Robbery Lawyer Toronto

Section 343 of Canada’s criminal code defines robbery as a type of theft involving the use or threat of force. The easiest way to define robbery is to consider it a ‘theft plus assault’ crime. Thus, you can be charged with robbery under the following circumstances:

• Steal an item and use violence or a threat of violence to prevent or overcome resistance to the action.
• Steal an item from someone and beat, strike, wound, or use any form of violence to that individual at the time of the theft, immediately, or after.
• Steal an item from a person while armed with an offensive weapon or even an imitation thereof.
• Assault an individual aiming to steal from them.

Therefore, if you steal something and threaten to cause property damage to keep that person from stopping you, you have committed a robbery offence.

Robbery vs. Theft

Unlike theft, robbery involves the element of intimidation and personal violence. Theft involves taking another person’s property or belongings without their consent. Note that the total value of stolen property affects robbery charges. On the other hand, theft charges can be divided into theft over $5,000 and theft under $5,000.

Similarly, robbery is different from ‘break and entry’ or burglary as it does not require accessing another person’s property without their permission. Break and enter or burglary occurs when an alleged offender enters another person’s property, aiming to commit an assault, theft, or any other indictable offence.

Defences for Robbery

If you are charged with robbery, you should consult with a knowledgeable and skilled robbery lawyer in Toronto. At Costa Law, we have competent lawyers who can help you build a successful defence strategy.

Depending on your robbery case facts, here are the potential defences we can use:

• Challenge the identification of the alleged offender
• Challenge the credibility and reliability of the evidence presented or witness
• Argue that the accused did not intend to use force or steal
• Argue that there was no threat of force or actual force used
• Argue that the offender did not use an offensive weapon or even an imitation thereof
• Argue that there was permission or consent to take the item or property
• Argue that there was honest belief or mistake of fact of claim to the right of the item
• Argue that there was necessity, self-defence, or duress

Any of these defence options can be effective only with the help of a competent lawyer to fight for your freedom and protect your rights. The Crown will try to adduce evidence during trial to prove beyond reasonable doubt that you are guilty. Our job is to raise a reasonable doubt about the charges against you and the evidence presented.

At Costa Law, our lawyers have built impressive careers practicing criminal law. We understand the criminal code of Canada and how to assess any evidence to determine the best defence option. Indeed, we know how to find and emphasize evidence that could prove your innocence.

Trial and Punishment

Under criminal law, robbery is a straight indictable offence. Thus, you have the right to a fair trial in a Superior Court of Justice, and you can exercise the right to be tried by a jury. The charge of robbery carries up to a life sentence if you are found guilty.

Certain circumstances may add to the mandatory minimum sentences for an individual who commits robbery. These include the use of a restricted firearm when committing robbery and the use of a firearm in the robbery for the benefit of, association with, or direction of a criminal organization.

Having a prior conviction for a similar offence that involved a firearm can also increase the minimum sentence. Depending on the nature of the charges you are facing, the maximum penalty is life imprisonment.

In cases involving these circumstances, the minimum punishment for the first offence is five years imprisonment. The minimum sentence for a subsequent offence (robbery described above) is seven years imprisonment.

While the minimum and maximum penalty for a robbery conviction are outlined in the Criminal Code of Canada, the actual penalty imposed is usually up to the Superior Court of Justice to decide. In addition to serving prison time, there may be other consequences of getting convicted of robbery, including:

• A criminal record, which will negatively affect your education, employment options, immigration, and travel opportunities.
• Being prohibited from acquiring firearms and other similar weapons
• The court may issue a restitution order to pay the victim for their loss
• Surcharge fee to finance the victim’s services

Generally, being convicted of a robbery and any other violent offence can have a devastating effect on your personal and professional life. That is why you need a skilled lawyer in Toronto to help you understand the charges against you and your legal options.

Why Choose Our Robbery Lawyer Toronto

At Costa Law, we understand that being investigated for robbery or facing criminal charges can be a challenging and isolating experience. Once the charges have been levelled against you, they may be damaging to your reputation. In the unfortunate event that you are convicted, you are responsible for fulfilling the actual sentence.

Luckily, the law does not require you to go through the prosecution process alone. Thus, it is recommended that you consult our skilled criminal defence lawyers. We have extensive experience and a proven track record of providing legal representation at every stage of the criminal justice system, whether during preliminary inquiry or trial.

Do not let allegations of robbery or other violent crimes ruin your life. Contact us today and discuss your case with a skilled lawyer who will prioritize your case and fight for your freedom. We will review your case, provide legal advice, build a strong defence, and advocate for your rights.