Frouhar Law defends clients charged with theft and property offences in Ottawa and across Eastern Ontario. Whether you are facing a shoplifting charge, a theft over $5,000, or an employee theft allegation, the consequences of a theft conviction can follow you for the rest of your life. A criminal record for theft affects employment, travel, and immigration status, and a conviction is not inevitable. Call us for a free consultation.
Tel: 613.238.2000
Theft charges are prosecuted seriously in Ontario. Even when the value of the property seems low, a conviction can create a permanent criminal record, affect employment, restrict travel, and damage your reputation.
A theft charge is not just about the value of the property involved. It is about your record, your credibility, and your future. The right defence counsel addresses both the legal allegation and the consequences that follow.
Frouhar Law defends clients facing theft charges in Ottawa and across Eastern Ontario. These cases can move quickly and often depend on identification evidence, surveillance footage, witness statements, intent, ownership, possession, and whether the Crown can prove the accused meant to take or keep the property unlawfully. If you have been arrested, charged, or contacted by police, early legal advice from a theft lawyer can help protect your rights and guide your next steps.
Founding partner Mash Frouhar is a former Crown Attorney who understands how prosecutors approach theft cases, including store security reports, complainant statements, police notes, video evidence, value of property, intent to deprive, restitution issues, and opportunities for withdrawal, diversion, or charge reduction.
Frouhar Law provides theft defence in both English and French. From the first consultation to disclosure review, court appearances, Crown negotiations, and trial preparation, clients receive clear explanations in the language they are most comfortable using.
Theft arrests can happen suddenly, often after a store security stop, workplace investigation, police complaint, or allegation involving property found in your possession. Frouhar Law's 24-hour availability means you can contact a defence lawyer before answering police questions or making a statement. Your right to counsel is protected under the Canadian Charter of Rights and Freedoms. Call before you speak.
The first steps after a theft arrest can affect your release conditions, police statement, restitution options, diversion eligibility, and the direction of your entire defence.
Book a ConsultationLearn All About Our Team
Mash Frouhar
Barrister & Solicitor, former Crown Attorney, bilingual (EN/FR/Farsi)
Connie D'Angelo
Barrister & Solicitor, sexual offence proceedings
Theft is one of the most commonly laid criminal charges in Ontario and covers a broad spectrum of conduct, from shoplifting and petty theft to identity theft, vehicle stealing, and large-scale commercial theft. In Ottawa, theft charges can arise from retail security, police investigation, or employer complaint.
Section 322 of the Criminal Code of Canada defines theft: every person commits theft who fraudulently and without colour of right takes, or fraudulently and without colour of right converts to their use or to the use of another person, anything, whether animate or inanimate, with intent to deprive the owner, temporarily or absolutely.
Four elements must be proven beyond a reasonable doubt:
If the Crown cannot prove every element, a theft conviction cannot stand.
Theft is distinct from fraud charges in Ottawa. Theft involves taking without the owner's consent; fraud involves deception causing the owner to willingly part with property.
Section 334(b) of the Criminal Code governs theft under $5,000 (the most common theft charge in Ottawa). It is a hybrid offence: the Crown may proceed by summary conviction or by indictment depending on the value, the accused's record, and the circumstances of the offence.
Prosecuted by indictment, the maximum penalty is 2 years imprisonment; prosecuted by summary conviction, the maximum is 2 years less a day.
Shoplifting is the most common form of theft under $5,000. A shoplifting charge carries the same maximum penalties as any other theft and results in the same criminal record on conviction.
For first-time offenders, the real consequence is often not the fine or jail time. It is the permanent mark on their criminal record that affects job applications and background checks for years.
Theft over $5,000 under section 334(a) is a straight indictable offence with a maximum of 10 years imprisonment. A conviction results in a permanent criminal record with serious long-term consequences: employment consequences, travel consequences to the United States and other countries, and immigration consequences for non-citizens that can include deportation.
