Theft Over $5,000
Criminal Code — Section 334(a)
Definition
Theft Over $5,000 occurs when a person fraudulently and without colour of right takes or converts anything valued at over $5,000, intending to deprive the owner of it, temporarily or absolutely. This is a more serious property offence than theft under $5,000 and covers large-scale shoplifting, employee theft, stealing vehicles, and taking high-value items.
Penalties
Classification
Indictable offence only.
Maximum Penalty
Maximum 10 years imprisonment.
Examples
How the $5,000 Threshold Works
The $5,000 threshold is based on the fair market value of the stolen property at the time of the offence — not the replacement cost or sentimental value. If multiple items are stolen in a single incident, their values are combined. For example, stealing five items each worth $1,500 from the same store constitutes theft over $5,000.
The Crown must prove the value exceeds $5,000 beyond a reasonable doubt. If value is unclear or disputed, the charge may be reduced to theft under $5,000.
How Common Is This in Canada?
Theft over $5,000 is relatively less common than its under-$5,000 counterpart. Statistics Canada reports approximately 18,000 to 22,000 incidents of theft over $5,000 per year, with a rate of roughly 50 to 58 per 100,000 population.
Statistics Canada counts motor vehicle theft separately from theft over $5,000 (non-motor vehicle), though vehicles are often charged under s. 334(a) or s. 333.1, given that most functional vehicles are worth over $5,000. Employee theft and embezzlement also feature prominently. Theft over $5,000 has seen increases in recent years, partly driven by the surge in motor vehicle theft and rising property values that push more thefts over the $5,000 threshold.
Frequently Asked Questions
What is the penalty for theft over $5,000 in Canada?
Theft over $5,000 is a straight indictable offence carrying a maximum sentence of 10 years imprisonment. There is no mandatory minimum, so sentences range from probation to years in prison depending on the circumstances.
What is the difference between theft under and over $5,000?
The key difference is severity. Theft under $5,000 (s. 334(b)) is a hybrid offence with a maximum of 2 years. Theft over $5,000 (s. 334(a)) is indictable only with a maximum of 10 years. The $5,000 threshold is based on the fair market value of the property.
Can multiple small thefts add up to theft over $5,000?
Yes. If the thefts form part of a single transaction or scheme, their values can be combined. For example, an employee stealing $500 per week over several months may face a single charge of theft over $5,000 for the total amount.
Will I go to jail for a first offence theft over $5,000?
Jail is possible even for a first offence, especially if the value is significantly over $5,000 or there was a breach of trust (e.g., employee theft). However, first offenders may receive a suspended sentence or conditional sentence depending on circumstances.
Is stealing a car automatically theft over $5,000?
Not automatically — it depends on the vehicle's fair market value at the time of theft. Most functional vehicles are worth over $5,000, so motor vehicle theft is commonly charged under s. 334(a). Motor vehicle theft also has its own specific offence under s. 333.1.
Can I travel to the US with a theft over $5,000 conviction?
A theft conviction can make you inadmissible to the United States, as US Customs and Border Protection (CBP) considers theft a crime involving moral turpitude. The more serious the offence (higher value, indictable conviction), the greater the likelihood of being denied entry. You may need to apply for a US Entry Waiver (I-192) or apply for a US Entry Waiver (I-192). Note that a Canadian record suspension (pardon) is not recognized by US authorities and does not on its own remove inadmissibility..
How do I find a lawyer for a theft over $5,000 charge?
Contact your provincial Legal Aid office to determine if you qualify for funded legal representation — eligibility depends on your income and the seriousness of the charge. You can also request duty counsel at your first court appearance for free legal advice. For private counsel, call your provincial Law Society's lawyer referral service, which typically offers a free or low-cost initial consultation with a criminal defence lawyer.
Related Offences
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