Theft Charges in Hamilton
If you have been charged with theft under $5,000, theft over $5,000, shoplifting, break and enter, possession of stolen property, and robbery in Hamilton, the consequences are serious. Theft under $5,000 carries a maximum of 2 years imprisonment. Theft over $5,000 carries a maximum of 10 years. Break and enter into a dwelling carries a maximum of life imprisonment. A first offence for theft under $5,000 often results in diversion or a discharge.
The John Sopinka Courthouse at 45 Main Street East is Hamilton's criminal court, named after the late Supreme Court of Canada Justice John Sopinka. Hamilton Police Service patrols the city, and the courthouse handles both Ontario Court of Justice and Superior Court of Justice criminal matters for the Hamilton-Wentworth area. Hamilton has an active Crown Attorney's office, and the courthouse processes a wide range of criminal charges from across the region.
How We Defend Theft Charges
Every theft case is different, but experienced defence lawyers look for weaknesses in the Crown’s case at every stage. Common defence strategies include:
- Colour of right — a genuine belief in entitlement to the property
- Honest mistake about ownership or permission
- Lack of intent to permanently deprive the owner
- Identity issues — the accused was not the person who took the property
- Charter challenges to detention, search, or statements
- Challenging the reliability of surveillance or witness identification
The Court Process in Hamilton
Criminal charges in Hamilton are heard at the John Sopinka Courthouse. Your first appearance will typically be scheduled within a few weeks of being charged. At that appearance, your lawyer will receive disclosure (the Crown’s evidence against you) and begin assessing the strength of the case.