Robbery:

Robbery and Violent Offence Charges

Robbery is one of several offences that fall within the broader category of assault and violent offences in Ontario.  Depending on the allegations, related charges may include assault, assault with a weapon, aggravated assault, uttering threats, criminal harassment, forcible confinement, theft, and possession of property obtained by crime.

Each offence has its own legal definition, evidence requirements, possible penalties, and potential defences.  For a broader overview of related offences, visit the Assault & Violent Offences page.

Important Things to Know About Robbery Charges

• Robbery involves more than simply taking property.
• The allegation usually involves violence, threats, force, intimidation, or a weapon.
• Robbery is an indictable offence under the Criminal Code of Canada.
• The Crown prosecutor must prove the charge beyond a reasonable doubt.
• Identification evidence is often an important issue in robbery cases.
• A conviction may result in a criminal record, restitution, weapons prohibitions, and imprisonment.
• Possible defences depend on the facts, evidence, identification issues, witness evidence, and legal issues involved.

What Is Robbery?

Robbery is a criminal offence under the Criminal Code of Canada.  In plain language, robbery generally involves stealing or attempting to steal property while using violence, threats of violence, force, intimidation, or a weapon.

A robbery allegation may involve physical force, threats intended to overcome resistance, or conduct meant to intimidate another person into giving up property.

Because robbery combines theft-related conduct with violence or threats, it is treated more seriously than most theft allegations.

Criminal Code Section

Robbery is addressed under section 343 of the Criminal Code of Canada.

• Section 343 – robbery

Robbery is an indictable offence.  The seriousness of the allegation, whether a weapon was involved, the circumstances of the offence, and the evidence may all affect how the matter proceeds.

What Must the Crown Prove?

In every robbery case, the Crown prosecutor must prove every essential part of the charge beyond a reasonable doubt.

Depending on the facts, the Crown may need to prove:

• The identity of the accused person
• That property was taken or that there was an attempt to take property
• That the property belonged to another person
• That violence, force, threats, intimidation, or a weapon were involved
• That the accused person had the required intent
• That the conduct meets the legal definition of robbery
• That no legal defence creates a reasonable doubt

If the Crown cannot prove every required element beyond a reasonable doubt, the accused person cannot be found guilty.

Common Robbery Allegations

Robbery charges may arise from many different situations, including:

• Alleged street robberies
• Convenience store or retail store incidents
• Allegations involving phones, wallets, cash, or jewellery
• Allegations involving threats or intimidation
• Allegations involving weapons or imitation weapons
• Home invasion allegations
• Robberies involving multiple accused persons
• Disputes involving property and force
• Incidents involving surveillance footage or witness identification

The facts, witness evidence, surveillance footage, identification evidence, and surrounding circumstances often become important issues in robbery cases.

Identification Evidence in Robbery Cases

Identification evidence is often an important issue in robbery prosecutions.  The Crown may rely on eyewitness identification, surveillance video, photographs, cell phone records, forensic evidence, or other materials.

Mistaken identification can occur, especially where an incident happened quickly, involved stress, occurred at night, involved masks or disguises, or where witnesses had limited time to observe the person involved.

Careful review of identification evidence can be important when assessing the strength of the Crown's case.

Weapons Allegations and Robbery

Some robbery allegations involve weapons.  The alleged weapon may be a firearm, knife, imitation weapon, tool, or another object allegedly used to threaten, intimidate, or control another person.

Weapon allegations can increase the seriousness of a robbery case and may lead to additional criminal charges or sentencing issues.

Possible Penalties for Robbery

The possible penalties depend on the facts of the case, whether a weapon was involved, the accused person's history, the Crown's position, and the outcome reached in court.

• Criminal record
• Probation
• Restitution orders
• Weapons prohibitions
• DNA order
• Travel restrictions
• Immigration consequences
• Employment and licensing consequences
• Long-term personal and professional consequences
• Imprisonment

Because robbery is a serious indictable offence, imprisonment may be a significant risk depending on the circumstances.

Possible Legal Defences

A defence to a robbery charge depends on the facts, disclosure, witness evidence, surveillance evidence, identification issues, and legal issues involved.

Possible issues may include:

• The accused person did not commit the offence
• The accused person was wrongly identified
• The evidence does not prove the charge beyond a reasonable doubt
• The property was not taken or there was no intent to take property
• The conduct does not meet the legal definition of robbery
• The allegation is mistaken, incomplete, or exaggerated
• Witness evidence is unreliable or inconsistent
• There are problems with surveillance or identification evidence
• The accused person did not have the required intent
• Police may have breached Charter rights
• There may be issues involving searches, seizures, detention, arrest, or statements

Court Process for Robbery Charges

The court process can vary depending on the facts and circumstances.  Many robbery cases involve:

1. Police investigation or arrest
2. Charge being laid
3. Release from custody or bail hearing
4. Release conditions, where applicable
5. First court appearance
6. Review of disclosure
7. Review of surveillance, witness, forensic, or identification evidence
8. Crown screening and resolution discussions
9. Judicial pre-trial or Crown pre-trial
10. Trial preparation
11. Trial or negotiated resolution
12. Sentencing, if applicable

Robbery Charges Should Be Taken Seriously

A robbery charge is serious because it combines allegations of theft with allegations of violence, force, threats, intimidation, or weapon use.

