Milton Robbery Offence Lawyer
Robbery is a combination of the offences of Theft and Assault . Robbery is the taking of property through the use of violence, threats of violence, a weapon or imitation weapon in the commission of the offence. An utterance of a threat of force, before the taking of someone’s property, is sufficient to establish the offence of Robbery. If someone is killed during the course of a robbery, the prosecution can lay the additional charge of First-Degree Murder
Robbery is considered to be a violent offence and thus deemed one of the more serious criminal charges. The court will look at additional aggravating factors of the case to determine the severity of the charge such as: the use of weapons; if anyone was injured or killed; the vulnerability of the complainant; the value of property stolen; the criminal history of the accused; and, whether the accused is associated with any organized crime.
Criminal Code of Canada: Robbery
The Criminal Code of Canada defines Robbery as:
- 343 (1) Every one commits robbery who
- 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;
- 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;
- Assaults any person with intent to steal from him; or,
- Steals from any person while armed with an offensive weapon or imitation thereof.
Criminal Code of Canada: Robbery – Sentence
- 344 (1) Every person who commits robbery is guilty of an indictable offence and liable
- If a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and a minimum punishment of
- In the case of a first offence, 5 years
- In the case of a second or subsequent offence, 7 years
(a.1) in any other case where a firearm is used in the commission of the offence to
imprisonment for life and to a minimum punishment of imprisonment for a term of 4
- In any other case, to imprisonment for life.
What is Considered to be a Firearm?
Firearms are defined in S. 2 of the Criminal Code of Canada to include: “barreled weapon from which any shot, bullet or other projectile can be discharged and that is capable of causing serious bodily injury or death to a person, and includes any frame or receiver of such a barreled weapon and anything that can be adapted for use as a firearm”.
What is Armed Robbery?
Armed robbery is using any kind of weapon or firearm in the commission of the offence of Robbery. The minimum sentence is 4 years’ imprisonment and the maximum sentence for armed robbery is life imprisonment.
Why Retain Passi & Patel Criminal Lawyers for your Robbery Charge?
If you, a friend or a loved one, are charged with Robbery, this charge must be taken seriously. We, at Passi & Patel, understand the very significant consequences and long-term repercussions that may follow a conviction for the charge of Robbery.
Robbery is an indictable offence and carries a maximum sentence of life imprisonment. If a robbery is carried out with a firearm, or the accused is involved in a criminal organization, the Criminal Code of Canada sets out minimum sentences.
This is a highly specialized area of law that requires the knowledge and expertise of skilled legal counsel. We, at Passi & Patel, have the experience, and knowledge to provide effective and thorough representation for those charged with offences of this nature. As experienced and skilled Milton criminal lawyers, we will take all the necessary steps to obtain the best possible results.
Contact Passi & Patel Criminal Lawyers today to get the process started with a no obligation consultation.