Property Offences refer to cases where the property is taken or damaged without permission. Property crime includes burglary, arson, theft, vandalism, and extortion. If you are arrested and charged with a Property Offence, the prosecution will determine the nature of the crime and build their case against you using specific guidelines. We will walk you through this process step-by-step and help you understand what to expect.
If you are found guilty of a property crime, your sentencing can include paying a fine, restitution, completing community service, or possible jail time depending on the type of offence, the evidence against you, and the value of the stolen or damaged property.
Roulston Urquhart Criminal Defence Firm will work tirelessly to defend you. If you are guilty, we combine our expertise in criminal law with skillful and strategic negotiations to come to a resolution that will increase your chances of avoiding a criminal record or jail. As your legal team we will build a strong defence against your case and give you a better chance of acquittal at trial or a possible withdrawal of your charges.
Property offences refer to allegations where property is either taken, possessed or damaged without permission and can include offences commonly referred to as: Theft, Fraud, Possession of Stolen Property or Mischief.
There are a variety of ways to defend property offences. Roulston Urquhart Criminal Defence Firm will identify the potential weaknesses in the Crown’s case keeping in mind all of the elements of the offence that the Crown must prove.
Individuals are often charged with property offences as a result of evidence that is obtained through a police search. The lawyers at Roulston Urquhart Criminal Defence will assess whether these searches were conducted in violation of your constitutional rights; resulting evidence may be inadmissible in your trial.
If you are charged with an offence such as mischief or theft of property under $5,000.00, and do not have a related criminal record, you may be eligible for the Alternative Measures Program (AMP). If you are accepted into AMP and successfully complete the requirements as outlined, the charges will be withdrawn.
In addition to AMP, and in the event you suffer from mental health issues, you may be eligible for the Mental Health Diversion (MHD) program. If you are accepted into the program, and you successfully complete the requirements of the program, the charges will be withdrawn.
Both AMP and MHD require consent from the Crown Prosecutor.
The penalty for property offences ranges from small fines to periods of imprisonment depending on the circumstances of your case and the specific offence that you have been found guilty of. Factors including whether or not you were in a position of trust (ie. employer & employee) can result in a more severe penalty.
The lawyers at Roulston Urquhart Criminal Defence will walk you through all of the potential consequences and penalties you face if you are found guilty once understanding the unique complexities of your case.
Possession of a Controlled Substance for the Purpose of Trafficking (x2) and Possession of Stolen Property over $5K – Result: Stay of Proceedings & No Criminal Record
The client was charged with two counts of possessing a controlled substance for the purpose of trafficking and possessing stolen property over $5000. Tonii Roulston reviewed the file and set the matter for trial, arguing that the client’s protected rights under the Canadian Charter of Rights and Freedoms had been violated by the arresting officer. Tonii Roulston entered negotiations with the Crown Prosecutor and all charges were stayed by the Crown in advance of trial. The client had no convictions and no criminal record.
Assault with a Weapon & Property Damage Under $5000 – Result: Charges Withdrawn & No Criminal Record
The client was charged with committing assault with a weapon and damaging property not exceeding $5,000. Tonii Roulston reviewed the file and entered negotiations with the Crown Prosecutor, arguing that all charges should be withdrawn. All charges were withdrawn. The client had no convictions and no criminal record.
Theft Over $5000 – Result: Conditional Sentence Order
The client was charged with theft over $5000.00 for stealing from an employer. The allegations were classified as a trust theft and the Crown Prosecutor was seeking a jail sentence. Tonii Roulston met with the Crown Prosecutor and the client received a conditional sentence order. The client was able to avoid a jail sentence.
Theft under $5000 – Result: Charges Withdrawn
The client was charged with theft under $5000.00. Tonii Roulston negotiated with the Crown Prosecutor and the charge was withdrawn. The client has no conviction and no criminal record.
