Robbery Lawyer in Winnipeg

Under Section 343 of the Criminal Code, robbery is defined as theft combined with violence or the threat of violence. It involves not just taking property but also using force, intimidation, or assault. This distinguishes robbery from other theft-related offences, making it a more serious crime with heavier penalties.

Someone is guilty of robbery if they:

• commit theft while using violence or threats to prevent resistance;
• use violence, such as wounding or striking, immediately before, during, or after the theft;
• assault someone with the intent to steal; or
• commit theft while armed with a weapon or an imitation weapon.

Practically, this can take the form of a threat of violence, such as brandishing a weapon or a physical act, such as carjacking, mugging or even a bank heist. The defining element is the use of force, threats, or weapons to facilitate the theft. Even if no physical harm occurs, the victim’s fear of harm is enough to make it robbery.

Armed robbery is a more severe form of robbery that specifically involves the presence and/or use of a weapon or imitation weapon during the commission of the crime. Under Section 343(d) of the Criminal Code, someone commits armed robbery while:

• Carrying a weapon: This includes firearms, knives, or any other object that can be used to cause harm.
• Carrying an imitation weapon: Even if the weapon isn’t real, if it’s used to create a reasonable fear of harm, it counts as armed robbery.

This classification is part of the broader legal definition of robbery, which includes any theft that involves violence or the threat of violence. The presence of a weapon during a robbery significantly elevates the severity of the crime, increasing both the legal consequences and the potential for harm. 

Although not explicitly defined in the Criminal Code, aggravated robbery is a more severe form of robbery involving factors like excessive violence, the use of a firearm, or causing significant bodily harm to the victim. Several key aggravating factors can lead to more severe charges and penalties, including:

• Use of a Weapon: Particularly the use of a firearm or prohibited firearm that escalates both the danger and the legal consequences.
• Causing Bodily Harm or Death: Inflicting severe physical harm or causing death during the robbery.
• Group Involvement: Participating in the robbery as part of a group or criminal organisation.
• Prior Criminal Convictions: A history of similar offences can lead to more stringent sentencing, reflecting the repeat nature of the criminal behaviour.
• Targeting Vulnerable Victims: Crimes against vulnerable individuals, such as children or the elderly.

These aggravating factors not only heighten the seriousness of the robbery charge but also contribute to the likelihood of facing more severe legal consequences, including longer imprisonment.

Robbery charges are complex, and the right defence depends on the specific circumstances of the case. An experienced lawyer can explore potential defences tailored to your unique situation, including alibi, lack of intent, or Charter rights violations. We’re committed to protecting your rights and achieving the best possible outcome.

Establishing a solid alibi can be your strongest defence. An alibi defence argues that you were in a different location at the time the robbery took place, making it impossible for you to have committed the crime. To be persuasive, your defence needs to be backed by credible evidence, such as witness statements, video recordings, or other documentation, such as receipts verifying your whereabouts. A well-supported alibi can substantially undermine the prosecution’s case and, if it introduces reasonable doubt about your involvement, could result in an acquittal.

Initial Consultation and Ongoing Representation
An experienced criminal defence lawyer begins by conducting an initial consultation, gathering details about the case, and providing preliminary advice. Throughout the legal process, the lawyer offers continuous representation, ensuring that your rights are protected at every stage.

Thorough Case Analysis and Evidence Collection
Your defence lawyer conducts a comprehensive analysis of your case, which includes collecting evidence, interviewing witnesses, and reviewing police reports. This meticulous preparation is essential for building a strong defence.

Developing a Tailored Defence Strategy
Based on the specifics of your case, the lawyer crafts a tailored defence strategy. This may involve exploring defences such as alibi, lack of intent, challenging identification, duress, or Charter rights violations, depending on what best suits the circumstances.

Court Representation and Plea Negotiation
In court, your lawyer will present your defence case, cross-examine witnesses, and challenge the admissibility of evidence, all while leveraging their deep understanding of legal procedures. Additionally, they may engage in plea negotiations to potentially secure a more favourable outcome for the client.

Advocating for Alternative Sentencing
If a conviction seems likely, your lawyer will advocate for alternative sentencing options, such as probation or rehabilitation, aiming to minimise the impact on you and promote a more constructive resolution.

Robbery is a very serious offence in Canada, carrying severe penalties that can vary depending on the specifics of the crime. Factors such as the use of firearms, involvement with criminal organisations, and other aggravating circumstances can significantly increase the severity of the sentence.

Robbery involving firearms is treated as a straight indictable offence in Canada, with a maximum penalty of life imprisonment. The use of a restricted or prohibited firearm, or any firearm in connection with a criminal organisation, carries particularly severe consequences, including mandatory minimum sentences. 

For a first offence involving a restricted or prohibited firearm, the minimum sentence is 5 years imprisonment, increasing to 7 years for a second offence (involving any firearm). If the firearm is not restricted or prohibited, the minimum sentence is 4 years. In cases involving serious injury, individuals may be designated as dangerous offenders, which can lead to indefinite imprisonment.

Individuals with prior convictions face harsher penalties if convicted of robbery again. Repeat offenders, particularly those with previous robbery convictions or offences involving firearms, can expect longer sentences. For example, prior convictions for serious crimes like manslaughter, attempted murder, or sexual assault with a weapon can lead to significantly increased penalties upon a new robbery conviction, reflecting the severity of repeat criminal behaviour.

When determining sentences for robbery, the court considers various aggravating factors that can lead to more severe penalties. Key factors include:

• Involvement of Weapons: The presence and type of weapon, such as a firearm or knife, increase the potential for harm and result in harsher sentences.
• Degree of Violence: Excessive violence, threats, or intimidation beyond what is necessary to commit the robbery can significantly elevate the sentence.
• Degree of Planning and Premeditation: A carefully planned robbery is generally viewed as more serious than an impulsive one.
• Injuries to Victims or Bystanders: Harm caused to victims or bystanders during the robbery is a major aggravating factor.
• Targeting Vulnerable Victims: Offences against vulnerable individuals, such as the elderly or disabled, are treated with increased severity.
• Criminal History: A prior criminal record, especially for similar offences, can lead to more stringent sentencing.
• Value of Stolen Items: Higher-value thefts can result in harsher penalties.

The judge weighs these factors to determine the appropriate sentence, with each factor potentially increasing the severity of the punishment.