Offence against property
Robbery defence lawyer
Arts. 237-242 Criminal Code
Robbery is distinguished from theft by the use of force against property or violence and intimidation against persons, and that distinction carries the most weight in classification: the same taking can be read as robbery or as theft depending on how the method used is proven.
Where there are prior convictions or reoffending is found, the sentence is easily aggravated, so the defence strategy usually focuses both on the specific act and on the record the prosecution will try to bring into the proceedings.
Prior convictions and the exact classification of the act are what separate a fine from an actual prison sentence — neither can be assumed without reviewing the case file.
Scope of work
- Assistance to the detainee and involvement from the first statement
- Challenging a robbery classification where it should properly be reduced to theft
- Defence against aggravation for the use of weapons or reoffending
- Negotiating a plea agreement where the evidence is strong
When to call
- You have been detained or summoned as a suspect over a robbery
- You are accused of using violence or intimidation you believe did not occur
- You have prior convictions the prosecution may use to aggravate the sentence
Frequently asked questions
What distinguishes robbery from theft?
Robbery requires force against property (forcing a door, a lock) or violence and intimidation against persons; theft is a taking without those means. The same taking can be classified either way depending on what is actually proven, not on what the initial police report states.
Can pre-trial detention be ordered for a robbery?
It depends on the sentence the offence carries, the risk of flight and the suspect's record; it is not automatic. It is assessed case by case and its substitution for less onerous measures can be requested.
What happens if several people are involved?
Each participant answers according to their actual degree of involvement — principal, necessary accomplice, secondary accomplice — which does not always match what the police report suggests. Establishing each person's real role is a central part of the defence.