Robbery Lawyer in Toronto
Jonathan Pyzer and the experienced robbery defence lawyers at Pyzer Criminal Lawyers have over 20 years of experience defending clients against robbery charges in Toronto and the Greater Toronto Area. Our criminal lawyer team understands that robbery charges carry severe penalties, including lengthy prison sentences and significant fines, whether you’re facing armed robbery, robbery with violence, or other related crimes.
We provide strategic legal representation and have extensive experience achieving positive outcomes in even the most serious robbery cases. Having an experienced defence team by your side is critical for these serious charges.
With a 4.9-star Google rating and over 150 Google reviews, our clients trust us to secure the best possible result for your case.
Call us now at (416) 658-1818 for a free consultation and begin building your defence today.
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Secure Your Defence Against Robbery Charges with Experienced Legal Representation
What Is Robbery?
Robbery, as defined in Section 343 of the Criminal Code of Canada, is a serious criminal offence involving theft combined with violence or the threat (either implicit or explicit) of violence. It is a strong legal defence.
- Stealing and using violence or threats of violence to extort or prevent resistance.
- Stealing and wounding, beating, striking, or using personal violence immediately before, during, or after the theft.
- Assaulting any person with the intent to steal.
- Stealing while armed with an offensive weapon or imitation thereof.
The critical factor distinguishing robbery from other theft-related offences is the involvement of violence or the threat of violence. Understanding this distinction is crucial, as it empowers you to recognise the gravity of robbery charges and the importance of a strong legal defence.
What Is Armed Robbery?
Armed robbery, as specified under Section 343(d) of the Criminal Code of Canada, involves committing robbery while armed with an offensive weapon or an imitation thereof. According to Section 343(d), “Everyone commits robbery who steals from any person while armed with an offensive weapon or imitation weapon.”
An offensive weapon, as defined by the Criminal Code, includes any item used to cause death or injury or to threaten or intimidate. Common examples of offensive weapons are firearms and knives. However, an object is considered an offensive weapon only if there’s intent to cause harm or intimidate.
Armed robbery is distinct from simple theft due to the presence of a weapon and the implicit or explicit threat of violence. This combination of elements makes armed robbery a more serious offence in the eyes of the law, reflected in the potential for life sentences and mandatory minimum sentences in certain cases.
What Is Aggravated Robbery?
Aggravated robbery is a more severe form of robbery, involving additional factors that increase the seriousness of the offence. Aggravated robbery involves inflicting non-transitory bodily harm on the victim during the robbery.
Several aggravating factors can result in more severe charges or increased penalties, including:
- Employing a weapon, particularly a firearm: The use of weapons not only elevates the danger but also the legal consequences.
- Causing bodily harm or death to the victim: Any physical harm inflicted on the victim during the robbery escalates the severity of the offence.
- Collaborating with a group or criminal organisation: Participation in organised criminal activities or working with accomplices can lead to harsher penalties.
- Having prior criminal convictions, especially for similar offences: A history of similar criminal behaviour can result in more stringent sentencing.
- Targeting vulnerable victims, such as children or the elderly: Offences against particularly vulnerable individuals are treated with greater severity.
Understanding these aggravating factors is crucial for anyone facing robbery charges, as they significantly impact the legal strategy and potential penalties. An experienced criminal defence lawyer is essential in addressing these complexities and aiming for the best possible outcome.
Potential Defences Against Robbery Charges in Toronto
Robbery charges can be complex, but a variety of legal defences may be available. The specific circumstances of your case will determine which defences are most applicable. Still, seeking legal counsel is essential to explore all possible options.
Below are some of the primary defences that can be used in court to protect the rights of the accused and aim for the best possible outcome.
Establishing an Alibi
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Proving Lack of Intent
One of the most common defences is demonstrating that the accused lacked the criminal intent required for a robbery conviction. In a robbery case, the prosecution must prove intent beyond a reasonable doubt. The defence can introduce evidence or circumstances that show a lack of intent, such as demonstrating that the accused’s actions were misunderstood or that they did not plan to commit a robbery.
