CRIMINAL DEFENCE LAWYERS
Trusted Property Offence Lawyers in Toronto & the GTA
Choosing the right criminal lawyer matters. We offer a no-cost, no-obligation consultation to help you decide your next step.
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CHARGED WITH A PROPERTY OFFENCE?
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We Speak English, Punjabi & Hindi.
We speak English, Punjabi and Hindi. Free, In-Depth, No Obligation, Consultation.
Facing a Property Offence Charge in Toronto?
We Can Help.
Property offence charges in Toronto can range from theft under $5,000 to serious indictable offences such as robbery and arson. Allegations involving possession of property obtained by crime, mischief, or theft over $5,000 can carry significant penalties, including jail time, restitution orders, probation, and a permanent criminal record. In more serious cases like robbery or arson, the potential consequences increase substantially, particularly where violence, weapons, or damage to occupied property is alleged. These cases often depend on identification evidence, intent, and the surrounding circumstances of the incident.
At Dalraj Bains Criminal Lawyers, we provide strategic and thorough defence for individuals facing property-related charges in Toronto. Our firm carefully reviews disclosure, surveillance footage, witness statements, forensic evidence, and police procedures to identify weaknesses in the Crown’s case. We assess issues such as intent, ownership, lawful authority, and potential Charter breaches to build the strongest possible defence. When your freedom, reputation, and future are on the line, you need an experienced criminal defence lawyer who will act quickly and protect your rights at every stage of the process.
Speak With Dalraj for a Confidential, Free, In-Depth Consultation
Your first consultation is strictly confidential and protected by solicitor-client privilege, with no obligation to proceed. During this meeting, Dalraj will:
Review the details of your case.
Answer your questions clearly and honestly.
Explain your legal options and next steps.
Provide a transparent estimate of legal fees.
- Possession: The person possesses property that was obtained, directly or indirectly, as a result of a criminal offence under the Criminal Code of Canada or another Act of Parliament. Possession can include personal possession, constructive possession, or joint possession.
- Knowledge: The person knows that all or part of the property was obtained by or derived from the commission of an indictable offence or have reasonable grounds to believe it was so obtained. Knowledge or belief that the property was obtained by crime is a critical element. The accused must know or have reasonable grounds to believe the property is tainted by criminal activity.
- Personal Possession: The object is physically in the accused custody and the accused is aware of the item.
- Constructive Possession: The object is not physically in the accused’s custody but is in a location under the accused’s control, ultimately being kept for their benefit.
- Joint Possession: Joint possession occurs when two or more individuals share possession. To establish joint possession, the Crown must prove that each person had (i) knowledge, (ii) a degree of control over the item, and (iii) consent or contribution to its presence or use.
Related Provisions
- Section 355.2 – Trafficking in Property Obtained by Crime
- Section 355.4 – Possession of Property Obtained by Crime – Trafficking
- Lack of Knowledge: The accused did not know and had no reasonable grounds to believe the property was obtained by crime.
- Colour of Right: The accused honestly believed they had a legal right to possess the property.
- No Possession: The accused did not have actual or constructive control over the property.
What is Theft?
- Deprive, temporarily or permanently, the owner or a person with a special interest in the property;
- Deal with the property in a manner that it cannot be restored to its original condition
- Use it or deal with it in a way that affects the owner's use or enjoyment.
- Theft Under $5,000
- Theft Over $5,000
- Shoplifting: Taking goods from a store without paying.
- Embezzlement: Employee misappropriating funds from their employer.
- Taking a car: Borrowing a car without permission.
- Colour of Right: The accused genuinely believed they had a legal right to the property.
- Mistake of Fact: The accused mistakenly believed the property was theirs or they had permission to take it.
- Intent: The accused did not intend to permanently deprive the owner of the property. Temporary deprivation can still constitute theft.
- Consent: The owner consented to the taking of the property, however, this consent must be genuine and informed.
Provision in the Criminal Code of Canada
- Destroys or damages property.
- Renders property dangerous, useless, inoperative, or ineffective.
- Obstructs, interrupts, or interferes with the lawful use, enjoyment, or operation of property.
- Obstructs, interrupts, or interferes with any person in the lawful use, enjoyment, or operation of property.
- Mischief to Property: Involves damaging or destroying tangible property.
