The criminal offence of robbery is defined in Section 344 of the Criminal Code of Canada. It is a crime where one person steals property from another person, while using violence or the threat of violence. It is important to note robbery is not theft because robbery has the added element of the use of, or threat of using violence against another in order to steal the property.
In some robbery cases, there are circumstances where various factors are considered to be “aggravating.” The Crown will examine these factors and take them into consideration when filing charges against the accused. Some of the more common factors which are considered “aggravating,” include whether the victim was either injured or killed, what form of weapon was used to commit the crime, where the crime was committed, and whether there were any bystanders, who were either injured or killed.
It should be noted if either the victim or any bystanders were killed during the commission of robbery, the Crown can seek a first-degree murder charge. Further, any robbery, where a firearm was used to commit the robbery, including air pistols, it is considered armed robbery. If you are found guilty of armed robbery, you will be imprisoned for a minimum of four years.
The Criminal Code of Canada’s Definition of Robbery
Section 344 defines the crime of robbery, summarized, as follows:
(1) Every individual who is found guilty of committing robbery has committed an indictable offence, and is liable
- If a prohibited or restricted firearm is used during the commission of the crime, or if any firearm is used during the commission of the crime, and the crime was committed in association with, for the benefit of, or at the direction of a criminal organization, to live imprisonment, and to minimum imprisonment period of
- Five years for a first offence, and
- Seven years for second and subsequence offences.
Why Should You Retain Criminal Lawyers Passi & Patel for Robbery Charges
Robbery is a very serious criminal offence which has a maximum penalty of life in prison. Additionally, in certain cases, where an accused person used a firearm to commit the robbery, the Criminal Code of Canada defines mandatory minimum imprisonment periods, if found guilty of the charges. It is for this reason, if you, a loved one, or friend has been charged with robbery, you need the assistance of effective and experienced legal representation.
At Passi & Patel, our Mississauga criminal lawyers are dedicated and committed to cases of this nature and bring the knowledge and expertise they require. Do not delay, contact us today at 647-898-8018 for a free case evaluation and consultation with one of our Mississauga criminal lawyers. We are here to help you get through this difficult time and help you obtain the best possible results.