A conviction may affect employment, travel, immigration status, professional licensing, firearm ownership, and future opportunities.  Reviewing disclosure and understanding the Crown's evidence early can help a person understand the options that may be available.

Every robbery case depends on the specific facts, evidence, identification issues, witness evidence, and surrounding circumstances involved.

Related Assault & Violent Offence Charges

• Assault – unwanted physical contact, attempted force, or threatening conduct
• Assault with a Weapon – allegations involving the use or threat of a weapon
• Aggravated Assault – allegations involving serious injury or danger to life
• Uttering Threats – threats involving death, bodily harm, property damage, or harm to animals
• Criminal Harassment – repeated conduct that causes another person to fear for their safety
• Theft Under $5,000 – allegations involving property taken without violence or threats
• Possession of Property Obtained by Crime – allegations involving property believed to be obtained through criminal activity

Additional information about related violent offences can be found on the Assault & Violent Offences page.

Criminal Law Process & Resources

• Court Process for Criminal Charges – common steps from charge to resolution or trial
• Criminal Disclosure – evidence the Crown intends to rely on in court
• Bail Hearings – release from custody, bail plans, sureties, and court conditions
• Peace Bonds – court orders that may resolve or prevent certain criminal matters
• Legal Definitions and Criminal Law Terms – common criminal law terms explained in plain language
• Frequently Asked Questions About Criminal Charges – answers to common criminal law questions

Frequently Asked Questions About Robbery Charges

What is the difference between robbery and theft?

Robbery generally involves allegations of violence, threats, force, intimidation, or a weapon during the taking or attempted taking of property.  Theft generally involves taking property without those additional violence-related elements.

Do I have to use a weapon to be charged with robbery?

No.  Robbery can involve force, threats, intimidation, or violence even where no weapon is involved.

Is robbery an indictable offence?

Yes.  Robbery is an indictable offence under the Criminal Code of Canada.

Will I get a criminal record?

A conviction may result in a criminal record.  The outcome depends on the facts, evidence, resolution, and sentence imposed.

Can robbery charges be withdrawn?

In some circumstances, charges may be withdrawn if the evidence does not support prosecution.  Every case is different.

Can I go to jail for robbery?

Imprisonment is a possible consequence of a robbery conviction, particularly where violence, threats, weapons, or prior criminal history are involved.

What if I was wrongly identified?

Identification evidence is often a key issue in robbery cases.  Mistaken identification can occur and should be carefully reviewed.

Can robbery affect immigration status?

For non-citizens, robbery charges and convictions may have serious immigration consequences and should be reviewed carefully.

What should I bring to a legal consultation?

Bring any police paperwork, court documents, release documents, disclosure, witness information, photographs, videos, surveillance information, and other records connected to the allegation.

Don't See Your Charge Listed?

The charges discussed on this website cover many common assault and violent offence allegations in Ontario, but they do not cover every possible charge under the Criminal Code of Canada.

If you have been charged with an offence that is not listed, are facing multiple charges, have received a summons, appearance notice, undertaking, release order, probation order, or court date, contact Marketing.Legal™ for information about your situation.

Understanding your legal rights and options early can help you make informed decisions and avoid unnecessary complications.

Key Takeaways

• Robbery combines allegations of theft with allegations of violence, threats, force, intimidation, or weapon use.
• Robbery is more serious than most theft-related offences.
• The Crown prosecutor must prove the charge beyond a reasonable doubt.
• Identification evidence is often a key issue in robbery cases.
• A conviction may result in a criminal record, weapons prohibitions, immigration consequences, and imprisonment.
• Possible defences depend on the facts, identification evidence, witness evidence, disclosure, and legal issues involved.
• Robbery is part of a broader group of assault and violent offence charges in Ontario.

Conclusion

Robbery is a serious criminal offence because it involves allegations of taking or attempting to take property through violence, threats, force, intimidation, or weapon use.  Because the offence combines property and violence-related elements, courts generally treat robbery allegations very seriously.

Identification evidence, surveillance footage, witness testimony, forensic evidence, and the circumstances of the alleged incident often play an important role in robbery cases.  Careful review of disclosure and the Crown's evidence is important when assessing the strength of the case and the available legal options.

Understanding the allegations, complying with release conditions, reviewing the evidence, and considering available defence strategies can help a person make informed decisions throughout the criminal court process.