When one thinks of the offence of Robbery most people envision a scenario where one or more people are armed with handguns or sawed off shotguns and enter a Bank for a Hollywood style “Stick up”. Although that is one example of the offence of Robbery it is certainly not the most common set of facts that result in such a charge. In fact, Robbery actually refers to the taking of another person’s property by use of force, violence or threats of violence. You actually do not need to have a weapon to be charged with the offence of Robbery, nor do you actually have to physically hurt the person. A simple threat of violence may be enough to have a person charged with Robbery. Therefore Robbery can cover a diverse set of facts from the classic armed robbery of a Bank, to going to a corner store and threatening the clerk with violence in order to obtain money, or simply punching someone in the nose to get their ball cap or iPhone. In addition, you can even be charged with Robbery if you have committed a shoplifting offence at a store and then you use violence or a threat of violence to escape from the security personnel at the Mall. Any time force, or the threat of use of force coincides with taking property from another person, or an attempt to do so, a robbery allegation can be made.

However, just because a charge “can” be laid does not necessarily mean that you will be convicted of the offence.

The experienced Lawyers at Kafka, Kort understand the heavy onus of proof required to obtain such a conviction and have extensive experience in defending such charges. Many times “Identity” of the alleged offender is a key issue and a carefully crafted cross-examination of witnesses may expose the fact that the eyewitness testimony is neither reliable nor accurate. Indeed many studies have demonstrated, and Courts agree, that there are significant inherent frailties with “eyewitness identification”. Our Lawyers will explore such deficiencies in the Prosecution’s case and will skillfully test the credibility of all witnesses in order to raise a reasonable doubt in your favour.

Please be aware of the fact that the offence of Robbery is strictly an Indictable offence and one of the most serious offences in the Criminal Code of Canada. A conviction usually results in a significant period of custody and carries a maximum punishment of Life imprisonment. If firearms or restricted or prohibited firearms are used during the commission of the offence then there are mandatory minimum custodial sentences that must be imposed by the Court upon conviction. Since the offence is serious, you must retain a Lawyer that is equally serious about finding every avenue of defence that is available to you under the law. The Lawyers at Kafka, Kort are relentless in their pursuit of Justice on your behalf. Give one of our Lawyers a call and we will make your Liberty our number one priority.