Frequently Asked Questions
Frequently Asked Questions About Robbery Charges
Below are answers to common questions about robbery charges in Toronto and Ontario. The precise legal position depends on the facts, evidence, and procedural circumstances of each case.
What is the difference between theft and robbery?
Theft generally concerns taking property without lawful entitlement, while robbery involves additional circumstances identified in section 343 of the Criminal Code. Robbery can involve violence, threats of violence, personal violence, an assault intended to steal, or stealing while armed with an offensive weapon or imitation thereof.
Is robbery an indictable offence in Canada?
Yes. Section 344 of the Criminal Code states that a person who commits robbery is guilty of an indictable offence. The section also provides for imprisonment for life and establishes specific minimum imprisonment periods for certain firearm-related circumstances. The applicable consequences depend on the facts and statutory provisions involved.
Can a robbery charge involve a firearm?
Yes. Firearm circumstances can significantly affect a robbery case. Section 344 provides specific sentencing provisions where a restricted firearm or prohibited firearm is used, or where any firearm is used in a robbery committed for the benefit of, at the direction of, or in association with a criminal organization.
What evidence can be used in a robbery case?
Evidence may include surveillance recordings, photographs, witness statements, identification evidence, physical evidence, police observations, digital communications, or other records. The relevance and reliability of evidence depend on the circumstances. A defence lawyer can review disclosure and assess whether the evidence supports the allegations made by the Crown.
Can a robbery charge be defended at trial?
Yes. An accused person has the right to have the allegations determined through the criminal justice process. At trial, the Crown must prove the required elements of the offence beyond a reasonable doubt. The defence may challenge evidence, cross-examine witnesses, and present legally available arguments based on the circumstances.
What should I do after being accused of robbery?
Avoid discussing the details of the allegation publicly or with people who may become witnesses, and obtain legal advice promptly. Keep documents provided by police or the court and follow any release conditions. A criminal defence lawyer can explain the charge, disclosure, court process, and available legal options.
Can a robbery lawyer help with a firearm-related allegation?
A criminal defence lawyer can review the specific firearm allegations, the evidence concerning the firearm, and the provisions of the Criminal Code that may apply. Firearm-related robbery allegations can carry particularly serious sentencing consequences, so obtaining legal advice early can be important when determining an appropriate defence strategy.
How can I discuss my robbery case with a lawyer?
You can contact Saggi Law Firm to discuss the circumstances of your case and obtain information about the legal process. During a consultation, you can explain the allegations, relevant events, and documents you have received. The lawyer can then identify issues that may require further review and explain potential legal options.