i.
What the charge means
Theft of property valued under $5,000 is a hybrid offence under section 334(b) of the Criminal Code. The Crown typically elects to proceed summarily.
Criminal Code s.334(b)
Theft Under $5,000 charges in Ontario.
Quick Answer
Point Duty defends theft under $5,000 charges under Criminal Code s.334(b) — shoplifting, employee theft, and similar allegations. Summary conviction carries up to two years less a day and a dishonesty record that employers screen for and U.S. officers treat as a crime involving moral turpitude. A licensed paralegal can act; diversion often avoids any record.
Shoplifting, employee theft, and other low-value theft charges. Routinely diverted or resolved without a criminal record for first-time accused.
- Charge
- Criminal Code s.334(b)
- Jurisdiction
- All of Ontario
- Consultation
- Free & Confidential
ii.
Penalties
Summary: up to 2 years less a day. A finding of guilt creates a criminal record. Diversion, conditional discharge, or absolute discharge frequently available for first-time accused.
iii.
Available defences
- Lack of intent (no mens rea)
- Honest but mistaken belief in ownership
- Identification
- Charter — unlawful detention or search
Within paralegal scope
Theft under $5,000 appears on the Law Society’s permitted list at s.334(b). Because it is hybrid the Crown chooses the path, and on a low-value first-time allegation it commonly proceeds summarily — which is also the election that keeps diversion on the table. Where the paralegal scope line falls, and why.
iv.
The process
Crown pre-charge screening, disclosure, diversion application where eligible, plea or trial. Diversion programs (e.g., Direct Accountability) can result in a stay without a record.
Common Questions
What is theft under $5,000 in Ontario?
- Theft of property valued under $5,000 is a hybrid offence under s.334(b) of the Criminal Code, covering shoplifting, employee theft, and similar low-value theft. The Crown usually proceeds summarily.
Will a theft under $5,000 charge give you a criminal record?
- Not necessarily. A record only results from a finding of guilt — and for first-time accused, diversion or a discharge frequently resolves the matter without one.
What is diversion for a theft charge in Ontario?
- Diversion (such as the Direct Accountability program) lets an accused take responsibility through community work or a charitable donation in exchange for a stay of the charge, leaving no criminal record.
Can a paralegal handle a theft under $5,000 charge?
- Yes. Summary theft under $5,000 is squarely within paralegal scope, from disclosure review and diversion applications through to trial.
Charged with theft under $5,000?
Defence starts with a conversation.
Twenty minutes, confidential, no obligation. We’ll discuss your charge, the realistic outcomes, and the cost of defence before you commit to anything.