Robbery & Theft Lawyers
The criminal offences of robbery and theft both involve the taking of another’s property by a perpetrator.
The criminal offence charge of theft is less serious, as it does not involve the accused’s use of, or threat of, force or intimidation to perpetrate the offence.
The criminal offence charge of robbery involves an allegation of a theft using force, the threat of force, or intimidation against another.
Allegations of theft and robbery range from the simple snatching of a purse or wallet, to more serious offences like bank robbery, using firearms or other dangerous weapons.
Robbery and theft are serious allegations and because of this, it is important to be represented by an experienced criminal defence lawyer if you intend to fight the allegations.
At the law firm of Pyzer Criminal Lawyers, we have over 35 years experience defending robbery and theft allegations, with a strong record of success.
Read our clients’ testimonials regarding our successful defences of robbery and theft allegations here.
Our office will help you pursue every viable defence against your robbery and theft allegations to the furthest extent possible.
If you are facing theft and/or robbery criminal charges contact Pyzer Criminal Lawyers for aggressive and effective representation!
or CALL: (416) 658-1818
Robbery and Theft, Facts and Questions:
What is a Theft?
The criminal offence of theft can be committed in several ways.
Section 322(1) of the Criminal Code of Canada outlines four different ways in which theft can be committed.
Theft 322 (1) Every one commits theft who fraudulently and without colour of right takes, or fraudulently and without colour of right converts to his use or to the use of another person, anything, whether animate or inanimate, with intent
(a) to deprive, temporarily or absolutely, the owner of it, or a person who has a special property or interest in it, of the thing or of his property or interest in it;
(b) to pledge it or deposit it as security;
(c) to part with it under a condition with respect to its return that the person who parts with it may be unable to perform; or
(d) to deal with it in such a manner that it cannot be restored in the condition in which it was at the time it was taken or converted.
What is Robbery?
The criminal offence of robbery can be committed in several ways. Section 343 of the Criminal Code of Canada outlines four different ways in which robbery can be committed.
Robbery is essentially a theft involving the application of force by the perpetrator.
The accused does not need to have used significant force in order to be charged with robbery.
For example, it may be sufficient to establish that there was merely a threat of violence in combination with a theft to determine that one is guilty of robbery.
Section 343(b) of the Criminal Code describes specific acts of violence, which will raise the offence of theft to robbery if the alleged violence took place at time proximate to that of the theft.
Section 343(d) defines armed robbery, which is committed when an individual steals from another while armed with an offensive weapon or an imitation of an offensive weapon.
“Offensive weapons” include but are not limited to firearms, pellet guns, knives, baseball bats, and/or any other object which is converted into a weapon like a tool or foreign object.
It does not matter whether or the weapon was in fact intended to be used; if it was in the accused’s possession at the time of the theft, one may still be convicted of “armed robbery”.
Robbery Section 343:
Every one commits robbery who
- steals, and for the purpose of extorting whatever is stolen or to prevent or overcome resistance to the stealing, uses violence or threats of violence to a person or property;
- steals from any person and, at the time he steals or immediately before or immediately thereafter, wounds, beats, strikes or uses any personal violence to that person;
- assaults any person with intent to steal from him; or
- steals from any person while armed with an offensive weapon or imitation thereof.
What Are The Potential Sentences and Consequences of a Theft or Robbery Conviction In Toronto?
- Imprisonment and probation
- Expensive fines
- A permanent criminal record
- Damage to your reputation and social life
At Pyzer Criminal Lawyers, we offer a free consultation and a case analysis to identify any viable defences that are available to your specific circumstance.
Theft and robbery allegations are very serious, as a conviction of either carries significant long-term consequences that will adversely affect those found guilty.
It is important for individuals facing robbery and theft criminal offence charges to be aware of all of the costs of a conviction, both financial, social and otherwise.
Our Toronto criminal defence lawyers can help you defend yourself against allegations of theft and/or robbery, as well as to reduce the length and severity of any prison sentences you may ultimately face.
We can help you avoid serving serious jail time, immigration issues, job loss and/or the significant damage to your reputation that may accompany a conviction of either theft or robbery.
Charged? Consult an Experienced Robbery & Theft Lawyer.
>or CALL: (416) 658-1818
Depending on the circumstances of a particular case, “success” may mean that the client is acquitted after the failure of the prosecution to establish the identity of the perpetrator.
It may involve the dropping of false allegations.
In other cases, where the identity of the accused can in fact be established, success may be defined by a reduced sentence or negotiated resolution.
There are many ways for an experienced criminal defence lawyer to successfully argue for a reduced sentence or a negotiated resolution.
