According to the latest government incident-based crime statistics , Ontario police investigated a record 74,048 reports of shoplifting in 2024, including 607 cases involving thefts of goods valued at $5,000 or more. In investigating these reported thefts, Ontario police only arrested 11,106 shoplifters, but cleared nearly half of the reported high-value shoplifting cases through arrests.
The Toronto shoplifting lawyers at Mass Tsang say there has been a noticeable uptick in the number of potential clients reaching out to the firm to determine whether they should hire a criminal defence lawyer. “We’ve been getting a lot of calls from people who ask things like, ‘Do I need a lawyer for a shoplifting charge?’ and ‘How can a shoplifting lawyer help get the charges dropped?’ says Mass Tsang co-managing partner Robbie Tsang . “We respond to their questions with as much information possible, but many seem to be hesitant about getting a lawyer because it seems to be a relatively minor offence and they’re concerned about shoplifting lawyer costs,” he adds.
“While the penalties Ontario courts hand down for a first-time shoplifting conviction involving $5,000 or less are typically lenient, the short-term costs of a Toronto shoplifting lawyer are well worth it if they can help the offender avoid a criminal record, not to mention fines, probation, and possible jail time, adds Robbie’s co-managing partner, Jeff Mass . “And, if you’ve been charged with shoplifting $5,000 or more of goods, you’ll put your future at serious risk if you try to defend the charges without a skilled shoplifting lawyer.”
Let’s examine other questions our Greater Toronto Area clients ask about defending shoplifting charges, and what you need to know about the offence and how the criminal justice system addresses it.
Ontario police charge most suspected shoplifters at the scene of the incident by issuing a notice to appear in court and a scheduled date to report to the police station for further processing (fingerprints, photos, etc.). In some cases, such as those involving thefts over $5,000, repeat offenders, and other aggravating factors, the police may take the suspect down to the police station for immediate processing. Such factors can also lead the police to seek pretrial incarceration. When this happens, we strongly urge our clients to hire a bail hearing lawyer to help them navigate the legal process to get them released.
Shoplifting is charged under the Criminal Code Section 322 definition of theft, with 322 (2) describing it as: “A person commits theft, when, with intent to steal anything, he moves it or causes it to move to be moved, or beings to cause it to become moveable.”
A shoplifting lawyer’s approach to defending a client depends mainly on the specifics of the case and the Crown’s evidence. However, in many cases, the lawyer will first try to negotiate a favourable resolution with Crown prosecutors. Absent such resolution, the shoplifting lawyer will closely analyze all evidence — including police reports, security footage, witness statements, and the allegedly stolen item(s) — to identify all potential weaknesses in the Crown’s case. Common defences shoplifting lawyers use at trial include:
The shoplifting lawyer’s approach to defending a theft over $5,000 charge is similar, though usually significantly more intensive due to the severity of the penalties that come with a conviction. During Crown negotiations, the defence lawyer may also seek reduced charges to theft under $5,000 when other favourable resolutions seem unlikely.
The penalties for a shoplifting conviction are detailed under section 334 of the Code, with different penalties for thefts over and under $5,000. When charged as an indictable offence, theft under $5,000 carries a maximum punishment of two years’ imprisonment. When charged summarily, the maximum is a fine of $5,000 and/or up to two years in jail. For thefts over $5,000, the maximum punishment is 10 years’ imprisonment when charged as an indictable offence, or $5,000 and/or up to two years imprisonment when charged as a summary conviction offence.
A shoplifting lawyer will strive first to convince the Crown during negotiations to dismiss the charges, especially when there is noticeable weakness in the prosecution’s evidence. If these efforts fail, the defence lawyer will try to convince the Crown to accept diversion, under which the offender agrees to certain conditions, such as paying restitution, participating in community service, making a charitable donation, and attending counselling. In return, the court will adjourn the case for several months to allow the offender to complete the terms of their conditions and, upon completion, either withdraws or stays the charges.
When negotiations with the Crown fail to yield favourable results, the shoplifting lawyer will work to mount an effective defence to beat the charges in court. If their client is convicted, the next step is to avoid any prison time and minimize the potential fine. They will also encourage the court to consider an absolute or conditional discharge, which will prevent the offender from getting a permanent criminal record.
| Theft Classification | Criminal Code Section | Maximum Penalty (Indictable) | Maximum Penalty (Summary) |
|---|---|---|---|
| Theft under $5,000 | s. 322 / s. 334(b) | Up to 2 years imprisonment | Up to 2 years jail and/or $5,000 fine |
| Theft over $5,000 | s. 322 / s. 334(a) | Up to 10 years imprisonment | Up to 2 years jail and/or $5,000 fine |
Our potential clients frequently ask this question because they don’t believe that a shoplifting lawyer will provide much value in helping them successfully resolve their charges. In many cases, they think that courts typically let first-time shoplifters off with a warning or a proverbial “slap on the wrist.” Thus, they believe, why bother hiring a defence lawyer?
However, Crown prosecutors generally don’t negotiate with offenders, who will also struggle with navigating the courtroom and legal procedures. Without a shoplifting lawyer, the first-time offender will likely find it challenging to secure withdrawn chares, diversion, or other favourable outcome that eliminates the risk of a permanent criminal record upon conviction.
With over 30 years of experience in theft, fraud, and shoplifting criminal defence in the Greater Toronto Area, leading to thousands of successful outcomes for their clients, the shoplifting defence experts at Mass Tsang can help you navigate a favourable outcome for your shoplifting charges. To learn more, schedule a free consultation by contacting us today.
