Robbery Charge | Criminal Lawyers Brampton

Our Brampton Criminal Lawyers defend Robbery Charges.  Contact us for a free consultation and speak directly to a Criminal Lawyer today.  Robbery is a serious criminal offence, which is prosecuted as a straight indictable offence in Canada.

Robbery is a form of theft.  Robbery can be defined in the Criminal Code of Canada under Section 343, which states that "Every one 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; or  
• (d) steals from any person while armed with an offensive weapon or imitation thereof."

Under Section 344 (1) the Criminal Code of Canada states that "Every person who commits robbery is guilty of an indictable offence and liable  (a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of (i) in the case of a first offence, five years, and (ii) in the case of a second or subsequent offence, seven years; (a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and (b) in any other case, to imprisonment for life."

An element of violence or threat of violence is an aggravating feature.

Our experienced team of Criminal defence Lawyers represent clients charged with Robbery offences in Mississauga, Brampton, Milton, Newmarket, Toronto, Oshawa, Orangeville, Hamilton, Barrie, Oakville, Burlington, Guelph, Kitchener, North York, and across Southwestern Ontario. If you have been charged with a Robbery charge, contact our Criminal Lawyers for a free telephone case evaluation today.  We will fight to defend your Robbery charges and get you the results you deserve.

Robbery to steal firearm under Section 98.1 states that Every person who commits a robbery within the meaning of section 343 [robbery] with intent to steal a firearm or in the course of which he or she steals a firearm commits an indictable offence and is liable to imprisonment for life.

Under Section 343(d) the "weapon" must be either (1) an actual firearm; (2) an imitation firearm; or (3) an offensive weapon. 

If you are found guilty, the charge of Robbery is punishable by a sentence of up to life in prison. If a firearm, or an imitation thereof is used in the commission of a Robbery, mandatory minimum sentences of incarceration are imposed should you be convicted.

A conviction for robbery with a firearm carries with it a mandatory minimum of 5 years.

A home invasion robbery usually carries a higher sentence.  The primary objective in sentencing for a home invasion robbery is deterrence which is necessary to protect the public.

Robbery charges under Section 343 are are "designated" offences under s. 752 for Dangerous Offender Applications.

General Factors on Sentencing for Robbery charges:

• Planning and Deliberation 
• Major Role in the Offence 
• Prior Criminal Record (esp. related offences) 
• Prevalence of Offence in Community 
• Public Abhorrence of Type of Crime 
• Offender was in a Position of Trust 
• Victim was Vulnerable (Due to Age, Position of Trust, etc. see 718.2) 
• Significant Risk or Actual Harm to Victim 
• Offence motivated on Hate towards certain groups (s. 718.2) 
• Offence Committed as Part of Organized Crime or Terrorist Group 
• Remorse 
• Youthfulness 
• Support Network (family and friends) 
• Positive Employment History 
• Presence of a Mental Disorder or Addiction (*) 
• Risk of Deportation