Noushin Mazooryi Theft

Theft Defence Lawyer

Theft is one of the most commonly laid charges in Ontario, ranging from retail shoplifting to employee theft and more serious property offences. Even a minor, low-value theft charge is prosecuted under the same Criminal Code provision as far more serious matters, and a conviction — for something as small as a single unpaid-for item — creates a permanent criminal record. Mazrooyi Law Professional Corporation provides strategic, practical defence for individuals facing theft charges throughout Markham, Richmond Hill, Vaughan, and York Region.

Many theft charges, particularly first-time shoplifting matters, can be resolved without a lasting record if they’re handled the right way from the outset. We give clients a clear, honest assessment of what’s realistically achievable in their specific case.

Types of Theft Charges We Defend

  • Theft under $5,000 — the most common category, covering shoplifting and most retail theft matters
  • Theft over $5,000 — a more serious classification carrying substantially higher maximum penalties
  • Employee and workplace theft — theft allegations involving a breach of trust, which courts treat as an aggravating factor
  • Theft of a motor vehicle — a specific offence under the Criminal Code with its own sentencing considerations
  • Possession of property obtained by crime — frequently charged alongside theft, particularly in retail and shoplifting matters

What You May Be Facing

Both theft under and theft over $5,000 are hybrid offences, meaning the Crown can choose to proceed summarily or by indictment — a decision that significantly affects the potential penalty:

  • Theft under $5,000 — up to 2 years less a day if the Crown proceeds by indictment, or up to 6 months on a summary conviction
  • Theft over $5,000 — up to 10 years if the Crown proceeds by indictment, or up to 2 years less a day summarily
  • No mandatory minimum sentence — for theft under $5,000, judges have broad discretion, and outcomes range from a discharge to a fine, probation, or in more serious cases, custody
  • A criminal record — even a conviction for a low-value shoplifting charge results in a permanent record for theft, with lasting consequences for employment, immigration status, and travel to the United States
  • Aggravating factors — a breach of trust (such as theft from an employer), a high dollar value, or a prior record can significantly increase the likely outcome


For many first-time, lower-value theft matters, diversion or other alternative resolutions may be available. Whether that’s realistic in your case depends on the specific facts, the value involved, and your record.

How We Approach Theft Defence

  • Challenging intent — the Crown must prove you acted fraudulently and without a colour of right; an honest, even mistaken, belief that you were entitled to the property can be a complete defence
  • Reviewing store and surveillance evidence — examining video, loss prevention notes, and witness statements for inconsistencies
  • Assessing the alleged value — the classification of the charge, and the penalties that follow, depend on how the value of the property is calculated and proven
  • Pursuing diversion where appropriate — for eligible first-time or lower-value matters, working toward a resolution that avoids a criminal record
  • Negotiating with the Crown — pursuing reduced charges or alternative resolutions where the circumstances support it

Why Choose Mazrooyi Law for Your Theft Charge

  • Practical, results-focused defence — particularly for first-time shoplifting and low-value matters, where avoiding a record is often the priority
  • Local court experience — regular appearances at the Ontario Court of Justice in Newmarket, serving clients throughout York Region
  • Discreet, client-focused representation — your matter is handled with confidentiality and care from start to finish

Charged With Theft? Speak With a Lawyer First

Anything you say to store security, an employer, or police before speaking with a lawyer can be used against you. If you’ve been charged with theft or shoplifting in Markham, Richmond Hill, Vaughan, or anywhere in York Region, contact Mazrooyi Law before discussing your matter with anyone else.

Book a Free Consultation or call (416) 995-2320.

Frequently Asked Questions

Yes, if convicted — the value of the item doesn’t change the fact that a conviction creates a permanent record for theft. However, first-time and low-value matters are often good candidates for diversion or other resolutions that can avoid a record altogether.

The classification depends on the value of the property involved, and it’s the total value across all items or incidents that counts, not just any single item. Theft over $5,000 carries substantially higher maximum penalties and is treated more seriously by the courts.

Potentially not. Theft requires that you acted fraudulently and without a colour of right — if you genuinely, even mistakenly, believed you were entitled to the property, that can be a complete defence to the charge.

As soon as possible. Early involvement allows us to review the evidence, advise you on what to say (and not say), and assess whether diversion or another alternative resolution may be available before key deadlines pass.

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