Calgary · Theft and Fraud
Theft and Fraud Lawyer · Calgary
Theft and fraud charges range from shoplifting and unauthorized credit-card use to workplace allegations involving substantial amounts of money.
Some cases are straightforward. Others involve extensive financial records, emails and electronic evidence. Whatever the allegation, the Crown must prove both what happened and that the accused acted dishonestly.
What the charges mean
Theft
Theft generally means taking or using someone else’s property without a lawful right to do so and intending to deprive that person of it.
A mistake or misunderstanding is not necessarily theft. An honest belief that the accused was entitled to the property may provide a defence, even if that belief was mistaken.
Fraud
Fraud involves dishonest conduct that causes financial loss or puts another person’s financial interests at risk. It may involve a false statement, misleading information or another dishonest act.
A failed business arrangement, accounting error, broken promise or disagreement over money is not automatically criminal fraud. The Crown must prove that the accused knowingly acted dishonestly.
Under $5,000 and over $5,000
Theft and fraud charges are classified according to whether the amount is $5,000 or less, or more than $5,000.
Charges over $5,000 carry significantly greater potential penalties. The actual outcome depends on the amount involved, the accused’s role and record, whether there was a position of trust, and the surrounding circumstances.
CONSEQUENCES
What You May be Facing
The consequences depend on the seriousness of the allegation. A first shoplifting charge is treated very differently from a workplace fraud involving a large amount of money or an alleged breach of trust.
Possible consequences include:
A criminal record;
Repayment or restitution;
Probation, a fine or imprisonment;
Loss of employment or professional standing;
Immigration and travel difficulties; and
Forfeiture of property alleged to be proceeds of crime.
Large losses, repeated conduct, careful planning or an abuse of trust can make the case significantly more serious.
People make mistakes
How We Defend Theft and Fraud Charges
Every case begins with a careful review of the evidence rather than simply accepting how the police or complainant has described the allegation.
1. Who was responsible?
Surveillance footage, account information and electronic records may identify a suspect. However, having access to an account, device or workplace system does not necessarily prove who used it.
2. Was there dishonest intent?
An error, misunderstanding or business dispute is not necessarily a crime. We examine whether the accused acted dishonestly or believed they were entitled to deal with the property or money as they did.
3. What authority did the accused have?
In employment, family and business cases, the accused may have had permission or an honest belief that they were entitled to use the property or funds.
4. What do the records actually prove?
Fraud cases often depend on bank records, emails, invoices and cellphone or computer data. We examine whether those records are complete, accurate, legally obtained and properly interpreted.
5. Can the matter be resolved without a conviction?
Depending on the evidence and circumstances, possible outcomes may include withdrawal, diversion, a peace bond or a discharge.
Repayment or restitution can sometimes assist, but it does not automatically end the prosecution. Legal advice should be obtained before contacting the complainant or making a payment that could be treated as an admission.
Frequently asked
Questions we hear most.
Jail is not the expected outcome in every case. A first-time accused charged with a relatively minor theft or fraud may receive a non-custodial result, particularly where the loss is limited and restitution has been made.
The risk of imprisonment increases where the allegation involves a large loss, extensive planning, numerous victims, a prolonged course of conduct, a prior record or an abuse of a position of trust. The strength of the evidence and the possibility of avoiding a conviction should be assessed before any guilty plea or resolution is considered.
Not necessarily. Once a charge has been laid, the Crown Prosecutor decides whether it will continue. Returning property or making restitution may assist in negotiations or sentencing, but it does not erase the alleged offence.
Before contacting the complainant, employer or business—or making any payment—the accused should obtain legal advice. Direct communication may breach a release condition, create additional evidence or be interpreted as an admission.
Yes. The phrase “under $5,000” describes the value of the property; it does not make the matter a provincial ticket or minor regulatory offence. A conviction can result in a criminal record.
For a first-time accused, however, the outcome may depend on the value involved, whether the property was recovered, the circumstances of the allegation and the accused’s background. Withdrawal, diversion, a peace bond or a discharge may be available in an appropriate case, but none is automatic.
Theft generally involves dishonestly taking or converting property without a lawful right to do so. Fraud involves a dishonest act—such as deceit, a falsehood or another fraudulent means—that causes an actual loss or places another person’s financial interests at risk.
The offences can overlap, but the evidence and legal elements are different. A financial disagreement or breach of contract does not become fraud merely because one party lost money.
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