Challenging Identification
Given that robbery often involves disguises or quick interactions, there’s a possibility of mistaken identity. The defence of mistaken identity argues that the accused was incorrectly identified as the perpetrator. This defence can involve presenting an alibi, introducing DNA evidence, or highlighting inconsistencies in eyewitness testimony. Eyewitness misidentification is a common issue in criminal cases, and proving that the wrong person was identified can result in the accused’s acquittal.
Arguing Duress
Duress is a defence claiming that the accused committed the robbery under the threat of immediate harm to themselves or others. To succeed with this defence, it must be shown that the threat was immediate and serious and left the accused with no reasonable alternative but to comply. A successful duress defence can lead to a stay of proceedings, as the accused’s actions were not voluntary.
Exposing Lack of Evidence
Challenging the prosecution’s ability to prove guilt beyond a reasonable doubt is crucial in a robbery case. This defence involves scrutinising the prosecution’s evidence, finding inconsistencies, and highlighting gaps in their case. If the defence is successful in raising enough doubt about the prosecution’s case, the jury may not be able to find the defendant guilty beyond a reasonable doubt, which would result in an acquittal.
Asserting Charter Rights Violations
If the police violated the accused’s Charter rights during the investigation or arrest, such as conducting an illegal search or failing to inform the accused of their right to counsel, the evidence obtained may be excluded, weakening the prosecution’s case. This could potentially lead to a stay of proceedings, especially if the prosecution’s case relies heavily on such evidence.
This defence strategy is complex and requires a thorough understanding of Charter rights and the legal procedures involved.. With the help of experienced legal representation, individuals facing robbery charges can navigate the complexities of the legal system and build a robust defence.
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Role of a Criminal Defence Lawyer in Robbery Cases
The role of a criminal lawyer in a robbery case is crucial to ensuring the accused receives a fair trial and the best possible outcome. Experienced legal representation is essential for navigating the complexities of the legal system and for building a strong defence.
Legal Representation and Consultation: A criminal defence lawyer provides legal advice and representation throughout the legal process, starting with an initial consultation to understand the case details and offer advice. Ongoing representation ensures the client’s rights are protected at every stage.
Case Analysis and Investigation: Thorough case analysis and investigation are key to a robust defence. The lawyer collects evidence, interviews witnesses, and reviews police reports to uncover details supporting the defence and challenging the prosecution’s case.
Legal Strategy Development: Developing a tailored defence strategy involves considering options like alibi, lack of intent, challenging identification, duress, lack of evidence, and Charter rights violations. The lawyer assesses the case to determine the most effective strategies.
Court Representation: Court representation includes presenting the defence case, cross-examining witnesses, presenting evidence, challenging the admissibility of evidence, and making legal arguments. Effective representation requires a deep understanding of legal procedures and persuasive communication to challenge the prosecution and advocate for the client.
Negotiation and Plea Bargaining: Negotiation and plea bargaining are crucial for achieving favourable outcomes. If a conviction is unavoidable, the lawyer can advocate for alternative sentencing options like probation, community service, or rehabilitation programs.
Jonathan Pyzer has secured acquittals and reduced charges in robbery cases by proving mistaken identity, demonstrating self-defence, and exposing procedural violations during police investigations. Our approach focuses on creating reasonable doubt about your identity and intent while challenging the Crown’s evidence at every stage.
Call (416) 658-1818 now to speak with an experienced robbery defence lawyer.
Proven Results in Robbery Cases
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Penalties and Consequences for a Robbery Conviction
The penalties for a robbery conviction in Canada are severe and can vary significantly based on the specific circumstances of the offence. Factors such as the use of firearms, involvement with criminal organisations, and the presence of aggravating factors can influence the severity of the sentence.
Penalties for Using Firearms in Robbery
Since robbery is considered very serious, it is a straight indictable offence with a maximum penalty of life imprisonment. If a restricted or prohibited firearm is used during a robbery, or if any firearm is used and the robbery is tied to a criminal organisation, the maximum punishment is life imprisonment. The minimum penalties are stringent:
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- First offence: Minimum of 5 years imprisonment.
