Robbery is an offence that involves theft and violence. It can occur in a variety of circumstances, including bank robberies, street robberies and home invasion robberies. Robbery is a serious offence and individuals charged with robbery are frequently detained before trial or released on bail with very significant conditions.

Misha has experience defending people charged with all kinds of robberies. In some cases a negotiated settlement is possible, but in many cases it is not. Contact Misha today to discuss your robbery case.

What is Robbery?

Robbery is stealing and using violence to assist in the theft. A charge of robbery can be proven where there is actual violence or only threats of violence. Robbery is an indictable offence and the accused person is entitled to a trial by jury.

What is the Penalty for Robbery? Is there Jail Time?

Recognizing the seriousness of the offence, Parliament has set the maximum sentence for robbery at life imprisonment. While robbery is a very serious offence, potential sentences do in fact vary widely depending on the nature of the robbery, the violence used, the character of the offender, and many other factors.

What happens if you're charged with Robbery?

Anyone charged with robbery, has a right to counsel. The police must inform you of the reason for your arrest and must make reasonable efforts to assist you to speak with your counsel of choice. Typically, if you are brought to a police station, they will give you an opportunity to speak with your lawyer of choice in a private room.

Depending on the seriousness of the offence and the circumstances of the case, the police may release you from the station or may hold you for a bail hearing. If you are held for bail, they will advise you so that you may make arrangements to contact a lawyer and assist you in contacting your friends or family to act as sureties for your bail. You have a right to be brought before a Justice or Judge within a reasonable time but in any event within 24 hours of your arrest.

At your bail hearing, your lawyer and the Crown will argue about whether you should be released from custody and, if so, what reasonable terms of bail should be imposed. Any person charged with a crime has a right to a reasonable bail.

Contact Misha if a friend or family member has been charged with an offence, or if they are being held for bail.

Why shouldn't I just plead guilty to Robbery?

A criminal conviction for Robbery can have consequences far greater than the sentence imposed by the judge. A criminal conviction can have consequences for employment, immigration status in Canada, access to children as part of any family law proceedings, crossing the border to the United States and elsewhere, and any number of other consequences. While many people may be tempted to plead guilty ‘to get it over with’ a criminal conviction with all its consequences can last for a long time, perhaps forever. A snap decision may be the wrong decision. As experienced trial counsel, Misha can advise you of the strong or weak parts of the Crown’s case. While some cases are strong – and pleading guilty may be a reasonable option – many others are not. Some people are not guilty, and guilty pleas are only for guilty people. Experienced trial counsel can negotiate a better deal or successfully represent you at trial.

Only a careful review of your matter can give you the advice you need to make crucial decisions on your case and your life. A careful review may reveal gaps or problems with the Crown’s case. Contact experienced trial counsel before deciding to plead guilty.

First Time Robbery Charges

The criminal justice system often recognizes that people make mistakes. Some mistakes are bigger than others. People charged with offences, including Robbery, for the first time are usually treated somewhat differently from people with long criminal records. Experienced counsel can assist in obtaining great results for first time charges. This may include diversion before trial or favourable plea agreements. Contact our office to discuss your case and what to expect.

Robbery Legislation

Section 343 of the Criminal Code Covers this Charge


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.


Source: Section 343 of the Canadian Criminal Code