Robbery Lawyer Toronto

• Theft

Theft is the intentional taking of property that belongs to another person. You can be charged with Theft Under $5000 or Theft Over $5000.

• Break and Enter

Break and Enter involves entering into a place with the intention of committing an indictable offence. The accused is not required to break in in order to be guilty of this offence. Simply walking through someone's door may be sufficient. If the accused breaks in and steals property, in addition to being charged with Break and Enter, the accused may also be charged with theft, possession of property obtained by crime, or mischief (as a result of damages).

• Robbery

Robbery differs from theft in that the accused will have used violence or the threat of violence to obtain the stolen items. The act or threat of violence must occur before the theft for the offence of robbery to be made out. If the accused uses a weapon to intimidate the victim, they will be charged with armed robbery.

Factual Innocence: Failure of the Crown to prove every essential element of the specific offence beyond a reasonable doubt.

Involuntary Intoxication: The involuntary consumption of alcohol or drugs may negate the mental element of the accused's actions. The accused cannot have taken the substance voluntarily to invoke this defence.

Violation of Charter Rights: Under the Canadian Charter of Rights and Freedoms, individuals are afforded specific rights, including:

• the right against unreasonable search and seizure;
• the right to not be arbitrarily detained;
• the right to be informed promptly of the reasons for arrest;
• the right to retain and instruct counsel without delay; and
• the right to be tried within a reasonable time.

A successful Charter challenge may also result in a stay of proceedings, or evidence from your case being excluded.

<p>Under the Criminal Code of Canada, Robbery is deemed one of the more serious offences. Given that it is a straight indictable offence, you will have the right to a trial in the Superior Court of Justice, and you may exercise your right to be tried by a jury. If you are found guilty, the charge of Robbery is punishable by a sentence of up to life in prison.</p>

<p>If a <a href="https://cflaw.ca/toronto-assault-with-a-weapon-lawyer"><u>firearm</u></a>, or an imitation thereof is used in the commission of a Robbery, mandatory minimum sentences of incarceration are imposed should you be convicted.</p>

<p>There are many factors that will exacerbate the severity of a Robbery allegation, including, but not limited to, an offender's age and criminal record. Other factors are:</p>

<ul type="disc">

      <li>The use of any <a href="https://cflaw.ca/toronto-all-weapons-offences-lawyer">weapons</a>;</li>

      <li>The degree of violence used;</li>

      <li>Any injuries that were caused to the complainant;</li>

      <li>The vulnerability of the complainant;</li>

      <li>The value of the stolen property, etc.</li>

</ul>

Under the Criminal Code of Canada, Robbery is deemed one of the more serious offences. Given that it is a straight indictable offence, you will have the right to a trial in the Superior Court of Justice, and you may exercise your right to be tried by a jury. If you are found guilty, the charge of Robbery is punishable by a sentence of up to life in prison.

If a firearm, or an imitation thereof is used in the commission of a Robbery, mandatory minimum sentences of incarceration are imposed should you be convicted.

There are many factors that will exacerbate the severity of a Robbery allegation, including, but not limited to, an offender's age and criminal record. Other factors are:

• The use of any weapons;
• The degree of violence used;
• Any injuries that were caused to the complainant;
• The vulnerability of the complainant;
• The value of the stolen property, etc.

Whenever force, or the threat of force, coincides with taking property or attempting to take property from another person, a robbery allegation can be made.

According to the Criminal Code of Canada, one commits robbery in the following circumstances:

• 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

A threat of violence can be implied. Any action done by the accused that leads the complainant to reasonably believe physical injury could occur is sufficient.

The act or threat of violence must occur before or at the same time as the theft. If the violence or threat of violence occurs after the theft, this would not constitute the offence of robbery.