- Second offence: Minimum of 7 years imprisonment.
- Where any other firearm is used: Minimum of 4 years imprisonment.
Additionally, those designated as dangerous offenders, particularly in cases involving serious injury during the robbery, can face longer or indefinite terms of imprisonment to protect the public.
Penalties for Subsequent Offences
Individuals with prior convictions may face harsher sentences if convicted of robbery again. Specific prior offences that can lead to longer sentences upon a subsequent robbery conviction include:
- Robbery
- Using a firearm or imitation firearm in the commission of an offence
- Discharging a firearm with intent
- Recklessly discharging a firearm
Other serious offences involving firearms, such as causing death by criminal negligence, manslaughter, attempted murder, sexual assault with a weapon, etc, can also lead to increased penalties for subsequent robbery convictions.
Aggravating Factors for Sentencing
When determining sentences for robbery, judges consider both aggravating and mitigating factors. Aggravating factors that can increase the severity of the sentence include:
- Involvement of weapons: The presence and type of weapon (e.g., firearm, knife) significantly escalate the danger and potential for harm.
- Degree of violence: Excessive violence, threats, or intimidation beyond what’s necessary to commit the robbery can result in harsher sentences.
- Injuries to victims or bystanders: Harm caused to victims, bystanders, or even the perpetrator themselves can be a major aggravating factor.
- Location of the robbery: Targeting vulnerable individuals (e.g., elderly, disabled) is often viewed as more reprehensible.
- Accused’s criminal history: Prior criminal record and history of similar offences.
- Value of stolen items: The higher the value of stolen goods, the greater the potential for a harsher penalty.
The specific weight given to each factor can vary depending on the jurisdiction and the judge’s discretion. However, understanding these factors is crucial for both the accused and their legal counsel to prepare a defence strategy and potentially mitigate the impact of these elements during sentencing
Contact an Experienced Criminal Lawyer Today
Robbery charges carry serious consequences, including lengthy prison sentences, hefty fines, and permanent criminal records. Strong legal representation is essential.
Under Jonathan Pyzer’s leadership, our team has successfully defended clients in robbery cases across Toronto and the GTA. Jonathan Pyzer brings extensive expertise to each case, carefully analysing facts and creating defence strategies tailored to each client’s unique circumstances.
If you’re facing robbery charges, seek professional legal representation immediately. We fight to protect your rights, explore every defence option, and work toward the best possible outcome. Whether facing charges for robbery with a weapon, armed robbery, or robbery connected to other crimes, we provide support every step of the way.
Contact us today for a free consultation. Call (416) 658-1818 and take the first step toward building a strong defence.
Frequently Asked Questions
What is the Difference Between Theft, Robbery and Burglary?
Theft is taking property with the intent to steal, generally without involving violence. Robbery includes theft combined with violence or the threat of violence. Burglary involves breaking and entering into a place with the intent to commit theft or another offence. While theft does not typically involve violence or unlawful entry, robbery and burglary do.
Can a robbery charge be reduced or dismissed?
Yes, a robbery charge can be reduced or dismissed under certain circumstances. These circumstances include weak or insufficient evidence, lack of intent or mistaken identity. Moreover, successful plea bargaining can also lead to reduced charges or dismissal.
What happens if I have prior convictions and am charged with robbery?
Having prior convictions, especially for similar offences, can result in harsher penalties and longer sentences for a new robbery charge. This is because the Criminal Code imposes mandatory minimum sentences for repeat offenders.
Don't Face Criminal Charges Alone
Criminal charges can have serious consequences for your freedom, reputation, and future. Get experienced legal representation from Toronto's trusted criminal defence lawyers. Contact us today at (416) 658-1818 to schedule your free consultation.
- Free initial consultation and case evaluation
- 24/7 emergency availability for arrests
- Direct lawyer contact, not paralegals
- Transparent, predictable legal fees
- Defence of your Charter rights
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