For example, sometimes an accused facing robbery or theft allegations will also face drug offence allegations, as they are suffering from addiction issues. Should addiction issues motivate a theft or robbery, it can be viewed by the courts as a mitigating factor on sentencing.
Sentences For a Theft Conviction
The consequences of a theft conviction depend on whether it as allegation of theft under $5000.00 or theft over $5000.00
For a theft under $5000.00 conviction the available sentences range from a absolute or conditional discharge or fine alone to a maximum prison sentence of 2 years.
For theft over $5000.00 conviction the available sentences range from a absolute or conditional discharge to a maximum prison sentence of 10 years.
A conditional prison sentence (house arrest) is not available for theft over $5000.00.
Sentences For a Robbery Conviction
While any conviction of a criminal offence can be detrimental, the sentences and consequences of a robbery conviction are ordinarily more serious than those associated with a theft conviction.
Under the Criminal Code of Canada, Robbery is deemed one of the more serious offences.
Depending on the scale and severity of the crime committed, robbery charges can carry serious consequences including DNA orders, probation, and even incarceration if a person is found guilty.
Given that robbery is an indictable offence, the accused will have the right to a trial in the Superior Court of Justice, and may exercise their right to be tried by a jury.
If they are found guilty, cases involving robbery charges are punishable by a sentence of up to life in prison.
A number of factors that will determine the severity of charges one can face.
These include the type of weapon(s) used, the degree of violence employed, the injuries suffered by the complainant, the vulnerability of the complainant and the value of the stolen property in question, whether or not an assault, domestic assault or sexual assault occurred during the robbery.
Any robbery in which a firearm is used carries a mandatory minimum sentence of four years in prison.
At Pyzer Criminal Lawyers, we have a strong record of success in defending our client’s theft and robbery cases as well as other criminal cases including murder charges.
Bail For Robbery & Theft Allegations In Toronto
After being arrested by the police for a theft or robbery occurrence, the accused may be held for a bail hearing.
At the accused’s bail hearing, it is extremely important that the accused be released on bail and on the most favourable bail terms possible.
At Pyzer Criminal Lawyers we can appear in court at the bail hearing of anyone facing theft or robbery allegations to best ensure that the accused is released from custody and on the least restrictive terms possible.
Charged? Consult a Robbery Lawyer Today!!
or CALL: (416) 658-1818
Potential Defences to Robbery & Theft Allegations
The Crown must prove your guilt beyond a reasonable doubt. This is the evidentiary burden for all criminal offences.
A criminal accusations of theft and/or robbery can be challenged on the basis that the prosecution has failed prove that the defendant was the person who committed the robbery.
There are several methods of casting doubt on the identification evidence.
For instance, the defence may challenge the identification procedures followed by the police- the lack of a proper photo-lineup, or contamination where an eyewitness’ collaborates with other eyewitnesses.
The defence may advance a defence of alibi wherein it will be asserted that the defendant could not have been the perpetrator because they were not in physical proximity to the crime scene at the time of the offence.
Sometimes, the only evidence of identity may come from a co-accused who has obtained some advantage for his testimony.
In such circumstances, the judge would be asked to caution the jury that it can be unsafe to rely on the uncorroborated evidence of an unsavoury accomplice.
Often, the only evidence of a defendant’s complicity is a fingerprint left on an object at the crime scene. If the object is a fixture, then the defendant must have been physically present at the crime scene.
If the fingerprint is located on a moveable object, then there may be a reasonable explanation for the fingerprint being moved to the crime scene without the defendant actually being present.
At Pyzer Criminal Lawyers we will come up with creative defence strategies tailored to fight the evidence against you.
Experienced Robbery and Theft Lawyers In Toronto
Robbery and theft are very serious allegations and defending such charges may involve very complicated legal problems.
Simply being innocent of the allegations may not be sufficient to guarantee you will found innocent by the court.
One of our experienced criminal defence lawyers can significantly improve your chances of having the charges against you withdrawn or acquitted.
With Pyzer Criminal Lawyers you will be represented by a skilled practitioner with significant experience in the Ontario Court of Justice and Superior Court of Justice defending robbery and theft allegations.
At Pyzer Criminal Lawyers, we are experienced and skilled criminal lawyers practising criminal law in Toronto and the Greater Toronto Area.
Making a full answer and defence to your criminal charges is our highest priority.
The Canadian criminal justice system can be a confusing place for anyone charged with theft or robbery. Let us guide you through the process.
We provide a free consultation and will discuss how to get the best possible results for your case and the fees for our services.
Know your rights! If you are charged with theft or robbery you know where to find us.
or CALL: (416) 658-1818
If you are charged with a crime in the GTA, Contact Pyzer Criminal Lawyers