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
Theft under $5,000 under Criminal Code s.334(b) is one of the most common criminal charges in Ontario — and one of the most frequently resolved without a criminal record for first-time accused. Diversion programs, absolute discharges, and conditional discharges are routinely available where the facts and the accused's background support them.
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
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?
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