Ines Gavran
Toronto Robbery Criminal Defence Lawyer
A person charged with robbery can elect to have a trial before a judge and jury, or a judge alone.
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Consult with Criminal Defence Lawyer in Toronto
Criminal Defence Lawyer defends robbery charges – Toronto, Brampton, Mississauga, North York
Defending a robbery and robbery with firearm charge is a lengthy and complex legal process. Robbery is a “straight indictable offence”, meaning if the accused is an adult, he or she is entitled to a preliminary inquiry, a legal proceeding where a judge determines whether there is enough evidence to commit an accused to trial. Additionally, a person charged with robbery can elect to have a trial before a judge and jury, or a judge alone. Given the possibility of receiving a lengthy imprisonment sentence, it is highly recommended that anyone charged with robbery or armed robbery retain a skilled criminal defence lawyer to assist at the earliest opportunity.
Robbery Criminal Defence
Robbery and Robbery with Firearm
What is Armed Robbery?
There are four definitions of robbery under section 343 of the Criminal Code:
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: [Put simply, a person who steals while, at the same time, using violence or threat of violence is committing robbery.]
(b) steals from any person and, at the time he or she steals or immediately before or immediately thereafter, wounds, beats, strikes or uses any personal violence to that person. [This robbery definition is different from (a) because there is a direct physical assault against the other person. Additionally, (b) requires that the assault is specifically directed at the person whose property is being stolen].
(c) Assaults any person with intent to steal from him or her. [In this case, a person can be charged with robbery if they assault somebody for the purposes of stealing from them but was unsuccessful in stealing the item].
(d) Steals from any person while armed with an offensive weapon or imitation thereof. [Under Canadian law, there is no separate offence for robbery with firearm or robbery with a weapon [also known as “armed robbery”]. Instead, under this section, it is still considered robbery when someone is armed with a weapon during the course of stealing. An “offensive weapon” can include dangerous weapons like a firearm or a knife. An “imitation weapon” includes items that look like dangerous weapons, like a toy gun].
Punishment for Robbery and Robbery with Firearm
Sentences for committing robbery or robbery with firearm are harsh. In cases where a robbery was committed while using a firearm, there is a minimum sentence of four years in prison and a maximum sentence of life in prison. In cases where a firearm was used in the commission of the robbery and committed for the benefit of a criminal organization, there is a minimum sentence of 5 years in prison for the first offence, and 7 years in prison for second and subsequent robbery conviction. In all other cases, there is no minimum jail sentence, but you can be liable for a maximum sentence of life in prison. Upon a robbery conviction, the person will get a criminal record, be subject to a DNA order and, if a firearm was used, a weapon prohibition for many years.
At Gavran Criminal Defence, our philosophy is that dedication, attention to detail, well prepared strategy and effective advocacy is what secures the best results.
If you are charged with robbery or armed robbery, call Gavran Criminal Defence immediately at (647) 624-6324 to schedule your initial consultation.