Generally speaking a person is guilty of robbery when they steal from someone while using violence or the threat of violence. This is not the only way this offence can be committed however. Section 343 of the Criminal Code contains four subsections where the different forms of this offence are explained in greater detail.
The maximum sentence for this offence is life in prison. If it is committed with a firearm or in association with organized crime, there is a mandatory minimum sentence of 5 years in prison for the first offence. The courts take this crime very seriously and a person convicted of this can expect to spend some time in a penitentiary.
Forms of Robbery?
In most cases, stealing must take place in order for a robbery to be committed. A very basic definition of stealing is when a person takes something that does not belong to them and they do not have a legal right to. A more in-depth definition of stealing can be found here.
In order for the violence and stealing to be considered robbery, the violence must be for the purpose of the robbery. As a result, before a prosecutor can prove this offence they must show that the alleged violence or threat of violence happened at the same time as the theft or shortly before and/or after. For example, if a person secretly steals an item from a store and uses physical force to fight off a security guard that later catches them in the parking lot of the store, no robbery has taken place even though there may have been a theft and an assault .
As mentioned, this offence can be committed in multiple ways. One of the ways is by committing an assault with an intention to steal. Even if a person is not successful in stealing, the offence still would have been committed.
Contact a Lawyer
Robbery is a very serious offence that carries a potential prison term of life. If you or someone you know has been charged with robbery, choosing the right lawyer can be the difference between an acquittal and conviction. Lakin has had great success defending individuals charged with the offence. You can call him 24 hrs a day.