According to Section 333.1 of the Criminal Code, the act of stealing a motor vehicle constitutes motor vehicle theft. This crime is regarded with great severity, reflecting the considerable value of the property involved and the profound potential impact on the victim.
Motor Vehicle Theft: Legal Definition
333.1 (1) Everyone who commits theft is, if the property stolen is a motor vehicle, guilty of an offence and liable
(a) on proceedings by way of indictment, to imprisonment for a term of not more than 10 years, and to a minimum punishment of imprisonment for a term of six months in the case of a third or subsequent offence under this subsection; or
(b) on summary conviction, to imprisonment for a term of not more than two years less a day.
If you're dealing with charges of motor vehicle theft, it's critical to engage a skilled criminal defence lawyer to guide you through your case's complexities. A dedicated criminal lawyer will provide you with the necessary advice and support to tackle these difficult situations. For a free consultation with a criminal lawyer, please contact us at (855) 585-1777.
Potential Consequences for Motor Vehicle Theft
Motor vehicle theft can be prosecuted as a hybrid offence, allowing the prosecution to opt for either indictment or summary conviction based on the case's severity. The consequences of these choices vary greatly and hinge on the details of the offence:
- Summary Conviction: For less serious instances, the prosecution might choose a summary conviction, potentially leading to imprisonment for up to two years minus one day.
- Indictable Offence: More severe cases can lead to an indictment, with the possibility of up to 10 years in prison. For those with two prior offences, a minimum sentence of six months imprisonment is mandatory.
Subsequent offences are taken very seriously, factoring in any past convictions, whether they were dealt with through summary conviction or indictment, when determining the sentence.
Aggravating Factors
- Value of the stolen motor vehicle
- Use of force or violence
- Endangerment of life
- Involvement of a criminal organization
- Use of technology to overcome security systems
- Causing significant damage to the vehicle or other property during the theft
- Theft for the purpose of committing another crime
- If the theft involves a breach of trust, such as an employee stealing a vehicle from their employer
- The court may consider the psychological, emotional, and financial impact on the victim of the theft.
Dispositions Available for Motor Vehicle Theft
Summary Dispositions
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Indictable Dispositions
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Facing charges of motor vehicle theft? It's vital to seek advice from an experienced criminal defence lawyer. A lawyer with expertise in criminal defence will thoroughly examine your case details, develop a solid defence strategy, and protect your rights throughout the legal process. To receive a free consultation with a criminal lawyer about your motor vehicle theft charge, call (855) 585-1777 now.
Further Implications of Motor Vehicle Theft Convictions
Convictions for motor vehicle theft can lead to more than just jail time. Offenders might be ordered to pay restitution to cover the victims' losses, take into account victim impact statements, and face additional penalties like driving bans or fines.
Available Defences for Motor Vehicle Theft Charges
Crafting a defence against charges of motor vehicle theft demands deep legal knowledge and a keen eye for case details. Defence strategies may include disputing the evidence of possession or control over the stolen vehicle and questioning the accused's awareness and intention.
Don’t Face Your Motor Vehicle Theft Charge Unaided
A seasoned criminal defence lawyer is vital when dealing with a motor vehicle theft charge. They can guide you through the legal maze, safeguard your rights, and devise a robust defence strategy specific to your case.
Get a Free Legal Consultation With a Criminal Lawyer
Do not hesitate to contact us if you have been accused of motor vehicle theft. Call (855) 585-1777 and a skilled criminal defence lawyer will review your case with you and consider your alternatives.