Robbery
Hopkins Law is an innovative criminal defence firm. Our partners work together to rigorously defend our clients. Our approach blends creative thinking with a thorough understanding of the law and tested advocacy skills. Hopkins Law is your defence.
Robbery Lawyers – Edmonton & surrounding area
587-414-6851 *available 24/7
Hopkins Law – Criminal Lawyers
Edmonton: 11051 97 Street #101
Robbery is one of the most serious offences in the Criminal Code. If you are charged with robbery, you may be facing high minimum sentences, and even the possibility of a life in prison. You need the help of an experienced lawyer immediately. Hopkins Law will guide you through every step of the court process, and make sure that you always understand what is happening with your case.
You are charged with robbery—what should you know?
The Criminal Code defines robbery in a number of ways. You rob someone if you steal from them while using violence, threats of violence, or while carrying a weapon. Assaulting someone with the intention of stealing from them also counts as a robbery.
Robbery is one of the few strictly indictable offences—that means it is always a serious crime, no matter what the circumstances are. If a restricted firearm is used during a robbery, mandatory minimum sentences come into play. For a first offence, there is a five-year mandatory minimum, and a seven-year minimum for subsequent offences. The maximum penalty for robbery is life in prison, making it one of the most serious offences in Canada next to murder.
The most common issue in a robbery trial is an identity—how can the Crown prove that the accused person is actually the robber? Proof of identity can come from a number of sources, such as eyewitnesses or video surveillance. The legal question is whether the proof is reliable enough to found a conviction.
For example, if the only evidence of identity is a “dock ID”—where a witness on the standpoints to the accused as the culprit—that may not be enough evidence for a conviction. This is because there is usually only one accused person in the courtroom. Unless the witness actually knew the accused beforehand, a fleeting glance during the course of a robbery is usually not enough to reliably identify someone. The Crown prosecutor will try to bolster their identity evidence with photo line-ups or video evidence.
Sometimes, the Crown’s evidence is so strong that there is no plausible defence. However, your lawyer may be still able to negotiate a plea to a lesser offence, such as theft or assault—offences with much less serious consequences. This is why it is critical to retain an experienced lawyer if you are facing robbery charges. It takes expert knowledge of evidence to assess how strong the Crown’s case is, and you will need the help of a lawyer to negotiate with the Crown.
Common Questions
What is a mandatory minimum sentence?
Mandatory minimum sentences tie the hands of the judge—if you are convicted of a crime with a mandatory minimum of five years, the judge cannot legally give you a sentence bellow five years. Numerous mandatory minimums were added to the Criminal Code during the Harper era, and the Trudeau government has been slow to make any changes. The Supreme Court has ruled that certain mandatory minimums are unconstitutional, but the minimums for robbery are still in effect. This is potentially an area for future Charter litigation.
What counts as a robbery?
The simplest way to understand robbery is as an “assault plus a theft.” However, many fact patterns can count as robbery. For example, if you steal something—but you also threaten to damage property in order to prevent someone from stopping you—that also counts as a robbery.
What are the typical sentences for robbery?
In Alberta, the starting point sentence for robbery is three years. The starting point for robbing a bank by use of a note is four years. “Starting point” sentences are different from mandatory minimums—the sentence will go up or down depending on the circumstances of the case and the offender. Most sentences for robbery are over two years.
At Hopkins Law, we understand that a conviction for robbery can take your freedom away. Our experienced lawyers will fight to prevent that from happening. By planning every aspect of your defence, we will make sure that no possibilities are overlooked. We will communicate our plan to you every step of the way, so you will never be left in the dark. We are your defence.
Robbery Lawyers – Edmonton & surrounding area
587-414-6851 *available 24/7
Hopkins Law – Criminal Lawyers
Edmonton: 11051 97 Street #101
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