Robbery & Violent Crimes
In Canada, getting caught up in a robbery is not just a minor issue—it’s a major legal mess that could land you behind bars for a long, long time, even life. Imagine robbery as theft but with a twist—it’s theft with muscle, using threats or actual violence to get what is taken.
This is where having a sharp criminal lawyer by your side becomes crucial.
Robbery, as per section 343 of Canada’s Criminal Code, is basically:
Grabbing something and, to keep hold of it or to stop anyone from fighting back, you either turn your muscles or scare them with threats;
Taking from someone and either during the snatch or just before or after, you decide to add injury to insult by getting physical with them;
Jumping someone with the idea of robbing them blind; or
Pulling off a heist while armed with something that could cause serious harm, or at least pretending to.
Robbery vs. Theft
Robbery and theft might seem like twins at first glance, but they are more like distant cousins once you get into the details. Robbery packs a punch, involving force or the threat of it to snatch someone’s belongings.
It is not picky about the price tag of what’s taken, either. On the flip side, theft is the act of taking stuff without permission, with the law drawing a line between small fines (under $5000) and big-ticket heists (over $5000).
How is Robbery with Violence Proven?
Navigating the legal landscape of a robbery charge demands airtight evidence from the prosecution, similar to any criminal accusation, to establish guilt beyond a shadow of a doubt. Here’s an examination of what needs to be crystal clear in court:
- The Act of Taking: At the heart of robbery is the act of taking belongings without the green light from the owner, whether snatched directly from them or their domain.
- Force or the Fear of It: The twist? The perpetrator must exert or hang the threat of force, be it a harsh word or a physical act, to pull off the heist. It’s about making the victim feel cornered.
- The Plan: It is not robbery without the deliberate choice to intimidate or use force to commit theft. What is the perpetrator’s game plan? To leave with the loot through intimidation.
- Awareness: Knowing full well that the grab is against the owner’s wishes seals the deal on it being a robbery.
Which Type of Robbery is Most Common?
Imagine you are chilling in Toronto, and suddenly, you are hit with an assault with a deadly weapon Canada charge. That is no joke. First, it is violent. Also, when a weapon enters the scene, it is like adding fuel to the fire, making things way more intense.
According to the Criminal Code of Canada, waving a weapon around or even faking it during an assault is seriously bad news.
Repercussions of a Robbery Conviction
Facing robbery charges is like hitting an iceberg head-on—not only do you risk time behind bars, but the aftermath could surprise your whole life:
- Say goodbye to some job prospects and certain career paths;
- Immigration problems
- Forget about travelling freely;
- Prepare for a potential media spotlight
- Deal with the cringe-worthy moment of explaining it to your family and friends.
If you or a loved one is tangled up in robbery charges, reach out to Kazandji Law at 647-692-1756.
Potential Defences Against Robbery Charges
You need a theft attorney from Toronto with the knowledge to craft a bulletproof defence.
- Prove they have got the wrong guy.
- The question is whether the witnesses or the proof they are peddling hold water.
- Make the case you had zero plans to swipe anything or flex your muscles.
- Argue the whole “force or fear” tactic was not part of the plan.
- No weapon or its lookalike was in the picture.
- Say you had the green light or the nod to grab the goods.
- Insist there was a mix-up or you truly thought you had dibs on the property.