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Robbery Lawyer Toronto | Daniel Brown Law

Defending Robbery Charges in Ontario

Robbery is one of the most serious property offences in the Criminal Code. Unlike theft, it involves force or threats, which means the Crown treats it as a violent offence — and the courts do too. A conviction carries a maximum of life imprisonment and frequently results in a penitentiary sentence, even on a first offence.

Daniel Brown Law defends robbery charges across the Greater Toronto Area and Ontario, including Toronto, Newmarket, Oshawa, Brampton, and Milton. Daniel Brown Law is recognized among Canada’s top criminal defence firms — see our recognition below.

If you or someone you know has been charged with robbery, contact our office immediately at (416) 297-7200.

Awards & Recognition

Daniel Brown Law is consistently recognized as one of Canada’s leading criminal defence firms.

Why Choose Daniel Brown Law for Your Robbery Case

Robbery prosecutions move fast and the stakes are severe. A conviction carries a maximum of life imprisonment, and armed robbery brings mandatory minimum penitentiary sentences. The lawyer hired in the first 48 hours often shapes the entire case — bail conditions, disclosure strategy, and whether the Crown elects to proceed by indictment.

A boutique focused on criminal defence. Daniel Brown Law represents people charged with crimes — that is all the firm does. Our lawyers have defended robbery cases at every level of court in Ontario, from first-appearance bail hearings to contested trials before juries to appeals at the Court of Appeal for Ontario.

Depth of senior bench. Robbery files don’t get handed to a junior. Daniel Brown, Mark Halfyard, and Hilary Dudding are all listed in The Best Lawyers in Canada for criminal defence. Daniel is a certified specialist in criminal law. The firm’s lawyers have run multi-week violent-offence trials, argued sentencing appeals, and obtained bail in cases the Crown opposed.

Bail-stage urgency. Robbery charges almost always trigger Crown show-cause hearings, which means the Crown is asking the court to detain the accused in custody until trial. We prepare bail materials with the same care most firms reserve for trial — identifying sureties, anticipating Crown concerns, and framing the release plan a justice will accept.

Trial and appellate capability under one roof. Robbery sentences are severe enough that an appeal is often part of the conversation from the start. Our lawyers handle both stages, which means the trial record is built with appellate review in mind — a meaningful advantage when sentencing or conviction is later challenged.

Across the GTA and Ontario. We appear regularly in Toronto, Newmarket, Oshawa, Brampton, Milton, Hamilton, and Barrie courthouses, and travel to other Ontario courts as a case requires.

Speak with a criminal lawyer. Call Daniel Brown Law at (416) 297-7200 to discuss your robbery charge confidentially.

Consequences of a Robbery Conviction

A robbery conviction goes far beyond jail time. Collateral consequences can include:

  • Job loss and disqualification from certain professions
  • Immigration problems, including possible deportation for non-citizens
  • Denial of entry into the United States and other countries
  • Lasting stigma of a criminal record stored in the national CPIC database
  • Media coverage of the conviction, damaging personal reputation

For more on collateral impacts, see our page on criminal records in Canada.

Frequently Asked Questions About Robbery Charges in Ontario

What is robbery?

Robbery is defined in section 343 of the Criminal Code. The offence covers several scenarios: stealing while using violence or threats of violence; wounding, beating, striking, or using personal violence against someone in order to steal; assaulting someone with the intent to steal; and stealing while armed with an offensive weapon or imitation of one.

What ties all of these together is the combination of theft with force or the threat of force. The law treats that combination as fundamentally different from property crime alone — because it creates danger for the victim in a way that theft by itself does not.

What level of violence is required?

Courts recognize a broad range of actions as “violence” for robbery. For example:

  • Striking, wounding, or beating the victim during a theft;
  • Holding a person’s arms to prevent resistance;
  • Using personal force immediately before or after a theft.

The violence need not cause physical harm, but it must be substantial. On the other hand, a minor technical assault, such as nudging or bumping, may not meet the definition.

A person may also be guilty of robbery if they steal while armed with an offensive weapon or imitation weapon. The weapon does not need to be used or even brandished—mere possession during the theft is sufficient.

What counts as a threat of violence?

Whether words or actions amount to a “threat of violence” depends on the circumstances. Courts consider:

  • The words spoken and how they were delivered;
  • The accused’s appearance and demeanor;
  • The time, place, and manner of the entry into premises.

Even implied threats can elevate a theft to robbery.

What is the difference between robbery and theft?

Theft under the Criminal Code involves taking something without consent and without the use of force or threats. Robbery requires that the accused used or threatened violence in connection with the taking. The presence of force — or the threat of it — is what elevates the offence from a property crime to a violent one.

What does the Crown have to prove?

To obtain a conviction for robbery, the Crown must prove beyond a reasonable doubt that the accused stole or attempted to steal property, that violence or threats were used in connection with the taking, and the identity of the accused. The mens rea requires that the accused intended to steal and intended to use or threaten force.

What are the penalties for robbery in Ontario?

Robbery carries a maximum sentence of life imprisonment. For robbery with a firearm, section 344 provides a mandatory minimum of four years on a first offence and seven years on a second or subsequent offence. Robbery with an imitation firearm carries a mandatory minimum sentence of one year in jail. Even without a firearm, robbery convictions frequently result in federal sentences of two years or more.

What if the robbery is linked to a criminal organization?

If the robbery involves a restricted or prohibited firearm and is connected to a criminal organization, penalties increase:

  • First offence: Minimum of five years in jail.
  • Second or subsequent offence: Minimum of seven years in jail.

What defences are available to a robbery charge?

Defending a robbery charge requires a careful review of the evidence. Possible strategies include:

  • Identity defence: Challenging whether the accused was the perpetrator.
  • No intent: Showing the accused did not intend to use violence or threats.
  • Lack of evidence: Exposing weaknesses in witness testimony or surveillance footage.
  • Charter rights breaches: Excluding evidence obtained through unlawful searches or detentions.

Other potentially available defences include no theft (claim of right), alibi evidence, and in limited circumstances, duress.

Can I be convicted of a lesser offence instead?

Yes. Because robbery requires proof of both a theft and an assault (or threat), a court may convict you of theft alone or assault alone if the Crown fails to prove one of the elements. Learn more about these offences on our pages for assault defence and theft defence.

What is armed robbery?

While not a distinct statutory offence, robbery with a firearm or offensive weapon carries mandatory minimum sentences under section 344(1)(a). The presence of a weapon affects bail, the likelihood of direct indictment, and sentencing range.

Youth charged with robbery

Young persons face robbery charges under the Youth Criminal Justice Act (YCJA). While youth sentences may be shorter, the stigma and collateral consequences remain significant.

What happens at bail for a robbery charge?

Because robbery is considered a violent offence, obtaining bail can be challenging. Even standard robbery charges routinely result in Crown show cause hearings. Effective bail preparation — identifying sureties and addressing Crown concerns before the hearing — can mean the difference between awaiting trial at home or in custody. Our lawyers regularly argue bail hearings for robbery charges in Toronto courts. Learn more on our page about Toronto bail hearings.

Related Charges

Robbery charges often arrive alongside assault, theft, or weapons possession. See our legal commentary on robbery for more.

Speak with a Robbery Lawyer in Toronto

Call Daniel Brown Law at (416) 297-7200 for a confidential consultation. We appear in courts across the GTA and Ontario.

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