Cellphone theft is a prevalent issue in our digital age, and the legal system in Ontario takes these offenses seriously. If you find yourself facing charges related to stealing a cellphone, it’s crucial to understand the potential consequences and how to protect your rights throughout the legal process.

In Ontario, charges related to cellphone theft can fall under various criminal offenses, including theft, robbery, and assault. The severity of the charges often depends on the circumstances surrounding the incident. For instance, if violence or the threat of violence is involved, it could elevate the charges to robbery.

Theft Charges

The basic charge for stealing a cellphone is typically classified as theft under the Criminal Code of Canada. The severity of the charge is contingent on the value of the stolen property. It’s important to note that even seemingly minor theft offenses can result in serious legal consequences, including fines and imprisonment.

Robbery Charges

If the act of stealing a cellphone involves the use of force or the threat of force, it may be categorized as robbery. Robbery charges carry more severe penalties compared to the basic charge of theft. The involvement of violence can significantly impact the legal outcome of the case.

Assault Charges

In some cases, stealing a cellphone may involve physical harm or the threat of harm to the owner. Assault charges can be added to the list of offenses, further complicating the legal situation.

Defences

The defence of “colour of right” exists for the basic charge of theft. If an individual paid for the allegedly stolen item or was given the allegedly stolen item by someone else, they can advance the “colour of right” defence. An individual can also advance this defence if they honestly but mistakenly believed that the item was theirs or forgot that they were in possession of the item.

Facing charges for stealing a cellphone is a serious matter, and understanding the legal landscape is crucial for a favorable outcome. If you or someone you know is facing charges related to stealing a cellphone, our team at Collett Read LLP is here to provide expert guidance and support. Our goal is to protect your rights, challenge evidence, and strive for the best possible outcome for your case. Contact our office today at (905) 541-2228 or fill out a form for a free consultation.