Robbery Lawyer in Winnipeg
What is Robbery?
Robbery covers a spectrum of offending behaviour, from a street mugging to a well-planned bank heist. It can be committed in three ways:
1. when someone steals from another using violence or the threats of violence to them or their property;
2. when someone assaults another person with intent to steal from them; or,
3. when someone steals from another person while armed with a real or imitation weapon.
Sentencing for Robbery
Robbery is a very serious offence. The maximum sentence is life in prison. Even for first time offenders without criminal records, the Crown Attorney will usually seek a period of jail. If a firearm was used in the commission of the robbery, there is a four year minimum sentence (five years if the firearm was restricted or prohibited). Robberies committed for the benefit of, or at the direction of, a criminal organization carry a five year minimum sentence.
Depending on the specific circumstance of the offence, the sentence can vary widely. Factors the judge will take into consideration when sentencing an offender include:
- whether a weapon or firearm was used to threaten the victim;
- use of a weapon or firearm to inflict violence on the victim;
- the level of force used during the commission of the offence;
- whether the robbery was motivated by religion, race, disability or sexual orientation;
- harm caused to the victim;
- level of planning;
- the length of the incident;
- any attempts to conceal identity (such as wearing a balaclava or hood); and,
- the value of the good stolen.
Defending Robbery Charges
Depending on the facts of the case, there can be a number of available defences to robbery. As with any charge, I will begin by assessing all of the evidence the police obtained during the course of their investigation to determine if there are any weaknesses in the Crown’s case. Sometimes the whole case can turn on a single issue. During my review of your case I ask myself:
- Can the Crown prove the identity of the suspect?
- Can the Crown prove the complaint had the right to the property?
- Did the accused have a colour or right to the property?
- Was the robbery actually only an assault, threat, or theft?
In come circumstances the best result that can be achieved having the charged reduced to a lesser included offence, such as assault, utter threats, or theft. I have helped many clients achieve this by negotiating with the Crown for the best possible sentence.
Related Robbery Topics
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