Criminal Defence Core
Robbery Lawyer in Canada
A robbery lawyer defends charges under Criminal Code, s. 343, with punishment in s. 344. This page sets out what the offence covers, what the Crown must prove, the penalties on conviction and the defences that are commonly available, then lists criminal defence firms you can contact.
Criminal Code, s. 343, with punishment in s. 344·straight indictable offence
What Robbery covers in Canadian criminal law
Robbery is theft accompanied by violence or the threat of violence. Section 343 sets out four routes to the offence, including using violence to steal, assaulting someone with intent to steal, and stealing while armed with an offensive weapon or an imitation.
The violence does not need to cause injury and the amount taken can be trivial. A shove during a purse snatching or a demand note implying a weapon is enough, which is why robbery convictions carry weight far beyond the value of the property.
Where a firearm is used, section 344 imposes mandatory minimum penitentiary sentences, and the analysis shifts to whether the firearm element can be proven and whether the minimum survives constitutional challenge on the facts.
What the Crown must prove
The Crown carries the burden of proving every element beyond a reasonable doubt. A reasonable doubt on any one of them means an acquittal.
- The accused stole or attempted to steal property
- Violence or threats of violence were used or threatened
- The violence or threat was connected to the taking of the property
- Where alleged, the accused was armed with an offensive weapon or an imitation
- Identity of the accused and the date and jurisdiction of the alleged offence
Penalties and consequences on conviction
- A maximum of life imprisonment under section 344
- Mandatory minimum sentences where a firearm was used
- A mandatory DNA order as a primary designated offence
- A weapons prohibition order
- Restitution to the complainant and a lasting criminal record
Common defences
- Identification, which is frequently the central issue in surveillance-based cases
- The taking occurred without violence or threat, supporting a theft charge instead
- Colour of right, where the accused honestly believed they were entitled to the property
- Absence of the intent to steal at the time force was used
- Party liability arguments where the accused did not aid or abet the taking
- Charter applications concerning arrest, identification procedures and search
Robbery lawyer: frequently asked questions
- Is robbery the same as theft?
- No. Theft is the taking of property. Robbery requires violence, threats of violence, or being armed with a weapon or imitation weapon in connection with the taking. That element transforms a property offence into a violent one carrying a maximum of life imprisonment.
- Does the value of what was taken matter?
- Very little to liability. Robbery is complete regardless of value, and the offence is treated as violent rather than economic. Value can affect sentence at the margins, but the degree of violence, the presence of a weapon and the vulnerability of the complainant matter far more.
- What if a weapon was displayed but never used?
- Displaying a weapon or an imitation is enough. Section 343 captures being armed with an offensive weapon or imitation while stealing, and threatening violence. Whether the object was capable of causing harm is often less important than the threat it conveyed to the complainant.
Find a robbery lawyer
Criminal defence firms listed on Criminal Lawyers Canada that identify Robbery among their practice areas. Featured listings appear first.
Robbery lawyers by province