There are different factual circumstances that lead to a charge of robbery, but they must involve an allegation property was taken using some form of violence.
Robbery can be anything from robbing a store owner or a taxi driver, to punching someone on the street and taking their cell phone or wallet. It also involves bank heists.
A conviction for robbery depends on several factors and is severe in most cases. If a gun is used there are mandatory minimum sentences attached (4 years in jail). You need an experienced and capable criminal defence lawyer to build a strong case. Mr. Melville has the track record to make sure you get the highest quality representation possible.
Robbery is the act of using threats or violence to extort or steal from a person. Robbery includes some level of violence. It can result in severe consequences – usually a lengthy jail sentence. The severity of a robbery depends on several factors, including the level of violence while performing the robbery or the presence of a weapon.
Charges can become more severe if the robbery was carried out in association or at the behest of a criminal organization. A robbery allegation can be made whenever the threat of force or actual force coincides with intended taking or attempt at taking property.
Robbery is committed in the following circumstances under the Criminal Code of Canada.
- If the defendant uses threats of violence or violence for the purpose of stealing or extorting. It is considered a robbery even if the accused uses threats of violence or violence to overcome or prevent resistance to the stealing.
- If the accused immediately before, during or immediately after stealing beats, strikes, wounds, or uses other forms of personal violence on another person.
- If the accused assaults someone else with the express intention of stealing from them.
- If the accused conducts the act of stealing by using an offensive weapon or an imitation.
The Crown often seeks an accused’s detention pending trial because robbery is considered a violent crime. Mr. Melville can help you understand your options, the route the Crown Prosecutor is looking to take, and can advise you on your options and bail.
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Robbery – Trial and Punishment
Robbery is a straight indictable offence and deemed among the more serious offences under the Criminal Code of Canada. You have the right to pick, or elect your mode of trial – Provincial or Supreme Court. You may also exercise your right to be tried in front of a jury. The broad range of sentencing if you are convicted of robbery is very broad, but some length of jail-time will result.
Robberies that are carried out using a firearm or an imitation have stipulated mandatory minimum sentences of incarceration. These shall be imposed if you get convicted. There are several factors that can enhance the severity of a Robbery charge. These include, but are not limited, to the following:
- Offender’s age
- Offender’s criminal record
- Use of weapons or imitations
- Injuries caused to the complainant
- Degree of violence used
- Value of property stolen
- Vulnerability of complainant
Other Consequences of Robbery Conviction
Jail time is not the only consequence of a Robbery conviction. There are several other repercussions you should be worried about. Defendants that are convicted potentially face:
- Immigration issues
- Job loss
- Ineligibility to find employment in certain fields
- Travel limitations
- Social embarrassment
- Risk of media and other public exposure
- Ban on owning firearms for a prescribed period of time
- DNA taken and put in a databank
Challenging a Robbery Charge
An experienced criminal defence lawyer will increase your chances of being cleared of all charges. If convicted, the minimum punishment in case of robbery involving firearm is four years. Robberies can include everything from home invasions, targeting businesses and banks, mugging, and other forms of theft involving victim confrontation.
Robbery is a serious crime and comes with severe consequences.
At Dale Melville Law, our goal is simple and straightforward. Mr. Melville ensures that his clients accused of robbery have a strong legal defence, every case, every time. To set up an initial consultation, call us at 604-265-7020.