Robbery

What is Robbery

Definition: Section 343 of the Criminal Code of Canada defines robbery as theft with an added element of violence or threats of violence used during the commission of the theft, or immediately before or after for the purpose of obtaining the property.

Important Points

  • Even a threat of violence is enough to make a theft become a robbery.
  • The violence doesn’t have to cause injury, though the severity of any injury will impact the potential sentence.
  • It doesn’t matter how valuable the stolen item is.
 

Common Evidence

  • Witness statements (victim, bystanders).
  • Security or surveillance footage.
  • Medical records if injuries were sustained.
  • Physical evidence connected to the incident, including any stolen property.
  • Identification of the accused by the victim or witnesses.

Penalties for Robbery

Robbery is always an indictable offence with potentially harsh consequences:

Maximum Penalty: Life in prison.

Mandatory Minimum Sentences: Specific minimum sentences apply in some robbery cases:

  • If a firearm is used: 4 years in prison (first offence); 5 years in prison (subsequent offences)

How We Can Help

Securing Your Release: An arrest for robbery nearly always involves being held in custody for a bail hearing. We’ll fight vigorously to achieve the best outcome possible at your bail hearing, as these cases often carry strict conditions.

Fighting the Charges: Every robbery case has its own complexities, and we’ll carefully examine every piece of evidence. Potential defences might focus on:

  • Mistaken identity.
  • Lack of intent to cause fear or violence.
  • The alleged theft never occurred.
  • Questions around the reliability of witness testimony and evidence.

Frequently Asked Questions

Unfortunately, no. Use of an imitation firearm is treated the same as a real firearm.

Yes, if you were aware your accomplice intended to use violence during the theft.

Robbery always involves the use or threat of violence. Theft does not.

Let's Talk About Your Case

Robbery is an extremely serious charge that can have a devastating impact on your life. The sooner you secure legal representation, the better. Contact us as soon as possible for a free consultation to start building a robust defence.

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