What does theft under $5,000 mean?
Section 322 of the Criminal Code sets out theft, including the required taking or conversion and intent. Section 334(b) addresses property worth $5,000 or less, commonly called “theft under $5,000”. Shoplifting is a familiar description of a retail allegation; the actual charge and subsection on your paperwork control. Read section 322 and section 334(b).
Supermarkets, Home Depot and other retail stores
If your paperwork concerns an incident at Home Depot, a supermarket or another retailer, start with the charge document, court date and any store-related restrictions. The evidence may include store video, loss-prevention notes, receipts, transaction records or statements. After retention, we review the available disclosure and identify what is missing before advising on the allegation.
Self-checkout, missed scans and intent
A missed scan, an unpaid item or a receipt discrepancy needs assessment in its full context. Section 322 includes a mental element; the allegation alone does not establish guilt. Relevant questions can include what was scanned, how payment was made, what the recordings show and what statements were recorded. Avoid editing or discarding records that may matter. Criminal Code, section 322.
What if this is your first charge?
Tell your representative about any prior criminal history and your present circumstances. The Ontario Court of Justice describes different resolution routes, including withdrawal, diversion and guilty pleas. Whether any particular route is available requires an assessment of the file and the Crown’s position. A first allegation, low value or return of the goods does not guarantee withdrawal. See the court’s explanation of resolution.
Read release terms and store paperwork separately
Bring any undertaking, release order, store notice and correspondence you received. A store restriction, a demand for payment and a criminal proceeding may raise different questions. Obtain advice about the actual documents before responding or assuming that a payment ends the criminal case. Do not return to a location contrary to a restriction that applies to you.
How FLS can help with an eligible theft case
Start with a consultation in English, Portuguese or Spanish. Based in Oshawa, FLS offers virtual consultations across Ontario. We confirm the precise charge, Crown election and scope before accepting representation. Depending on the written retainer, work may include disclosure review, advice on options, Crown discussions, court appearances and trial preparation. Ask about fees, HST and payment arrangements before deciding.
Common questions
Does theft under $5,000 include property worth exactly $5,000?
Yes. Section 334(b) uses a value of not more than $5,000. The usual “under $5,000” label includes that amount. Read section 334.
Will returning or paying for the merchandise automatically end the case?
Do not assume so. Bring proof of any return or payment and obtain advice about its relevance to the actual prosecution. No withdrawal or other resolution is promised.
Can FLS act if the Crown has not made its election?
Eligibility must be confirmed before representation is accepted. A hybrid charge requires the applicable summary election as well as an offence within permitted paralegal scope.