Theft Defence Lawyer
Theft charges can follow you for years—we work to prevent that outcome.
A momentary lapse shouldn't define your entire future—we help ensure it doesn't.
About Theft Charges in Alberta
Theft charges in Alberta range from minor shoplifting incidents to serious allegations of major theft. The Criminal Code of Canada defines theft as taking something without permission with the intent to deprive the rightful owner of it, either temporarily or permanently.
While some may view theft charges as less serious than other offences, a conviction can have far-reaching consequences. Beyond potential imprisonment, a theft conviction creates a permanent criminal record that can limit employment opportunities, affect housing applications, and restrict travel options.
We understand the complexities of theft cases and the various legal and evidentiary issues they present. With our experience on both sides of the legal system, we identify weaknesses in the prosecution's case and develop effective defence strategies tailored to your specific situation.
Types of Theft Charges in Alberta
Theft Under $5,000 (Section 334(b))
This is the most common theft charge, covering shoplifting and most personal property thefts where the value is less than $5,000.
Penalties for Theft Under $5,000 in Alberta:
Summary conviction: Up to 2 years less a day imprisonment and/or fines
Indictable offence: Up to 2 years imprisonment
Probation and possible restitution orders
Permanent criminal record
Theft Over $5,000 (Section 334(a))
This more serious charge applies when the value of stolen property exceeds $5,000, such as vehicle theft, major retail theft, or employee theft.
Penalties for Theft Over $5,000 in Alberta:
Indictable offence only
Up to 10 years imprisonment
Significant fines and restitution orders
Permanent criminal record
Possession of Stolen Property (Section 354)
This charge applies when you are found with property you know or should have known was obtained through theft, even if you did not commit the original theft.
Penalties for Possession of Stolen Property in Alberta:
Under $5,000: Similar penalties to theft under $5,000
Over $5,000: Similar penalties to theft over $5,000
Permanent criminal record
Schedule IV drugs: Up to 3 years imprisonment
Permanent criminal record
Fraud (Section 380)
While technically distinct from theft, fraud charges often accompany or replace theft charges when deception is involved, such as in cases of employee theft or theft by conversion.
Penalties for Fraud in Alberta:
Under $5,000: Up to 2 years imprisonment
Over $5,000: Up to 14 years imprisonment
Restitution orders and fines
Permanent criminal record
Our Theft Charge Defence Process
We approach each drug case with a proven methodology developed through years of criminal defence experience. From immediate intervention after charges to strategic representation in court, we guide you through every step while protecting your rights and pursuing the best possible outcome.
Free Consultation
We begin with a thorough discussion of your case to understand the full context of your situation. During this meeting, we listen to your concerns, review available documentation, and explain potential approaches to your legal matter. This foundation allows us to develop a relationship based on understanding and trust.
During this meeting we discuss fees and a budget that can work with your financial situation.
Obtain and Review Disclosure
The first step when someone is charged with a crime is to find out exactly what the Crown is going to try to use against you. This sometimes takes months of diligent inquiry and follow-up.
Once we obtain the Crown’s disclosure file, we sit down with you to discuss the best way to proceed with your defence. Sometimes, this is by way of a quick resolution to a favourable Crown offer; other times, it is by proceeding to trial.
Plan the Defence
If we proceed to trial, we lay out the best defence strategy well in advance, so we have a clear picture of where we are headed.
This includes planning all pre-trial applications (for instance, to introduce expert evidence), lining up any relevant witnesses, and making critical decisions about things like whether you will testify and whether the trial will be by judge alone or judge and jury.
Prepare for Trial
We prepare you and any witnesses for the trial by thoroughly explaining how the trial will look, showing you around a courtroom so that you are comfortable, asking you practice questions so that you get used to speaking in public, and doing mock cross-examinations so that you are not flustered when answering questions.
Trial
At the trial, we stand between you and the power of the State, and mount your best defence.
About Zachary Al-Khatib
Founder of ZK Law specializing in criminal defence and complex legal matters. Former Supreme Court of Canada clerk bringing unique judicial perspective to each case. I combine rigorous advocacy with compassion, ensuring every client's story is heard. Currently teaching at the University of Alberta while maintaining my practice.
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Contact ZK Law today for a confidential consultation. We will explain your legal options, answer your questions, and start building your defence strategy immediately.
FAQs
Find answers to your most pressing questions about sexual assault and how we can help.
Contact a defence lawyer immediately before providing statements to store security or police. Even in seemingly minor shoplifting cases, what you say can significantly impact your case. We can advise you on protecting your rights from the earliest stages.
Yes, theft charges can be withdrawn or reduced through various legal strategies. These may include alternative measures programs, diversion, restitution agreements, or identifying weaknesses in the prosecution's case. First-time offenders often have more options for resolution without a criminal record.
Police investigations typically involve gathering witness statements, reviewing surveillance footage, examining physical evidence (such as fingerprints), tracking stolen items, and interviewing suspects. For larger thefts, investigations may be more extensive and involve search warrants.
First-time offenders charged with theft under $5,000 rarely receive jail sentences unless the circumstances are particularly aggravating. We work diligently to pursue alternatives to incarceration and, when possible, resolutions that avoid a criminal record entirely.
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