Where the allegation involves violence or threats during the theft, the charge may be elevated to robbery. Robbery charges in Ottawa carry significantly higher maximum penalties.
Do not speak to police before speaking to a lawyer. Call Frouhar Law at 613.238.2000 for a free theft consultation.
Book a Free ConsultationShoplifting is the term for theft from a retail store. In Ottawa, shoplifting charges are laid under section 322 of the Criminal Code. A shoplifting conviction results in a criminal record regardless of the value of the items taken.
Many clients charged with shoplifting are first-time offenders who made a single poor decision. A criminal record for theft is not an inevitable outcome, and choosing to simply plead guilty and pay a fine is choosing a criminal record when alternatives may exist. The earlier you retain a theft lawyer in Ottawa, the more options are available.
Employee theft is treated significantly more seriously than other theft charges. When an employee takes property or money from their employer, the Crown treats the breach of the employment relationship as an aggravating factor at sentencing.
Where the accused held a position of trust, the charge may also include criminal breach of trust under section 336 of the Criminal Code: a straight indictable offence with a maximum of 14 years. A conviction results in a permanent criminal record that typically ends careers in finance, government, or any role involving access to money or property.
A person charged with possession of property obtained by crime (also called possession of stolen property) is not accused of committing the original theft. They are accused of knowingly having property in their possession that was obtained by crime. Section 354 of the Criminal Code makes this a separate offence from theft.
Where the property is worth over $5,000, section 354 is a straight indictable offence with a maximum of 10 years. Where the property is worth under $5,000, it is a hybrid offence. The Crown must prove that the accused knew or ought to have known the property was stolen.
Defences include genuine ignorance of the property's origin and the absence of any knowledge linking the accused to the theft.
Frouhar Law defends the full range of theft and property charges in Ottawa and Eastern Ontario. Call 613.238.2000.
Contact Us TodayThe most common defence to a theft charge is lack of intent. Section 322 defines theft as the fraudulent taking or converting of anything without colour of right and with intent to deprive the owner, temporarily or absolutely. The Crown must prove every element beyond a reasonable doubt.
If the accused genuinely did not intend to take the property (a distracted shopper who forgot to pay, a borrower who intended to return an item, a person who believed they had permission), the charge cannot succeed.
Charter motions and applications are also relevant where evidence was gathered through an unlawful search.
Colour of right is a distinct defence embedded in the text of section 322 itself. A person who takes property believing in good faith that they have a legal right to it (even if that belief is mistaken) has not committed theft.
The colour of right defence applies where:
Colour of right is not simply saying "I thought it was mine." It requires a genuine subjective belief in a legal entitlement to the property. If that belief is honestly held, it defeats the "without colour of right" element of the Crown's case and the charge fails.
Colour of right arises in:
The most urgent question for most clients facing a theft charge in Ottawa is whether they will end up with a criminal record. The answer depends significantly on the facts, the accused's history, and the quality of their legal representation.
For first-time offenders facing a theft charge Ottawa courts handle daily, diversion (a restorative justice program that results in the charge being withdrawn upon completion) is frequently available.
Diversion conditions may include:
A diversion outcome means no guilty plea, no conviction, and no criminal record.
Where diversion is not available, Frouhar Law pursues a conditional discharge or an absolute discharge for appropriate cases.
Understanding legal fees in Ontario before deciding whether to retain a lawyer is a practical first step; for most first-time theft under $5,000 clients, the cost of retaining counsel is far less than the lifetime cost of a theft conviction on their record.
Frouhar Law defends theft charges in Ottawa and Eastern Ontario. Bilingual EN/FR. Former Crown Attorney. Free consultation: 613.238.2000.
Contact Frouhar LawThe mission is to ensure access to justice for all, regardless of income or social status, by providing high-quality, affordable legal representation and advice. The goal is to empower people to protect their rights and resolve legal issues efficiently and effectively.
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