Perrin Valli, Guelph Theft, Fraud and Break and Enter Lawyer represents people facing property offences in Guelph. The greater the value of the property loss, the more serious the punishment for these types offences, punishments which include jail, probation, restitution orders, fines and more. As with any charge, a conviction for one of these offences results in a permanent criminal record, which can have huge consequences including interference with employment or volunteer opportunities. Further a conviction for a property offence such as theft, break and enter or fraud carries with it the additional stigma of a crime of dishonesty - the perpetrators of these offences are viewed as being of dishonest character. Often in Guelph, these offences are perpetrated by addicts stuck in the cycle of addiction.

Perrin Valli takes all property offence allegations extremely seriously - no matter how small or large the property value at issue. Perrin works hard with his clients to execute the best defence. He is experienced in this areas of law and has represented clients in Guelph charged with shoplifting to motor vehicle theft, credit card fraud to home invasions, robberies and theft of firearms.

Call Perrin to arrange a free consultation. Don’t wait until it’s too late.

CALL OR EMAIL TO SET UP A FREE CONSULTATION

Theft

Theft charges can range from shoplifting to vehicle thefts, theft of credit card data to theft of money or valuables and everything in-between. The Criminal Code divides general theft charges between those where the property alleged to be stolen was valued under $5000 and those valued over $5000. There are specific Criminal Charges for theft of a motor vehicle, being a passenger in a stolen motor vehicle or even taking a motor vehicle without consent (usually only charged where the person who owned the vehicle was someone related to the person alleged to have stolen it).

The offence of theft is quite broad and is defined in a few different places of the Criminal Code. Section 322 of the Criminal Code provides:

• Every one commits theft who fraudulently and without colour of right takes, or fraudulently and without colour of right converts to his use or to the use of another person, anything, whether animate or inanimate, with intent

  • (a) to deprive, temporarily or absolutely, the owner of it, or a person who has a special property or interest in it, of the thing or of his property or interest in it;

  • (b) to pledge it or deposit it as security;

  • (c) to part with it under a condition with respect to its return that the person who parts with it may be unable to perform; or

  • (d) to deal with it in such a manner that it cannot be restored in the condition in which it was at the time it was taken or converted.

The law provides that someone can commit a theft just by moving an object they do not own with the intent to deprive the owner of it.

Thefts of firearms are treated extremely seriously and convictions result in jail sentences even for first-time offenders.

Break and Enter

‘Break and Enter’ charges also range in degree of seriousness. Section 348 of the Criminal Code defines the offence and sets out the sentencing ranges. A conviction for a ‘Break and Enter’ into a “dwelling house” carries a maximum sentence of life imprisonment (placing it in the category of the most serious offences in Canadian Criminal law). A conviction for a s. 348 ‘Break and Enter’ taking place in any other type of place carries a maximum sentence fo 10 years imprisonment. Where a ‘Break and Enter’ takes places in someone’s home while the victim’s are home, this is referred to as a Home Invasion, and is punished much more seriously than a Break and Enter that takes place while nobody is home. Section 2 of the Criminal Code defines “dwelling house” as follows:

• dwelling-house means the whole or any part of a building or structure that is kept or occupied as a permanent or temporary residence, and includes

• (a) a building within the curtilage of a dwelling-house that is connected to it by a doorway or by a covered and enclosed passage-way, and

• (b) a unit that is designed to be mobile and to be used as a permanent or temporary residence and that is being used as such a residence; (maison d’habitation)

The use of Firearms, replica, real or even pellet guns increase the level of seriousness of the offence and the resulting sentences increase dramatically.

Police often use DNA testing and fingerprint analysis or other forensic investigative techniques to identify the perpetrator of break-ins where other evidence (such as security camera) footage is not available or where the perpetrator of the offence was not caught at or near the scene and not found in possession of property stolen during the break-in.

A “Break and Enter’ does not require that someone break a door or a window, or break or manipulate a lock, whilst entering. Rather, walking in through an open doorway or otherwise crossing a threshold into a place with the intent to commit another offence inside is sufficient to make out the offence.

Fraud

Fraud charges capture a wide range of behaviour, ranging for example from unauthorised use of credit cards at a gas station to sophisticated identity thefts schemes. Any act of dishonesty that creates a risk of financial loss to another person can be prosecuted as a fraud. Section 380 of the Criminal Code sets out the general crime of fraud. However, there are many overlapping charges under the Criminal Code that capture specific types of fraudulent behaviour. Section 56.1 criminalizes unauthorised possession and transfer of another’s banking cards or data. Section 352 of the Criminal Code criminalizes theft and forgery of credit or bank cards and use of stolen credit cards or banking information.

It is considered aggravating if a fraud is committed against one’s employer or against a vulnerable person such as someone with intellectual disabilities (such as seniors with dementia) or children. The greater the value of the financial loss or risk of loss created by the fraudulent behaviour, the more serious the sentence. In addition to jail, a permanent criminal record, probation and other consequences, convictions for Fraud often come with orders that the perpetrator pay the victim restitution for the loss suffered.

Police often investigate frauds by obtaining judicial orders requiring internet service providers, cellphone service providers, email service providers, banks and financial institutions to provide them with personal or private information that would not be available to the general public. These investigations also often involve search warrants, seizure and search of electronic devices.

Fraud cases, are, as a result, often very complex and technical cases requiring a thorough and careful review of the evidence and police investigation.

Perrin Valli, is a careful and experienced criminal defence lawyer. Whatever type of property offence you are facing, he can help you with your case. From the initial bail hearing to the trial, Perrin will work hard to ensure you have the best defence.

Relevant Blog Posts

• What is a surety?

• Looking for help to get into residential drug-treatment?