Robbery lawyer in Etobicoke & Toronto

Criminal Defense Lawyers: Your Guide to Locating a Robbery lawyer in Etobicoke & Toronto

When it comes to facing criminal charges, having an experienced and skilled criminal defense lawyer is crucial for navigating the legal system and securing the best possible outcome. Whether you’re dealing with minor offenses or serious criminal charges, a Robbery lawyer in Etobicoke & Toronto can provide the legal expertise and representation necessary to defend your rights.

What is the Offence of Robbery?

Robbery is a serious criminal offence and is, in Canadian criminal law, an “indictable” offence.   Depending on the way in which a Robbery is committed, there may be significant penalties attached to the offence.  

The offence of Robbery is generally defined as a theft, during which there is actual or threatened violence.

Section 343 of the Criminal Code of Canada sets out four separate ways in which Robbery can occur.   Specifically, the section states that everyone commits a robbery who:

(a) 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;

(b) 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;

(c) assaults any person with intent to steal from him; or

(d) steals from any person while armed with an offensive weapon or imitation thereof.

In essence, Robbery is a theft with some element of violence or threats of violence.  

A Robbery Lawyer in Etobicoke and Toronto can assist with defending all Criminal Code charges, from minor crimes to serious offences.

Why You Need a Robbery Lawyer 

Having a Robbery lawyer in Etobicoke & Toronto by your side can drastically increase your chances of a favorable outcome in your case. Criminal defense lawyers play a vital role in ensuring that your rights are upheld throughout the legal proceedings. A professional attorney will:

• Evaluate the case and evidence

• Create a defence plan or strategy

• Negotiate favouarble resolutions

• Represent you at a trial

An experienced Robbery Lawyer in Etobicoke and Toronto provides professional, tailored legal services designed to protect your interests and provide you with peace of mind during challenging times.

Potential Punishments for Robbery

The punishment for robbery is severe. Under section 344 of the Criminal Code, anyone who commits robbery is guilty of an indictable offence and is liable to imprisonment for life. If a restricted or prohibited firearm is used in the commission of the offence, or if any firearm is used and the offence is committed for the benefit of, at the direction of, or in association with a criminal organization, the offender faces a minimum punishment of imprisonment for a term of five years for a first offence and seven years for a second or subsequent offence. In other cases where a firearm is used, the minimum punishment is four years R. v. O.M., [2019] O.J. No. 3906, Criminal Code, SECTION 344. Robbery, R. v. Melanson, [2017] N.B.J. No. 122.

The sentencing range for robbery under the Criminal Code of Canada varies significantly depending on the circumstances of the offence. Generally, robbery is considered a serious crime and can result in severe penalties.

Under section 344 of the Criminal Code, if a restricted or prohibited firearm is used in the commission of the robbery, or if the robbery is committed for the benefit of, at the direction of, or in association with a criminal organization, the offender is liable to imprisonment for life, with a minimum punishment of five years for a first offence and seven years for a second or subsequent offence.

In cases where a firearm is not involved, the sentencing range can still be substantial. For instance, the case of R. v. Graham highlights that the sentencing range for a robbery with violence committed by a young man is between two and nine years, depending on various factors such as the level of violence, the offender’s age, and criminal history R. v. Graham, [2022] B.C.J. No. 747. Similarly, in R. v. Adams, the sentencing precedents for robbery involving knives established a range of three to six years imprisonment R. v. Adams, [2016] N.J. No. 9.

Moreover, the case of R. v. Stone indicates that for home invasion robbery, the sentencing range is between four to fifteen years of incarceration, with no starting point sentence, but with a mandatory minimum of five years if a prohibited firearm is used R. v. Stone, [2019] S.J. No. 463.

Overall, while the maximum sentence for robbery can be life imprisonment, the actual sentence imposed will depend on the specific circumstances of the offence and the offender’s background, with typical ranges varying from a few years to over a decade in prison Criminal Code, SECTION 344. Robbery, R. v. Graham, [2022] B.C.J. No. 747, R. v. Adams, [2016] N.J. No. 9.

Potential Defences for Robbery in Toronto

The potential defences to a charge of robbery under the Criminal Code of Canada include several substantive defences that can be raised depending on the circumstances of the case. These defences are generally available under Canadian law and can be applied to various criminal charges, including robbery.

One of the primary defences is the claim of right, which can be used if the accused believed they had a legal right to the property in question. This defence is based on the notion that one cannot be guilty of stealing something they believe they have a right to possess. This defence has been recognized in Canadian law and can be a valid defence to a robbery charge if the belief in the right to the property is genuine

Other substantive defences include self-defence, which allows a person to use reasonable force to protect themselves or another person from harm. The defence of person section in the Criminal Code (section 34) outlines that the response must be reasonable in the circumstances, taking into account various factors such as the attributes of the parties involved and the history of their interactions. Additionally, the defence of duress may be available if the accused committed the robbery under the threat of immediate harm, although this defence is limited and not available for certain serious offences, including robbery.

In summary, the potential defences to a robbery charge under the Criminal Code of Canada include the claim of right, self-defence, and duress, among other general defences available under Canadian law. The applicability of these defences will depend on the specific facts and circumstances of each case.  Consult a Robbery Lawyer in Etobicoke & Toronto to determine which legal defences you might have available.

