We speak English, Punjabi & Hindi.
Robbery
Robbery is a serious criminal charge with severe consequences, carrying a maximum
punishment of life imprisonment. In cases involving the use of firearms, there is a
minimum sentence of four years imprisonment.
A robbery occurs when a person engages in any of the following: (a) steals from another
while using violence or threats of violence towards them or their property; (b) assaults
someone with the intent to steal from them; or (c) steals from any person while armed
with a real or imitation weapon.
To meet the required level of violence for a robbery, an assault must coincide with a theft
or an attempted theft, occurring immediately before or after the accused person steals or
attempts to steal. An assault includes wounding, beating, striking, or using any personal
violence against the victim, and need not necessarily cause physical harm but must be of a
substantial nature. Actions like holding a person's arms to prevent resistance are
considered sufficient "violence" for a robbery, whereas a technical assault such as nudging
or bumping may not meet the definition.
A person can also be found guilty of robbery if they steal from someone while armed with
an offensive weapon or imitation weapon, regardless of whether the weapon is used or
threatened during the theft.
Determining whether the accused's words or actions constitute "threats of violence"
depends on the specific facts of each case, considering factors like the manner of speaking,
the accused's appearance, and the mode and time of entry into the premises.
While "home invasion" is not an official offence, breaking and entering into a home is
considered more serious than breaking into another type of place, automatically
categorized as an indictable (more serious) offence with a potential punishment of life
imprisonment. The use of violence or the threat of violence during a home invasion is a
factor that leads to a more serious sentence.
Penalties for robbery include a maximum jail sentence of life imprisonment. In cases
involving a firearm, there is a mandatory minimum punishment of four years in prison. If
an imitation weapon is used, the minimum punishment is one year in jail. For the use of a
restricted or prohibited firearm in a robbery committed for the benefit of, at the direction
of, or in association with a criminal organization, the minimum punishment is five years for
a first offense and seven years for subsequent offenses.
GET FREE LEGAL
Consultant
Reach out to us now to schedule a complimentary legal consultation and let our experienced team provide you with the guidance you need.