Robbery Charges
Robbery combines a property offence with a violence element and the Crown treats that combination seriously. Our Calgary criminal defence lawyers identify weaknesses in robbery prosecutions from the first day we are retained and build defences tailored to the specific evidence against you.
This page was written by the criminal defence lawyers at Hoare Claxton based on their experience appearing in Calgary courts. It is reviewed periodically for accuracy.
Robbery is not just a theft charge with an assault attached. Under the Criminal Code it is its own serious offence that carries significant mandatory minimum sentences and a maximum of life imprisonment in the most serious cases. The Crown treats it seriously because the combination of property crime and violence is treated as categorically more harmful than either element alone.
The prosecution's case in a robbery matter almost always depends on witness identification, video surveillance footage, and inferences about what the accused intended at the time of the incident. Each of those categories of evidence has real vulnerabilities. Identifying and developing those vulnerabilities is where the defence begins.
If you or someone you know has been charged with robbery, call us immediately. (587) 355-8889. Available 24 hours a day.
What Robbery Means Under the Criminal Code
Section 343 of the Criminal Code defines robbery as stealing while using violence or threats of violence, or assaulting a person with intent to steal from them. The Crown must prove two things for a robbery conviction: that theft occurred or was intended, and that force, threatened force, or an assault was used in the presence of the victim in connection with that theft. That two-element structure is important for the defence. Both elements must be proven beyond a reasonable doubt. A weakness in either one is a weakness in the entire charge.
Robbery Using Violence
Where actual physical force was used against the victim in the course of stealing or attempting to steal. The force must be connected to the theft. Violence that occurred before or after the theft and independently of it may not satisfy this element.
Robbery Using Threats
Where the accused threatened to use violence against the victim in order to obtain property. The threat must have been made with the intent to steal and must have been of a nature that caused the victim to reasonably apprehend immediate violence.
Assault with Intent to Steal
Where the accused assaulted the victim with the intention of stealing from them, even if the theft was not ultimately completed. The intent element is what connects the assault to the robbery charge and it is frequently the most contested aspect of the prosecution's case.
Armed Robbery
Where a firearm or other offensive weapon was used or threatened during the robbery. Armed robbery carries mandatory minimum sentences that begin at four years for a first offence involving a restricted or prohibited firearm and escalate significantly for subsequent offences or offences involving organized crime. These are among the most aggressively prosecuted robbery matters.
Why Robbery Carries More Serious Consequences Than Theft or Assault Alone
The maximum sentence for robbery is life imprisonment. That is the same maximum as second degree murder. It reflects the legislature's view that combining theft with violence or the threat of violence creates a qualitatively different and more serious harm than either offence would produce in isolation.
In practical sentencing terms, a first offence robbery conviction where no weapon was used and no serious injury resulted will land well below the maximum. But custody is a realistic outcome in most robbery matters and the Crown pursues these charges accordingly.
The collateral consequences compound the direct sentencing impact. A robbery conviction creates bail difficulties if the accused is charged with anything in the future. It affects immigration status. It appears on background checks and affects employment in positions of trust. It renders a person inadmissible to the United States. These consequences last long after any sentence is completed.
Where the Crown's Case Is Most Vulnerable
Mistaken Identity
A significant number of robbery prosecutions depend on witness identification evidence. A victim or bystander who identified the accused under stressful, fast-moving circumstances is not automatically reliable. Eyewitness identification is one of the most frequently criticized forms of evidence in wrongful conviction cases. We examine the circumstances of every identification in a robbery file, including the lighting, the duration of the encounter, the level of stress experienced by the witness, and any inconsistencies between their initial description and the accused's actual appearance.
Video Evidence Quality and Interpretation
Surveillance footage is commonly relied upon in robbery prosecutions. The quality of that footage, the angle of the camera, the lighting conditions, and whether the footage actually shows what the Crown says it shows are all subject to challenge. Low quality footage that is said to identify an accused person is not reliable simply because the Crown says it is.
Absence of Intent to Steal
The Crown must prove theft or an intention to steal. Where the evidence of intent is ambiguous, where the accused had a lawful claim to the property, or where the circumstances do not support an inference of theft beyond a reasonable doubt, this element is a live defence.
The Connection Between Force and Theft
The violence or threat must be connected to the theft. An assault that occurred in the same vicinity as a theft but was motivated by something other than stealing does not automatically become robbery. The Crown must establish the connection between the two elements and where that connection is unclear, the charge cannot stand.
Charter Violations
Robbery investigations frequently involve police searches, line-up procedures, and custodial interrogations, each of which generates Charter considerations. If a search was conducted without proper grounds, if a photo line-up was conducted in a way that was suggestive or unfair, or if the accused was questioned without being properly advised of their right to counsel, those are live grounds for challenging the admissibility of the evidence that resulted.
