In order to be charged with robbery, both the elements of theft and assault must be present either at the same time or within a close timeframe.

While the use of physical harm or the use of a weapon is not essential to a robbery charge, the presence of these factors may be considered aggravating when it comes to sentencing.

Offences Related to Robbery

When it comes to robbery, here are some related charges:

  • Theft
  • Assault
  • Larceny
  • Possession of a weapon
  • Breaking and entering
  • Armed robbery
  • Carjacking

Consequences of Robbery

A first offence of robbery often results in jail time, even where the amount of violence is relatively minimal. This can range from several months to many years. The maximum possible penalty for robbery is life in prison. There are instances where convictions carry automatic minimum jail sentences such as:

  • Where a firearm was used and the robbery was committed for the benefit of, at the direction of, or in association with a criminal organization, the minimum sentence is five years imprisonment for a first offence. For subsequent offences, a minimum sentence of seven years imprisonment
  • Robbery carries a four-year minimum sentence of imprisonment when it is committed with the intent to steal a firearm

I’ve Been Charged With Robbery. What Should I Do?

You need to get in touch with a criminal defence lawyer right away! Contact DDSG Criminal Law today for legal representation and to ensure that your rights are protected.

Frequently Asked Questions about Robbery Charges in Alberta

The Crown Prosecutor must prove beyond a reasonable doubt that (1) you moved, started to move, or caused something to be moved that belonged to someone else, (2) that you moved this property with the intent to steal it and without the owner’s consent, and (3) that there was violence, a threat of violence, or some form of weapon used in the commission of the theft.

There are a number of ways to defend an individual accused of robbery. First, your defence lawyer can argue that the Crown Prosecutor has not proven its case beyond a reasonable doubt.

If applicable, your lawyer can also argue that your Charter rights were breached during the course of the police investigation. If this argument is successful, the court may exclude evidence or even enter a stay of proceedings.

Finally, it’s possible to defend against the charge of robbery if you were intoxicated by drugs/medication or alcohol and didn’t know what you were doing.

Unfortunately, conditional sentences are not an available sentence for a robbery conviction.

Although robbery and theft both involving stealing something that lawfully belongs to someone else, robbery includes the additional element of the presence of violence including physical violence and/or threats. This makes robbery a more serious charge than theft.

Lawyers with a practice interest in Robbery

Lauren Garcia

Lauren L. Garcia

Senior Partner

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Graham Johnson

Graham Johnson

Senior Partner

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Kathryn Quinlan

Kathryn A. Quinlan

Senior Partner

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Alexandra Seaman

Alexandra K. Seaman

Senior Partner

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Lance McClean

Lance McClean

Managing Partner

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Dushan Coulson

Dushan Coulson

Associate Lawyer

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Jordan McDermott

Jordan McDermott

Associate Lawyer

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Do you have questions about robbery?