Theft & Fraud Charge Assessment

Value Sets the Charge — and a Weapon Changes the Category Entirely

For most property offences, the dollar value is the dividing line. In Canada, theft is split at $5,000: theft under is a hybrid offence usually treated less seriously, while theft over $5,000 is indictable with a higher maximum. US states draw the felony line at their own thresholds — commonly somewhere between $500 and $2,500 — above which petty theft becomes grand theft or felony theft. How the value was calculated and whether it is properly attributed to you are contestable questions that directly affect your exposure.

One factor overrides value entirely: violence. Robbery — theft accomplished with violence or the threat of violence — is not a property crime at all but a serious violent offence, carrying up to life imprisonment in Canada and heavy felony ranges in the US. A weapon can convert an ordinary theft into robbery, add separate weapon charges, and trigger firearm prohibitions. If violence or a weapon is alleged, the case belongs in a different and far more serious category.

Breach of Trust and the Special Weight of 'Crimes of Dishonesty'

Theft and fraud committed against an employer, client, or someone who trusted the accused — workplace theft, embezzlement, fraud by a fiduciary — are treated as aggravated at sentencing in both countries and push toward custody even for first offenders. Courts view the breach of trust as a serious feature independent of the amount involved. If your case has this dimension, the way it resolves matters far more than the raw dollar figure.

Beyond sentencing, theft and fraud are 'crimes of dishonesty,' and background checks and professional regulators treat them with particular seriousness because they bear directly on trustworthiness. Any job that involves handling money, and any regulated profession, is exposed — and many regulators require reporting a charge, not just a conviction. This is why a non-conviction resolution (withdrawal, diversion, or a discharge) can be worth far more than a lenient sentence: it can preserve a career that a conviction would end.

Fraud, Intent, and the Power of Restitution

Fraud is distinct from theft: it requires proof of dishonesty and deprivation, and it is built from documents — invoices, bank records, emails, and contracts. Because the paper trail is both the prosecution's case and the defence's opportunity, and because intent is usually the genuinely contested element, careful review of the records with counsel is essential before making any admission. What looks like fraud can turn out to be a civil dispute, a misunderstanding, or a case the records do not actually support.

Restitution can be a powerful tool across property offences. A demonstrated willingness and ability to repay or return what was taken can support diversion, a favourable resolution, and mitigation at sentencing. But it must be handled through a lawyer: contacting the complainant, employer, or store directly to 'make it right' can complicate the case, be misread as an admission, or breach a no-contact condition. Restitution, done correctly and early, is one of the strongest levers available in these cases.

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