Theft, Mischief, and Property Charges in Ontario

• Theft is taking or using something that isn't yours, meaning to keep it or deprive the owner of it. Shoplifting is simply theft from a store.
• Mischief is willfully damaging, interfering with, or making property unsafe or unusable.
• Possession of property obtained by crime applies when you have or benefit from something knowing it came from a crime, even if you didn't steal it yourself.

Each is charged as "over $5,000" or "$5,000 or under": up to 10 years over $5,000, up to 2 years (or a faster process) at or under. Mischief that endangers life can carry a life sentence. None of these carry a mandatory minimum.

Yes. Motor vehicle theft is its own charge, with tougher rules added to respond to organized theft rings. Basic auto theft carries up to 10 years. A third or later conviction carries a mandatory minimum of 6 months if the Crown proceeds by indictment, though a judge can sometimes go lower. Auto theft involving violence, or done to benefit a criminal organization, carries up to 14 years. Possessing or supplying a device meant for bypassing modern car security is now its own offence too.

For theft, the Crown must prove you took or used the property, meant to deprive the owner of it, and had no honest claim to it. For possession of stolen property, it must prove you actually knew, not just suspected, the item came from a crime. A genuine belief you owned it can be a real defence.

For a first-time, lower-value charge, common outcomes include the charge being withdrawn, a peace bond, or a discharge with no conviction entered. Higher-value theft, repeat offences, or anything organized or violent moves toward probation or jail. Even store theft under $5,000 creates a record that can appear on background checks. Non-citizens facing a more serious or repeat property charge should raise it with an immigration lawyer too.