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 Ownership disputes, lack of proof of intent, evidence of mistake, and procedural errors often result in charges being withdrawn or dismissed.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.
Sentencing for Theft and Fraud in Manitoba
Sentencing for Theft and Fraud in Manitoba
Canadian law divides theft and fraud into two categories based on the value involved. Theft or fraud under $5,000 is a hybrid offence that can be prosecuted summarily or by indictment, with a maximum penalty of two years imprisonment. Theft or fraud over $5,000 is an indictable offence carrying up to 14 years in prison. For fraud over one million dollars, there is a mandatory minimum sentence of two years imprisonment. The value threshold significantly affects the court process and potential consequences.
Canadian law divides theft and fraud into two categories based on the value involved. Theft or fraud under $5,000 is a hybrid offence that can be prosecuted summarily or by indictment, with a maximum penalty of two years imprisonment. Theft or fraud over $5,000 is an indictable offence carrying up to 14 years in prison. For fraud over one million dollars, there is a mandatory minimum sentence of two years imprisonment. The value threshold significantly affects the court process and potential consequences.
For first-time offenders charged with theft under $5,000, judges in Manitoba frequently impose conditional discharges, which result in no criminal record after a probation period. Restitution — repaying the value of what was taken — is almost always required and is a significant factor in sentencing. Demonstrating that you have already made restitution before sentencing can dramatically improve the outcome. Your lawyer can also present mitigating factors such as employment, family responsibilities, community ties, and steps you have taken to address underlying issues like financial hardship or addiction.
For first-time offenders charged with theft under $5,000, judges in Manitoba frequently impose conditional discharges, which result in no criminal record after a probation period. Restitution — repaying the value of what was taken — is almost always required and is a significant factor in sentencing. Demonstrating that you have already made restitution before sentencing can dramatically improve the outcome. Your lawyer can also present mitigating factors such as employment, family responsibilities, community ties, and steps you have taken to address underlying issues like financial hardship or addiction.
The Impact of a Theft or Fraud Criminal Record
The Impact of a Theft or Fraud Criminal Record
A criminal record for theft or fraud has consequences that extend far beyond the courtroom. Employers routinely conduct criminal record checks, and a dishonesty conviction can disqualify you from positions in finance, healthcare, education, government, and any role involving trust or access to money. Professional licensing bodies in Manitoba may refuse, suspend, or revoke licences based on a fraud conviction. International travel is also affected — the United States regularly denies entry to individuals with theft or fraud convictions, and other countries may impose similar restrictions.
A criminal record for theft or fraud has consequences that extend far beyond the courtroom. Employers routinely conduct criminal record checks, and a dishonesty conviction can disqualify you from positions in finance, healthcare, education, government, and any role involving trust or access to money. Professional licensing bodies in Manitoba may refuse, suspend, or revoke licences based on a fraud conviction. International travel is also affected — the United States regularly denies entry to individuals with theft or fraud convictions, and other countries may impose similar restrictions.
This is why achieving a discharge or withdrawal is so valuable in theft and fraud cases. A conditional or absolute discharge means you are not convicted, and after the discharge period expires, the record is automatically removed. Even if a conviction is unavoidable, a record suspension (formerly called a pardon) may be available after a waiting period. Jason Malloy understands the long-term consequences of these charges and fights to protect not just your freedom today, but your future opportunities.
This is why achieving a discharge or withdrawal is so valuable in theft and fraud cases. A conditional or absolute discharge means you are not convicted, and after the discharge period expires, the record is automatically removed. Even if a conviction is unavoidable, a record suspension (formerly called a pardon) may be available after a waiting period. Jason Malloy understands the long-term consequences of these charges and fights to protect not just your freedom today, but your future opportunities.
Frequently Asked Questions About Theft and Fraud Charges
Frequently Asked Questions About Theft and Fraud Charges
What happens if I am caught shoplifting in Winnipeg?
What happens if I am caught shoplifting in Winnipeg?
Shoplifting is charged as theft under the Criminal Code. If the value is under $5,000, which covers most retail theft, it is a hybrid offence. You may be arrested at the store, issued an appearance notice, or summoned to court later. Many retailers also pursue civil recovery — a demand letter for monetary compensation separate from criminal proceedings. For first-time shoplifting offences, outcomes like diversion, conditional discharges, or peace bonds are common and can keep your record clean. However, you should never plead guilty without legal advice, as even a minor shoplifting conviction creates a permanent criminal record.
Is identity fraud a serious criminal offence?
Shoplifting is charged as theft under the Criminal Code. If the value is under $5,000, which covers most retail theft, it is a hybrid offence. You may be arrested at the store, issued an appearance notice, or summoned to court later. Many retailers also pursue civil recovery — a demand letter for monetary compensation separate from criminal proceedings. For first-time shoplifting offences, outcomes like diversion, conditional discharges, or peace bonds are common and can keep your record clean. However, you should never plead guilty without legal advice, as even a minor shoplifting conviction creates a permanent criminal record.
Is identity fraud a serious criminal offence?
Yes. Identity fraud and identity theft are indictable offences under Sections 402 and 403 of the Criminal Code, carrying maximum penalties of up to 10 years imprisonment. These charges cover using another person's identity information to commit a crime, obtain property or services, or cause disadvantage to that person. Related charges like possession of identity documents and trafficking in identity information add further exposure. Courts treat identity fraud seriously because of the significant harm to victims. A strong defence often focuses on challenging the evidence of intent, knowledge, and the accused's actual involvement in the fraudulent activity.
Yes. Identity fraud and identity theft are indictable offences under Sections 402 and 403 of the Criminal Code, carrying maximum penalties of up to 10 years imprisonment. These charges cover using another person's identity information to commit a crime, obtain property or services, or cause disadvantage to that person. Related charges like possession of identity documents and trafficking in identity information add further exposure. Courts treat identity fraud seriously because of the significant harm to victims. A strong defence often focuses on challenging the evidence of intent, knowledge, and the accused's actual involvement in the fraudulent activity.
Can I avoid a criminal record for a first-time theft charge?
Yes, in many cases. Manitoba offers several pathways to resolve a first-time theft charge without a permanent criminal record. The most common are diversion programs, where you complete community service or counselling and the charge is withdrawn, and conditional discharges, where the court finds you guilty but does not register a conviction. Making full restitution before your court date significantly improves your chances of receiving one of these outcomes. Jason Malloy has helped many first-time offenders in Winnipeg avoid criminal records for theft charges by presenting strong mitigation and negotiating effectively with the Crown.
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.
Contact Jason Malloy today
for a consultation and to explore your best legal options.
