Theft and Robbery
Theft and Robbery is a violent offence. It carries with it the possibility of life imprisonment. Given its serious nature, you should consider hiring a lawyer that can confidently defend you in court.
What is robbery?
In general terms, robbery entails a theft involving violence, the threat of violence, and/or a weapon. Under Section 343 of the Criminal Code of Canada, robbery can be committed in four different ways. A person commits robbery if they: (a) use violence or the threat of it in order to steal; (b) steal and wound, beat, strike, or use personal violence (before or after stealing); (c) assault a person with the intent to steal; and (d) steal while armed with a weapon or imitation weapon.
What is the difference between theft and robbery?
As mentioned above, robbery is essentially elevated theft. It still involves the accused stealing, but it has the added element of violence in various forms. For a theft charge, the Crown simply needs to prove that you took or intended to take something that did not belong to you without the consent of the owner.
What does “threat of violence” entail?
The threat of violence can include any action that makes the complainant reasonably believe that they will be injured if they do not comply. The court will look at things, such as the words the accused used and the gestures they made in an effort to threaten violence. If the words and gestures create a feeling of fear and apprehension for the complainant, that may be enough.
Consequences if found guilty:
Due to their violent nature, Theft and Robbery is a “straight indictable” offence. The Crown must proceed by indictment, and you could face a sentence of life imprisonment. There are also mandatory minimum sentences depending on whether a firearm was used, the type of firearm, and the context in which it was used.
In addition, you will be subject to a weapons prohibition order. There is also a DNA order involved, where your DNA is kept in a national database by the RCMP. If you can demonstrate that the impact on your privacy and security of the person is grossly disproportionate to the public interest, then the judge may not make the order. That being said, due to the seriousness of the offence, it is very hard to successfully make this claim.
A lawyer can help you understand the potential ramifications of conviction. Moreover, they can vigorously defend your case to obtain the best possible outcome in the circumstances.
It’s vital to hire a lawyer
Being charged with a criminal offence, such as Theft and Robbery, is a stressful and tolling experience. It is important to seek professional advice from a lawyer about your rights from the beginning.
A lawyer can also do much more. They can:
- Work to secure your release with the most favourable conditions;
- Help you navigate the criminal justice system;
- Ensure that the Crown meets its disclosure obligations;
- Identify systematic or administrative errors in the criminal process, including Charter rights violations;
- Speak to the Crown on your behalf, negotiate, and advise you of your options;
- Assess all the evidence against you and build a strong defence, so the charges are withdrawn or you are acquitted;
- Gather further evidence to support your version of the events and to question the complainant’s reliability and credibility;
- Obtain a more lenient sentence in the event a guilty plea or conviction is entered.
All criminal cases are complex and fact specific. We have provided general information about how Theft and Robbery cases are handled. Hiring a lawyer provides your best chance at mounting a successful defence. For more information about how we can help, please contact our team.