- Mischief to Computer Data: Under Section 430(1.1) of the Criminal Code of Canada, this includes wilfully destroying, altering, or interfering with computer data or denying access to it.
- Mischief Causing Danger to Life: If the mischief creates an actual danger to human life, it is treated as a more serious offence.
- Mischief to Specific Types of Property: The type of property can be an aggravating factor. These types of properties include, but are not limited to, cultural property, war memorials, religious property, and educational property.
A person commits robbery when they.
- Steal with Violence/Threats: Steal property from a person and, at the time of stealing or immediately before or after, use violence or threats of violence to the person or their property to accomplish the theft or escape.
- Assault with Intent to Steal: Assault a person with intent to steal from them.
- Armed Robbery: Steal while armed with an offensive weapon, such as a firearm, or imitation weapon.
- Wounding or Beating to Steal: Wound, beat, strike, or use other personal violence to a person while stealing.
- Actus Reus: The accused stole or attempted to steal property, without consent. The act involved violence, threats, or the use of a weapon, either during the theft, immediately before, or to facilitate escape.
- Mens Rea: The accused intended to steal. The accused intended to use violence, threats, or a weapon to accomplish the theft or escape.
- Timing: The violence or threat must be connected to the theft, either before, during, or immediately after.
- Property: Can include, but not limited to, money, goods, or anything of value, even if the theft is incomplete – attempted robbery.
What is Arson?
- Section 433 – Arson – Damage to PropertyIntentionally or recklessly cause damage by fire or explosion to property, whether or not the individual owns the property.
- Section 433(a) – Arson – Disregard for Human LifeIf the arson endangers human life, the offence is aggravated.
- Section 434 – Arson – Own PropertyIntentionally or recklessly causing damage by fire or explosion to one’s own property is still arson if it endangers others or is done with fraudulent intent.
- Section 435 – Arson for Fraudulent PurposeSetting fire or causing an explosion to property with intent to defraud.
- Section 436.1 – Possession of Incendiary MaterialsPossessing materials, such as gasoline or explosives, with the intent to commit arson.
- Section 436 – Negligently Causing Fire or ExplosionCausing a fire or explosion through negligence, such as failing to exercise reasonable care, that damages property or endangers life.
- Actus Reus: Setting a fire or causing an explosion that damages property.
- Mens Rea: The act must be intentional or reckless. Recklessness means the accused was aware of the risk of damage but proceeded anyway.
- Property: Includes, but not limited to, buildings, vehicles, crops, or any other tangible property, whether publicly or privately owned.
- Ownership: Ownership is irrelevant; damaging one’s own property can still constitute arson if it endangers others or is for fraudulent purposes.
Types of Property Offence Charges We Defend
Why Clients Choose Dalraj Bains
At Dalraj Bains Professional Corporation, we understand that facing criminal charges is one of the most stressful experiences you can endure. Here’s why clients trust us to defend their rights and fight for their future:
Relentless Advocacy
Every case starts with a plan. We work closely with you to understand your situation and develop a clear strategy aimed at achieving the outcome you deserve. With our legal expertise and your insight, we’ll build a strong path forward—together.
Proven Experience
With extensive experience in criminal and regulatory law, we handle cases ranging from minor infractions to serious allegations. Our deep knowledge of the legal system and courtroom strategies sets us apart.
Client-Oriented Approach
You are more than a case to us. We listen to your story, answer your questions, and keep you informed every step of the way, ensuring you feel supported and empowered.
Personalized Strategies
No two cases are alike. We craft customized defence plans based on the unique circumstances of your situation, whether it’s negotiating for resolution or preparing for trial.
Accessible and Responsive
Legal challenges don’t wait, and neither do we. Our team is available to provide guidance and support when you need it most, offering clear communication and prompt responses.
Criminal Defence Practice Areas
Our Criminal & Regulatory Law team is committed to defending your rights and guiding you through complex legal challenges. Whether you’re facing criminal charges or navigating regulatory investigations, we provide strategic, results-driven representation to protect your interests and reputation.
Driving Offences
Assault Offences
Property Offences
Other Offences
Hear From Our Clients
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Contact Dalraj Today.
Choosing the right Property Offence lawyer matters. We offer a no-cost, no-obligation consultation to help you decide your next step.
We serve Toronto, Brampton, Mississauga, Vaughan and the Entire GTA.
We speak English, Punjabi and Hindi.