The Process of Criminal Defense in Toronto

When you hire a Robbery lawyer in Etobicoke the first step is an initial consultation where we’ll review the details of your case. This allows us to evaluate your situation and determine the best course of action. Below is an outline of the general steps involved in criminal defense:

1. Initial Consultation

The process begins with an initial meeting where we gather information about the charges and discuss your options. A Robbery lawyer in Etobicoke will explain the legal process, answer your questions, and begin formulating a defense strategy.

2. Investigation and Evidence Gathering

Once we understand the details of your case, our team will conduct a thorough investigation. This may include gathering evidence, interviewing witnesses, reviewing police reports, and challenging the evidence presented by the prosecution.

3. Pre-Trial Work, Motions and Negotiations

In many cases, a Robbery lawyer in Etobicoke & Toronto will file pre-trial motions to have certain evidence excluded or to dismiss the case entirely. During this phase, your lawyer may also negotiate with the prosecution for a plea deal, reducing the charges or penalties.

4. Trial

If your case goes to trial, a Robbery lawyer in Etobicoke & Toronto will represent you in court, presenting a solid defense and challenging the evidence presented by the prosecution. Our goal is to ensure that your rights are protected and that you receive a fair trial.

Real World Robbery Case Examples in Ontario

Real-world examples of robbery cases and their outcomes vary significantly based on the circumstances and severity of each case. For instance, in R. v. Hopwood, the offender was convicted of multiple serious offences including robbery, confinement, and assault, resulting in a sentence of 8.5 years for a home invasion robbery 4. Examples of Recent Cases. This case highlights the severe penalties associated with aggravated robbery involving violence and confinement.

In another case, R. v. Yusuf, the offender received a 4.5-year sentence for a home invasion robbery where the offenders were masked and used an imitation firearm to confine the victims and steal items from their apartment. This demonstrates that even when firearms are not real, the use of imitation weapons in robberies can still lead to substantial prison sentences.

The case of R. v. Patel involved offenders robbing a store while masked and using an imitation firearm, resulting in a 24-month imprisonment sentence. The court upheld this sentence on appeal, indicating a range of 17 months to 6 years for such robberies.

Additionally, in R. v. Cabrera, an analytical framework for sentencing in firearms robbery was developed, categorizing the severity of robberies from home invasions to street muggings and small business robberies, with varying sentences based on the nature and context of the crime R. v. Cabrera, [2021] A.J. No. 1182.

These examples illustrate that the outcomes of robbery cases in Canada are influenced by factors such as the use of weapons, the level of violence, the value of stolen property, and the specific circumstances of each case. Sentences can range from a few months to several years, reflecting the seriousness with which the Canadian legal system treats robbery offences.

FAQs

1. How Much Does a Robbery Lawyer cost?

The cost of a criminal defense lawyer in Toronto can vary depending on the complexity of your case and the lawyer’s experience. We offer competitive pricing and attempt to make accommodations for all potential clients.

2. What Should I Do if I’m Arrested in Toronto?

If you are arrested, the first step is to remain calm and immediately contact a Robbery lawyer in Etobicoke & Toronto. Your lawyer will guide you through the process and ensure that your rights are protected.

3. Can I Avoid Jail Time for a Criminal Charge?

The possibility of avoiding jail time depends on the nature of the charge, the evidence, and the effectiveness of your defense strategy. A skilled Robbery lawyer in Etobicoke will work to reduce or eliminate jail time whenever possible.

Contact Us Today

If you’re facing criminal charges, don’t wait. Contact Andrew Captan – Toronto Criminal Lawyer today to schedule a consultation with a skilled Robbery lawyer in Etobicoke. Our team is here to fight for your rights and provide the expert legal representation you need.

Andrew Captan is an experienced Toronto Criminal Lawyer practicing in the Greater Toronto Area, representing clients from all cultures, ethnicities, ages and walks of life.

He represents individuals charged with a range of criminal offences, from relatively minor crimes, such as Shoplifting and Possession of Property Obtained by Crime, to more serious matters, including Robbery, Aggravated Assault and Sexual Assault.  A significant focus of his practice deals with representing individuals charged with Driving Under the Influence related offences, as well as Domestic Violence charges.  He is compassionate, friendly and cares about each of his clients, regardless of the charges they are facing.

Mr. Captan has experience in representing individuals throughout each stage of the criminal court process, from the bail hearing up until the trial stage.  Although his practice his concentrated in the Greater Toronto Area, he also appears in criminal courts outside the GTA, including Brampton, Newmarket, Guelph, Kitchener, Oshawa, Bradford, Midland, Barrie, Milton, Hamilton and Brantford, Owen Sound, St. Catharines and Guelph.

Mr. Captan accepts Legal Aid on a case-by-case basis and offers interest-free and individualized payment plans for all of his clients.   He makes every effort to provide access to his services, regardless of the financial situation in which a client or potential client finds themselves.

Mr. Captan is featured on various “top” Criminal Lawyer Lists, such as:

• “Toronto Travel Guide’s Best Criminal Lawyers”
• “3 Best DUI Lawyers – Stratford”
• “Clever Canadian’s best Toronto Criminal Lawyers”
• “3 Best DUI Lawyers – Kitchener” (where he assists VRS Law with all DUI and Criminal Law Matters)
• “The 8 Best Criminal Defence Lawyers in Toronto”.

To speak with Mr. Captan directly about a case, call (647) 878-6355.   He offers free introductory consultations to all individuals facing criminal charges.

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