In Canada, robbery involves stealing or extorting property with weapons, violence, or threats of violence. There are several types of theft, each with a penalty under the law. This is a very serious offense under the Penal Code and can lead to a life sentence in the most serious cases.

Because of the seriousness of these crimes, people accused of armed robbery must contact a defense attorney as soon as possible. There are defenses available to those facing armed robbery charges in Canada, and an experienced attorney will be able to identify all of the defense criminal lawyer Mississauga available to you.

What is Robbery?

The crime of theft consists of two distinct parts. The first element requires theft, and the second requires an element of violence or threats. Violence may include the use of weapons in flight. To be found guilty of robbery, a Crown must prove that the defendant intended to steal and use or threaten to use violence.

What is armed robbery?

Although “armed robbery” doesn’t exist, the term is sometimes used in Canada. Generally, if a person is charged with “armed robbery,” they will be charged under s. 343(d) of the Penal Code states: “Every person commits robbery…robbing a person when armed with an assault weapon or imitating such weapon.

What are the possible defenses for armed robbery?

Each theft case will be evaluated based on its facts. This means that defensive measures in one situation may not be available in another. This is why it is important to speak with a criminal lawyer Toronto if you are charged with armed robbery charges in Canada, as they will be able to identify all possible defenses for you. One of the most common ways to defend robbery is to prove that the defendant did not have the criminal intent necessary for a successful conviction or that he committed the robbery. Some other common defenses have been listed and briefly described below.

1. Alibi evidence

In some cases, when the defendant pleads not guilty to robbery, the defense attorney may try to prove that the defendant has an alibi. An alibi can prove that the defendant was elsewhere during the robbery. The personal accounts of witnesses can strengthen an alibi, but the best way to prove an alibi is through physical evidence. This could include something like a receipt or video footage. Proving that the defendant was elsewhere during the robbery is a strong defense.

2. Violation of Charter Rights

In Canada, the Charter of Rights and Freedoms provides several guaranteed protections for people accused of crimes. Violating these rights may force the removal of evidence or reduction of fees. In some cases, a breach of the Charter may result in fees being waived altogether. A qualified defense attorney will be able to help determine if there is a violation of the defendant’s rights.

3. Validity and accuracy of eyewitness accounts

In a robbery defense, the defense attorney may challenge the accuracy and validity of witness testimony on which Crown prosecutors rely. This includes cookies that provide proof of identity (i.e., queue results). The memories of witnesses are easily swayed and unreliable.  

What Is the Penalty in Canada if Convicted of Armed Robbery?

There is no conviction for successful armed robbery charges in Canada, but any robbery will result in a conviction. If firearms are restricted, prohibited, or associated with organized crime, the minimum punishment is:

• First offense, a minimum of five years in prison;

• Second offense, a minimum of seven years in prison.

In any other situation where firearms are legally used, the minimum penalty is four years in prison. The maximum penalty for gun theft is life in prison.

If, during a robbery, the defendant seriously injured someone, he could be considered a dangerous criminal when convicted. Labeling a dangerous criminal can lead to longer or indefinite prison sentences to protect the public.

Conclusion

Being convicted of robbery is very serious in Canada and can have adverse effects. If you are charged with armed robbery in Canada, speaking with a defense attorney as soon as possible is important because the penalties can be very severe. An attorney with experience defending criminal charges can help you identify all the defenses available to you to reduce or, in some cases, even drop your charges. 

How To Defend Against Armed Robbery Charges In Canada

In Canada, robbery involves stealing or extorting property with weapons, violence, or threats of violence. There are several types of theft, each with a penalty under the law. This is a very serious offense under the Penal Code and can lead to a life sentence in the most serious cases.

Because of the seriousness of these crimes, people accused of armed robbery must contact a defense attorney as soon as possible. There are defenses available to those facing armed robbery charges in Canada, and an experienced attorney will be able to identify all of the defenses available to you.

What is Robbery?

The crime of theft consists of two distinct parts. The first element requires theft, and the second requires an element of violence or threats. Violence may include the use of weapons in flight. To be found guilty of robbery, a Crown must prove that the defendant intended to steal and use or threaten to use violence.

What is armed robbery?

Although “armed robbery” doesn’t exist, the term is sometimes used in Canada. Generally, if a person is charged with “armed robbery,” they will be charged under s. 343(d) of the Penal Code states: “Every person commits robbery…robbing a person when armed with an assault weapon or imitating such weapon.

What are the possible defenses for armed robbery?

Each theft case will be evaluated based on its facts. This means that defensive measures in one situation may not be available in another. This is why it is important to speak with a defense attorney if you are charged with armed robbery charges in Canada, as they will be able to identify all possible defenses for you. One of the most common ways to defend robbery is to prove that the defendant did not have the criminal intent necessary for a successful conviction or that he committed the robbery. Some other common defenses have been listed and briefly described below.

1. Alibi evidence

In some cases, when the defendant pleads not guilty to robbery, the defense attorney may try to prove that the defendant has an alibi. An alibi can prove that the defendant was elsewhere during the robbery. The personal accounts of witnesses can strengthen an alibi, but the best way to prove an alibi is through physical evidence. This could include something like a receipt or video footage. Proving that the defendant was elsewhere during the robbery is a strong defense.

2. Violation of Charter Rights

In Canada, the Charter of Rights and Freedoms provides several guaranteed protections for people accused of crimes. Violating these rights may force the removal of evidence or reduction of fees. In some cases, a breach of the Charter may result in fees being waived altogether. A qualified defense attorney will be able to help determine if there is a violation of the defendant’s rights.

3. Validity and accuracy of eyewitness accounts

In a robbery defense, the defense attorney may challenge the accuracy and validity of witness testimony on which Crown prosecutors rely. This includes cookies that provide proof of identity (i.e., queue results). The memories of witnesses are easily swayed and unreliable.  

What Is the Penalty in Canada if Convicted of Armed Robbery?

There is no conviction for successful armed robbery charges in Canada, but any robbery will result in a conviction. If firearms are restricted, prohibited, or associated with organized crime, the minimum punishment is:

• First offense, a minimum of five years in prison;

• Second offense, a minimum of seven years in prison.

In any other situation where firearms are legally used, the minimum penalty is four years in prison. The maximum penalty for gun theft is life in prison.

If, during a robbery, the defendant seriously injured someone, he could be considered a dangerous criminal when convicted. Labeling a dangerous criminal can lead to longer or indefinite prison sentences to protect the public.

Conclusion

Being convicted of robbery is very serious in Canada and can have adverse effects. If you are charged with armed robbery in Canada, speaking with a defense attorney as soon as possible is important because the penalties can be very severe. An attorney with experience defending criminal charges can help you identify all the defenses available to you to reduce or, in some cases, even drop your charges.