Robbery is a serious criminal charge with grave consequences. The maximum punishment for robbery is life imprisonment. In cases involving the use of firearms, there is a minimum sentence of four years imprisonment. Robbery can mean everything from punching a person on the street and taking their wallet or cell phone, to robbing a taxi driver or store owner, to a full-blown bank heist. Any theft or attempted theft, by way of assault may qualify for criminal robbery charges being brought against an individual in court.
The Criminal Code of Canada States:
343 Everyone commits robbery who:
(a) Steals, and for the purpose of extorting whatever is stolen or to prevent or overcome resistance to the stealing, uses violence or threats of violence to a person or property.
(b) Steals from any person and, at the time he steals or immediately before or immediately thereafter, wounds, beats, strikes or uses any personal violence to that person.
(c) Assaults any person with intent to steal from him.
(d) Steals from any person while armed with an offensive weapon or imitation thereof. R.S., c. C-34, s. 302.
Robbery is a very serious criminal offence and one which you can expect to receive a jail sentence if you are convicted. Generally, the starting point is anywhere from 2 to 3 years in jail, although there can be mitigating factors that reduce the length of the jail sentence. The maximum penalty for robbery is life imprisonment. There are also circumstances where a minimum jail sentence is imposed. For example, where a firearm was used during the robbery there is a mandatory minimum sentence of 4 years in jail.
Burglary: Burglary differs from robbery in that a victim doesn’t necessarily need to be present at the time. An offence of this nature, for example, could involve breaking into a residential property while the occupant was out of town, or unlawfully entering a store outside of operating hours. Burglary generally carries a maximum penalty of 14 years imprisonment. Burglary is classified as a property crime, whereas robbery is considered a violent crime committed against a person.Burglary occurs when someone “intentionally enters [a place] without the consent of the person in lawful possession and with intent to steal or commit a felony.”
Robbery: More resources are devoted to the investigation of a robbery than a burglary, as it is considered a violent crime. These crimes have a 29.3% clearance rate, meaning they are more likely to be solved compared to burglary, particularly in the cases where a distinct item was taken. Robberies where a person has been severely injured also merit greater resources for finding the culprit. Robbery occurs when someone “takes property from the person or presence of the owner by either using force or by threatening the imminent use of force.”
Robbery is distinguished from a theft in that the use of violence is present. If you use threats or violence to obtain property, that’s robbery not theft. You could use a weapon or an imitation weapon in a robbery. Therefore, and understandably, robbery is much more serious from a theft. It is always an indictable offence. You could face a fine of more than $5,000 or up to 10 years in prison, or both.
The defenses to robbery most often involve :
Innocence: In a criminal prosecution, the government has the burden of proving that the defendant committed the crime beyond a reasonable doubt. This burden of proof means that a defendant can often avoid a conviction by attacking the prosecution’s evidence or by offering up evidence that undermines the prosecution’s case. It’s important to note that the defendant doesn’t have to entirely convince a jury of their actual innocence. Instead, if the defendant is able to cast reasonable doubt on the prosecution’s arguments, the jury should return a verdict of “not guilty.”
Lack of Evidence: Related to the burden of proof, there must also be adequate evidence that robbery was committed in order to prosecute a defendant for robbery. If the prosecution cannot provide reliable evidence, such as proof of the defendant’s whereabouts at the time of the robbery, the defendant may not be found guilty.
Intoxication: Sometimes, defendants who were intoxicated at the time of the theft may be able to use this in their defense. A theft conviction requires that the defendant had the intent to steal the property in question. If you were under the influence of drugs or alcohol, it could be possible to persuade the court that you did not intend to commit theft.
Duress: Another possible legal defense to robbery is that of duress. To prove duress, defendants must show that someone forced them to commit a robbery against their will by threatening them with bodily injury or death. This defense is generally difficult to prove and rejected by many courts.
Robbery and theft are very serious allegations and defending such charges may involve very complicated legal problems. Simply being innocent of the allegations may not be sufficient to guarantee you will be found innocent by the court. One of our experienced criminal lawyers can significantly improve your chances of having the charges against you withdrawn or acquitted.
Robbery is considered a serious crime. It is seen by the courts and law enforcement as a type of crime motivated by financial gain, at the cost of public safety. The most severe cases of robbery can result in a life sentence in prison. Our goal is to ensure those accused of robbery are equipped with a successful defence. We want to help those accused of robbery successfully reintegrate back into society as productive citizens.
The very first step of bringing client onboard is to have a no obligation consultation.
Then comes the evaluation of the situation. And building the case background.
After building the whole case, now is the time to fight it in the court.
As we fight the case, we keep on collecting more information to support the case.