What Is Theft Under $5,000?
Theft Under $5,000 is a criminal offence under section 334(b) of the Criminal Code of Canada. It applies when a person is accused of dishonestly taking or converting property, money, or services valued at less than $5,000, without the consent of the owner and with the intent to permanently deprive them of it.
This charge covers a wide range of situations, including:
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Shoplifting or retail theft
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Theft of personal property (bikes, electronics, tools, etc.)
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Employee theft or “theft from employer”
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Taking property without returning it (e.g., unpaid rentals)
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Theft of services
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Theft Under $5,000 is a hybrid offence, meaning the Crown can choose to proceed either by summary conviction or by indictment. When the Crown elects to proceed summarily, this is the type of charge Vertex Legal Solutions PC can represent you on as a licensed paralegal.
Potential Consequences
If convicted of Theft Under $5,000 proceeding by summary conviction, the potential consequences include:
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Criminal record which can affect employment, travel (especially to the U.S.), volunteering, and professional licensing
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Fines determined by the court based on the circumstances
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Probation with conditions such as no-contact orders, reporting requirements, or restitution
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Jail time - summary conviction offences carry a maximum penalty of up to 2 years less a day, though first-time and minor offences often result in more lenient outcomes
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Restitution - an order to repay the value of the property or loss
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Discharge (absolute or conditional) in appropriate cases, which can avoid a criminal record altogether
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Diversion or alternative measures particularly for first-time offenders, which may resolve the matter without a conviction
The actual outcome depends heavily on factors like the value involved, whether it’s a first offence, the circumstances of the alleged theft, and how the matter is handled from the outset.
How Vertex Legal Solutions PC Can Help
Facing a theft charge, even a relatively minor one can feel overwhelming, and the consequences can follow you far longer than the court process itself. At Vertex Legal Solutions PC, we help clients understand exactly what they’re facing and work toward the best realistic outcome for their situation. Here’s how we can help:
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Case review - We’ll assess the disclosure, the strength of the Crown’s case, and any procedural issues (e.g., unlawful detention, Charter breaches, improper identification).
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Explaining your options clearly - Whether that’s contesting the charge, negotiating a resolution, or pursuing diversion/alternative measures.
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Minimizing long-term impact - Where a conviction may be unavoidable, we advocate for outcomes like discharges or reduced penalties that limit the impact on your record and future.
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Representing you in court - As licensed paralegals, we can appear on your behalf for this charge when it proceeds summarily, so you’re not navigating the court process alone.
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Straightforward, transparent guidance - No legal jargon, no guesswork just a clear plan for your matter.
You don’t have to figure this out on your own. If you or someone you know has been charged with Theft Under $5,000, contact Vertex Legal Solutions PC today for a confidential consultation.
Vertex Legal Solutions is licensed by the Law Society of Ontario. General information, not legal advice.