Bail After a Robbery Charge
Robbery charges create real bail difficulties. The violence element gives the Crown grounds to argue the secondary ground for detention, namely that the accused poses a risk of reoffending and endangering public safety. Armed robbery matters may carry a reverse onus provision depending on the specific allegations.
A well-constructed bail plan that directly addresses the Crown's public safety concerns is essential. Who the surety is, what conditions are proposed, and what the accused's personal circumstances and background demonstrate about the actual risk they pose are all factors that determine whether release is secured.
We appear at robbery bail hearings regularly. Call us immediately if someone is in custody tonight.
A defence built in four steps.
We Listen
You tell us exactly what the Crown alleges happened, what witnesses were involved, what video evidence exists, what was seized during the investigation, and what your version of events is. Everything is protected by solicitor-client privilege from the first call.
We Identify Risks
We assess the identification evidence, the video footage, the Crown's theory of intent, and whether Charter issues arise from how the investigation was conducted. We find where the prosecution's case is most fragile.
We Explain Your Options
We tell you what the charge actually means for your specific situation, what the realistic sentencing range looks like, and what the defence strategy is that gives you the best available outcome. No softening.
We Take Action
We address bail immediately if you are in custody. We obtain full disclosure, challenge identification and video evidence, pursue Charter arguments, and build the most targeted defence the evidence allows from the first day we are retained.
Frequently Asked Questions
What does the Crown have to prove for a robbery conviction?+
The Crown must prove two things beyond a reasonable doubt. First, that theft occurred or was intended. Second, that force, threatened force, or an assault was used in connection with that theft in the presence of the victim. Both elements must be established. A weakness in either one is a weakness in the entire robbery charge. The connection between the violence and the theft is frequently one of the most important battlegrounds in these cases.
Is robbery treated differently from theft and assault?+
Yes, significantly. Robbery carries a maximum sentence of life imprisonment, which is far beyond the maximum for either theft or assault alone. This reflects the legislative view that combining property crime with violence creates a categorically more serious harm. In practical terms, robbery prosecutions are more aggressively pursued, bail is more difficult to secure, and sentencing is considerably more serious than for either element of the offence in isolation.
What if a witness identified me but they are wrong?+
Mistaken identification is one of the leading causes of wrongful convictions in robbery cases. Witnesses who make identifications during stressful, fast-moving incidents are not automatically reliable. We examine every identification in detail, including the conditions under which it was made, the consistency of the witness's description over time, and whether the procedure used by police to present the identification was fair and non-suggestive. Where the identification evidence is unreliable, it can be challenged at trial and sometimes excluded entirely.
Does robbery carry a mandatory minimum sentence in Canada?+
It depends on the specific charge. Robbery with a firearm carries mandatory minimum sentences that begin at four years for a first offence involving a restricted or prohibited firearm. Robbery without a weapon does not carry a mandatory minimum, though custody is a realistic sentencing outcome in most matters. The actual sentence imposed depends on the specific circumstances, the accused's background, and the quality of the defence and sentencing submissions.
Can I get bail after a robbery charge?+
Yes, though robbery bail hearings require careful preparation. The violence element gives the Crown grounds to argue the accused poses a risk to public safety, which is the secondary ground for detention. Armed robbery matters may involve a reverse onus provision. A comprehensive bail plan that directly addresses the Crown's public safety concerns, supported by a credible surety and appropriate conditions, is essential. We appear at robbery bail hearings regularly and have secured release for clients in these matters.
Related Practice Areas
Robbery charges frequently involve bail hearing applications, weapons allegations, and assault charges arising from the same incident. Where identity is in dispute, the defence overlaps with the same evidence challenges that arise in break and enter and theft matters.
Bail Hearings Calgary
Robbery bail hearings require a plan that anticipates the Crown's public safety arguments. We appear regularly on these matters.
READ THE DEFENCE GUIDEAssault Offences Calgary
The violence element in a robbery charge often overlaps with assault allegations arising from the same incident.
READ THE DEFENCE GUIDEWeapons and Firearms Offences Calgary
Armed robbery carries mandatory minimums and companion weapons charges that must be defended together with the robbery count.
READ THE DEFENCE GUIDEBreak and Enter Calgary
Where identity is in dispute, the same evidence challenges arise in break and enter and theft-related prosecutions.
READ THE DEFENCE GUIDEGeneral Criminal Defence Calgary
Full-service criminal defence across Calgary and Alberta with an emphasis on Charter litigation and trial advocacy.
READ THE DEFENCE GUIDECharged With Robbery in Calgary?
Early legal representation matters in robbery cases. The sooner we are reviewing the identification evidence, the video footage, and the Crown's theory of the offence, the stronger the defence we build.
Call (587) 355-8889. Free consultation. Available 24 hours a day.