Robbery Lawyers Toronto

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.

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 more than trivial. 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.

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.

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.

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.

While not a distinct statutory offence, robbery with a firearm or offensive weapon is what most people mean by armed robbery. Mandatory minimum sentences apply under section 344(1)(a) only where the firearm is restricted or prohibited, or any firearm is used for a criminal organization. The presence of a weapon affects bail, the likelihood of direct indictment, and sentencing range.

Attempting to commit robbery carries up to 14 years in jail. But because assaulting someone with the intent to steal is itself robbery under section 343(c), many incidents that sound like an attempt are charged as robbery.

Robbery carries a maximum sentence of life imprisonment. Section 344 provides a mandatory minimum of five years on a first offence and seven years on a second or subsequent offence where a restricted or prohibited firearm is used, or where any firearm is used for the benefit of, at the direction of, or in association with a criminal organization. The four-year minimum that used to apply to robbery with any other firearm was repealed in 2022 and was not restored by the 2026 amendments.

Using an imitation firearm can be charged separately under section 85(2). It no longer carries a minimum sentence, but it carries up to 14 years and any sentence must be served consecutively to the robbery sentence.

If a firearm is used in a robbery committed for the benefit of, at the direction of, or in association with a criminal organization, penalties increase — whether or not the firearm is restricted or prohibited:

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

The same minimums apply to any robbery with a restricted or prohibited firearm, with or without a criminal organization. A criminal organization allegation also reverses the onus at bail.

Canada does not use the word felony. Robbery is an indictable offence, the Canadian equivalent of a serious felony: it can only be prosecuted by indictment and carries up to life imprisonment.

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.

Yes. Because robbery usually 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.

Robbery charges often arrive alongside assault, theft, or weapons possession.

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.

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. Read more about youth criminal cases.