Robbery
Similar to theft, robbery is the intent to take another person’s possession without their consent. However, robbery involves the use or threat of violence. Robbery allegations are much more serious than simple theft. Examples of robbery could be robbing a bank, to robbing someone on the street.
If a restricted or prohibited firearm was used during the offence, the accused person will face a minimum sentence of five years in jail. However, if you are charged with more than one offence, there is an additional seven years for each additional charge.
If convicted of robbery you could be facing life in jail, depending on the circumstances of the offence.The severity of the penalty is largely dependent on the value of the goods that were stolen. The sentence for goods worth less than $5,000.00 is less than the sentence for goods worth more than $5,000.00.
The criminal defence lawyers at LZZ have extensive experience successfully defending against all types of robbery allegations. If you or someone you know has been charged with robbery you should contact a criminal lawyer immediately to help determine the best defence. Call us at (416) 613-0416 or (416) 595-9500 or contact us online for a free consultation.
Common Questions Regarding Robbery
What is Robbery?
Put simply, a robbery is a theft coupled with an assault. Robbery occurs when a person steals from another person using violence, threats of violence, and/or the use of a real or imitation weapon. The use of violence is what differentiates robbery from a theft.
When does the Violence need to Occur to Constitute a Robbery?
The violence can occur before, during, or after the theft. If violence is used at some point during the theft, a robbery charge can be made out. For example, if you stole from a store, but in the process of fleeing the store you pull out a knife this could constitute a robbery.
What Constitutes Violence?
An assault is the application of force without consent. For example, pushing someone without their consent is an assault. An assault does not require an injury or even a complaint of harm. Any application of force against someone while committing a theft could constitute a theft.
What is the Sentence for a Robbery?
Robbery, like many crimes, vary in terms of seriousness. Robbery can be the theft of someone’s belongings after a fight or on the more serious end, a home invasion robbery with a firearm. Sentences range from non-jail, such as a conditional discharge, suspended or conditional sentence, to more serious sentences such as jail time, to a life sentence. The sentence depends on the nature of your offence, your personal background, and any other mitigating and aggravating circumstances.
How do I Beat a Robbery Charge?
There are several potential defences to a robbery charge. Some defences would result in an acquittal, while others could lead to an acquittal for robbery but a finding of guilt of the lesser offence of theft. These defences are as follows:
• Factual Innocence: you can provide alibi evidence, or other witnesses to prove that you were not there and could not have committed the offence.
• Identity: identity of the perpetrator is many times a crucial issue in a case. The Crown must prove beyond a reasonable doubt that you committed the robbery. Depending on the quality of surveillance footage and the familiarity the civilian witness has with you, the Crown may have a difficult time proving that you were the person that committed the robbery.
• Charter: anytime a police officer breaches your Charter rights you can apply to exclude evidence from your case. It is unlikely that a successful Charter application would win your case (such as a Refuse to Provide Breath Sample case wherein you exclude the breath sample, ergo the Crown’s only evidence), but the exclusion of important evidence may leave the Crown with a substantially weaker case. For example, if evidence was seized from your residence after a search warrant that you successfully challenged, that evidence would be excluded and the Crown would be unable to rely upon it.
• No Violence: this is a partial defence where you argue that you are guilty of theft, but you did not commit any violence so there was no robbery.
I have been Charged with Robbery, What Should I do?
Call Lockyer Zaduk Zeeh to speak with an experienced defence lawyer about your case. A robbery conviction severely impacts on your future. Our lawyers represent people charged with robbery across the Greater Toronto Area, in Toronto, Brampton, Oshawa, and Newmarket.
