged as theft under $5,000 in most cases. Calgary retailers frequently use loss prevention officers and surveillance footage as evidence. A shoplifting conviction can affect your ability to travel to the United States, pass employer background checks, and maintain professional licenses. A theft lawyer in Calgary can pursue alternative measures for first-time offenders, such as diversion programs or absolute or conditional discharges — these outcomes avoid a criminal record entirely.

Robbery involves theft combined with violence, threats of violence, or the use of a weapon. It is one of the most serious property offences in the Criminal Code, carrying a maximum sentence of life imprisonment. If a firearm is involved, mandatory minimum sentences apply. Robbery charges often result in detention at the bail stage, making early contact with a bail-hearing lawyer in Calgary essential. We defend clients charged with robbery by challenging identification evidence, the alleged degree of force, and the reliability of witness testimony.

Break — commonly called burglary — involves entering a place with the intent to commit an indictable offence, typically theft. A break-and-enter of a dwelling house carries a maximum of life imprisonment; for commercial properties, the maximum is 10 years. In cases involving drug offence charges discovered during a break, clients often face multiple counts. We examine whether lawful entry occurred, whether intent can be proven, and whether the search and seizure complied with Charter requirements.

You can be charged with possession of stolen property even if you did not commit the original theft. The Crown must prove that you knew or ought to have known the property was obtained by crime. These charges frequently arise from pawn shop transactions, online marketplace purchases, or association with others involved in property crime. A criminal defence lawyer in Calgary challenges whether actual knowledge existed and whether possession was knowing or innocent.

Motor vehicle theft is treated as theft over $5,000 in virtually all cases and is prosecuted aggressively in Alberta. Calgary has seen increased enforcement around organized auto theft rings, and charges may include conspiracy and possession of break-in instruments in addition to the theft charge itself. Our criminal defence lawyers in Calgary build targeted defences based on identification, forensic evidence, and the circumstances of arrest.

Theft requires proof that you intended to deprive the owner of their property, either permanently or temporarily. If you believed the property was yours, borrowed it with the intention to return it, or took it by mistake, the required mental element may not be established. We examine witness statements, surveillance footage, and your account of events to build this defence.

Colour of right is a legal defence under Canadian law that applies when you had an honest belief — even if mistaken — that you had a legal claim to the property. A theft lawyer in Calgary raises this defence in workplace disputes, family property conflicts, and situations where ownership is genuinely unclear.

In robbery and retail theft cases, the Crown often relies on surveillance footage, witness identification, or loss prevention reports. Identification evidence is among the most unreliable forms of proof in criminal law. We challenge the quality of video evidence, the procedures used in photo lineups, and the reliability of eyewitness testimony.

If police conducted an unlawful search, seized property without a warrant, or failed to advise you of your right to counsel, the evidence obtained may be excluded under Section 24(2) of the Canadian Charter of Rights and Freedoms. We review every police interaction in your case for compliance with the Charter.

Not every theft case needs to go to trial. For first-time offenders charged with theft under $5,000, we negotiate for diversion programs, absolute or conditional discharges, peace bonds, or withdrawn charges where the facts support it. These outcomes avoid a criminal record entirely.

In cases near the $5,000 threshold, the difference between theft under $5,000 and over $5,000 can dramatically change the potential sentence. We retain appraisers and challenge the Crown’s valuation methodology when the property value is contested.