Toronto Robbery Lawyer

Toronto Robbery lawyer Michael P. Juskey is here to fight for you.  Robbery is a very serious criminal offence which is found in section 343 of the Criminal Code of Canada.  Robbery is different from theft or stealing in that there must be an element of violence.  If you steal from somebody while using violence or the threat of violence, you are robbing them and you could face jail time.  Robbery is essentially a combination of the offences of Assault and Theft.  There are other circumstances which may lead to robbery charges which are found in section 343:

343. 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.

Not only is it a serious criminal offence to steal from someone while using violence or the threat thereof, Robbery is also committed if you assault a person and have the specific intention to steal from them (see section 343(c)).  Robbery is also committed if you steal from a person while armed with an offensive weapon (or imitation such as a BB gun).  It is important to remember that in theses cases the violence and any theft must occur at the same time (except section 343(c) where a theft may be intended but not carried out).  There must be a connection and proximity between the two for the behaviour to constitute Robbery.

What is the Punishment for Robbery?

Robbery is a straight indictable offence.  This means the crown attorney does not have the option of proceeding summarily (lesser penalties).  If a firearm is used in the commission of a robbery and was committed for the benefit of a criminal organization the maximum penalty is life in prison.   Minimum sentences in these circumstances are five years for a first offence and seven years for a second or subsequent offence.

If a firearm was used in the commission of the offence (but not to the benefit of a criminal organization) the minimum sentence is four years in a penitentiary.