Charged with Theft or Fraud in Winnipeg? Get Aggressive Legal Defence

Theft and fraud charges threaten not just your criminal record but also your employment, professional reputation, and ability to rebuild trust. Many employers fire employees the moment they learn about a theft or fraud charge—even before trial.

But many theft and fraud cases are defended successfully. Ownership disputes, lack of proof of intent, evidence of mistake, and procedural errors often result in charges being withdrawn or dismissed.

Jason Malloy defends white-collar crime and property offences throughout Winnipeg and Manitoba. If you’ve been accused of theft, fraud, or possession of stolen property, call for a free consultation.

Understanding Theft and Property Offences

Theft: Dishonestly taking something with intent to deprive its owner permanently. Shoplifting is theft. Taking office supplies from your employer is theft. Forgetting to pay for something is not theft (no dishonesty).

Theft Under $5,000: Most common theft charge. Can be prosecuted as summary conviction (maximum 2 years less a day) or indictment (maximum 2 years).

Theft Over $5,000: More serious. Indictment only: maximum 10 years.

Fraud: Dishonestly depriving another person of money, services, or property by deceit, falsehood, or other fraudulent means. Fraud requires deception—you lied or misrepresented something to take someone’s property.

Fraud Under $5,000: Summary conviction: fine up to $2,500 and/or 6 months jail. Indictment: up to 2 years.

Fraud Over $5,000: Indictment only: up to 10 years jail.

Break and Enter: Entering a dwelling or structure with intent to commit a crime. Maximum 10 years (or 14 years for a residential dwelling).

Possession of Stolen Property: Having property knowing it was obtained by crime, with intent to permanently deprive the owner.

Consequences Beyond Jail

Property crime convictions cause criminal records on all background checks, immediate employment termination, inability to find future employment, professional license loss, difficulty renting housing, immigration consequences, and U.S. travel restrictions.

Possible Defences to Theft and Fraud Charges

Ownership Dispute: If there’s a legitimate dispute about who owned the item, we argue this. If you took property you reasonably believed was yours or that you had a right to take, this is a defence.

Lack of Dishonest Intent: Theft requires dishonest taking. If you took something thinking it was yours, or with intent to return it, or with permission, you didn’t commit theft.

No Intent to Permanently Deprive: If you borrowed something intending to return it, it’s not theft.

Lack of Knowledge (Stolen Property): The Crown must prove you knew property was stolen. If you bought something in good faith, not knowing it was stolen, you shouldn’t be convicted.

Charter Violations: If police violated your rights during the investigation—improper search, failure to read your rights, denied access to a lawyer—evidence can be excluded.

Weak Crown Evidence: Many cases depend on circumstantial evidence. If the Crown’s case rests on assumptions rather than facts, we challenge it.

Employment Considerations

Your employer will likely find out about charges. You may be fired before trial. A conviction ends your career in many fields. Early resolution through withdrawal, acquittal, or conditional discharge can minimize employment damage. We help you understand the employment implications of every decision.

Protect Your Record and Your Future

A theft or fraud conviction follows you forever. A criminal defence lawyer can often prevent that by challenging the Crown’s case or negotiating a better outcome, including exploring conditional discharge options where no criminal record results.

Call Jason Malloy at 204-784-3047 for your free consultation. He’s available 24/7 and ready to defend you.