Property Offences are also sometimes referred to as Crimes of Dishonesty. Offences such as Theft, Fraud, False Pretences and Break and Enters are all commonly grouped as variations of crimes that involve some form of deception that unlawfully deprives the owner of their property whether it be goods or money. Ranging from a relatively minor theft involving shoplifting to white collar fraud involving millions of dollars, the penalties upon conviction can range from a Conditional Discharge to several years in the Federal Penitentiary depending on the nature of the offence.

The offence of Theft is usually divided into two categories, either Theft Under $5000.00 or Theft Over $5000.00 depending on the value of the property. A conviction for Theft Under $5000.00 carries a sentence of up to two years' incarceration whereas a conviction for Theft Over $5000.00 carries a potential sentence of up to ten years' in custody. The circumstances of the offence and your personal background play a central role in the determination of the appropriate penalty. For example, if the Theft is from your Employer or is considered a Breach of Trust situation the sentence would be significantly more severe than an individual suffering from emotional issues who steals a bag of chips from a store. The presentation of your situation before the Court by a skillful Lawyer is essential to a positive outcome. Of course, there are many defences available to this type of matter including your proof of ownership of property, your colour of right to the property or the fact that the allegations are simply false. Since a conviction for such a crime of dishonesty can have a serious impact on your future you need an experienced criminal lawyer to assist you in challenging the case in Court. Our Lawyers have decades of experience in defending all forms of allegations of theft.

The offence of Fraud is committed when a person by deceit, falsehood or other fraudulent means, whether or not it is a false pretense within the meaning of the Criminal Code, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service. As you can tell by the definition, this is an extremely complex area of law and offers significant penalties upon conviction including a period of incarceration up to 14 years if the State proceeds by Indictment. Common examples of large scale fraud are so called "white collar crime" where there is a corporate fraud perpetrated upon public shareholders of a company involving millions of dollars, or Ponzi schemes. But a Fraud charge can also be laid on much more simpler sets of facts such as a "bounced" cheque, or accepting money for home renovations and never completing the work. The defences to such charges are extremely complex and require dedicated hours of preparation by your Lawyer to achieve success during a Trial. It is imperative that an Individual facing such charges immediately gathers all their paperwork and computer records and preserve them for review by their Lawyer as soon as possible. The sooner you call Kafka, Kort, the sooner we can prepare your defence to the charges.

Break and Enter charges are laid when an Individual enters a person's dwelling house or commercial places of business without their consent. Usually, the offence of Break and Enter involves the Individual entering into a place with the intention of committing an indictable offence such as theft. The purported offence to be committed does not have to be theft; it could be an assault or a number of other offences. Contrary to popular belief, there is no need to actually 'break' or force entry into the house or business. Walking through an open door or window has been held to constitute a Break and Enter. Additionally, Break and Enter does not require any damage to the property that is unlawfully entered. Penalties upon conviction for such an offence, can range from a period of probation up to imprisonment for Life depending on the circumstances of the Break and Enter. The Lawyers at Kafka, Kort are familiar with the myriad of defences that are available to such a charge. Common defences are consent, entry with no intention to commit an indictable offence, honest mistake of fact and many others. We have conducted hundreds of Hearings in relation to these types of offences. Put our knowledge and experience to work for you right now. Give one of our Lawyers a call and they will be pleased to assist you in any of these matters.