Theft Lawyers Melbourne
- Over 30 years experience in the criminal justice system
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MK Law’s theft lawyers in Melbourne are criminal defence lawyers who act for people charged with theft offences, including shoplifting and theft from an employer. Free legal advice is available 24/7 on 1800 130 120.
What is Theft Under Victorian Law?
Theft is an offence under section 74 of the Crimes Act 1958. You are accused of dishonestly appropriating property belonging to another person, intending to permanently deprive the owner of it. Appropriating includes keeping something or dealing with it as your own, as well as taking it. Stealing is charged as theft.
What Must the Prosecution Prove?
- You appropriated property that belongs to someone else;
- You intended to permanently deprive the owner of it; and
- You acted dishonestly (Crimes Act 1958, s 72).
Each element has to be proved beyond reasonable doubt.
What Does Dishonesty Mean?
Under the Act, you do not act “dishonestly” if you genuinely believed you had a legal right to the property, that the owner would have consented, or that the owner could not be found by taking reasonable steps. The belief only has to be genuine. It is judged on your state of mind at the time.
Shoplifting Charges
Victoria has no separate shoplifting offence. Taking goods from a shop without paying is charged as theft under section 74. Diversion may be possible, particularly for a first offence. You have to accept responsibility, and the prosecution and the court both have to agree. If you complete the conditions, no finding of guilt is made. Get advice before your first court date.
Penalties for Theft
The maximum penalty is 10 years imprisonment, a fine of up to 1,200 penalty units ($250,920 in 2026–27), or both. In the Magistrates’ Court the limits are 2 years for one offence, 5 years in total, and a fine of up to 500 penalty units ($104,550).
Where Will My Case Be Heard?
Theft is an indictable offence, but it can be heard in the Magistrates’ Court when the property is worth $100,000 or less, or is a motor vehicle, and both you and the court agree. Other cases go to the County Court. Anyone under 18 at the time is usually dealt with in the Children’s Court.
Will I Get a Criminal Record?
That depends on the severity of the offence and your history. Charges can be withdrawn, and some people are offered diversion. If you are found guilty, the sentencing options include a fine, an adjourned undertaking (good behaviour bond), a Community Corrections Order or, for serious or repeated offending, imprisonment. A fine or an undertaking can be given without recording a conviction. The court can also order you to compensate the owner, and an early guilty plea can mitigate the sentence.
Factors and Defences to Consider
- Did you believe you had a legal claim to the property?
- Did you have consent to take it?
- Is the item property in law, and did it belong to someone else?
- Did you mean to give it back? This does not help if you took a car or other vehicle without consent: the law treats that as intent to keep it (see taking a vehicle without consent).
- Can the prosecution prove it was you?
Whether you acted alone, any previous convictions and whether the property was returned affect the sentence rather than guilt.
Fraud and Dishonesty Offences
Theft charges can come with deception charges such as obtaining property by deception. Our fraud lawyers in Melbourne defend those as well. For burglary and robbery, see the charge list below.
Testimonials
What people Say
- I can’t thank Marcus and Daniel and the team at Mk Law St kilda enough they are very professional great communication you feel like and are a prio...I can’t thank Marcus and Daniel and the team at Mk Law St kilda enough they are very professional great communication you feel like and are a priority. Very Fair on price, they will be my first point of call if I ever need Lawyer help or Advice. So thank you Mk Law. Kind regards. G
G Ambrose - Excellent service and professional support. My case was handled efficiently by Daniel Moon, and I was kept informed throughout. Truly appreciate the care and effort.
Shehroz Obaid - I’ve had a great experience with Daniel from MK Law. I highly recommend him for any matters. He was very professional, respectful, understanding a...I’ve had a great experience with Daniel from MK Law. I highly recommend him for any matters. He was very professional, respectful, understanding and educated when dealing with the matter, while also keeping me informed in any steps.
Gabby Poposki - I had an excellent experience working with Daniel Moon from MK Law. From the very beginning he was clear, knowledgeable and reassuring during what...I had an excellent experience working with Daniel Moon from MK Law. From the very beginning he was clear, knowledgeable and reassuring during what was a stressful situation for me. He took his time to explain the court system and process as it was my first time. He displayed a strong attention to detail, understanding and handled my case with professionalism. I am very satisfied with the results. I highly recommend his service to anyone needing legal assistance.
isteevan Younus
What Happens Next?
If you have been charged, get legal advice early. Our criminal lawyers will guide you through the legal process, including police interviews and court appearances, and tell you the likely outcome. If police want to interview you, give your name and address. You do not have to answer anything else, so call us first.
Bring your charge sheet or summons, plus any receipts or messages about what happened. Call 1800 130 120 today for confidential advice and representation.
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Theft Charge FAQs
Yes, with a maximum of 10 years’ imprisonment, but it can be heard in the Magistrates’ Court, and many theft cases are.
Yes. A charge the evidence does not support can be withdrawn, and some are reduced after negotiation. The decision belongs to police and the prosecution, not the owner of the property.
You can. Sentencing Advisory Council figures for 2020 to 2023 show about 6 in 10 shop theft cases sentenced in the Magistrates’ Court ended without a prison term. Cases resolved through diversion are not in those figures.
Give police your name and address, but do not discuss the alleged offence or contact witnesses. Keep any receipts or messages, then call MK Law on 1800 130 120.
Contact Us
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- 2/212 Barkly Street, St Kilda Victoria, 3182 Australia
- 1800 130 120
- marcus@mklawfirm.com.au