Robbery is one of the most serious violent offences under Canadian criminal law. It involves theft that is carried out with violence, the threat of violence, or intimidation. If you or a loved one is facing a robbery charge, it’s critical to understand your rights, the potential consequences, and how a criminal defence lawyer can help.

What Is Robbery? – Legal Definition

Under Section 343 of the Criminal Code of Canada, robbery occurs when a person commits theft while:

  • Using or threatening violence against a person;
  • Assaulting someone with intent to steal;
  • Carrying or using a weapon (or imitation weapon) during the theft;
  • Inflicting bodily harm during the act of stealing.

In other words, robbery is not just theft—it’s theft combined with violence or intimidation.

Examples of Robbery

Robbery can occur in a variety of situations, including:

  • Mugging someone on the street and forcibly taking their belongings;
  • Holding up a convenience store with a weapon;
  • Assaulting someone during a purse snatching;
  • Using threats to force a person to hand over their money or property.

What Section of the Criminal Code Covers Robbery?

Robbery is covered under the following sections of the Criminal Code of Canada:

  • Section 343 – Definition and elements of robbery.
  • Section 344 – Sentencing for robbery offences.
  • Additional relevant provisions may include:
    • Section 348 – Breaking and entering (in home-invasion style robberies),
    • Section 264.1 – Uttering threats, depending on the facts of the case.

Is Robbery an Indictable Offence?

Yes. Robbery is always classified as an indictable offence, the most serious category under Canadian criminal law. This means the case may proceed in the Court of King’s Bench, and penalties can be severe.

Am I Eligible for a Preliminary Inquiry?

If you’re charged with robbery, and the Crown is proceeding by indictment, you may be eligible for a preliminary inquiry. This is a procedural step that allows your lawyer to test the strength of the prosecution’s case before trial.

Are There Mandatory Minimum Sentences for Robbery?

In some cases, yes. According to Section 344 of the Criminal Code:

  • Robbery with a firearm carries a mandatory minimum sentence of 4 years.
  • If the robbery is connected to a criminal organization or involves restricted/prohibited firearms, longer minimums may apply.

For other types of robbery without a firearm, there is no mandatory minimum, but jail time is still common.

Sentencing Range for Robbery in Canada

Sentences for robbery vary depending on the circumstances, including the level of violence, whether a weapon was used, and the offender’s prior record.

Typical sentencing ranges include:

Type of Robbery

Potential Sentence

Simple robbery (no weapon, no injuries)

2 to 5 years imprisonment

Robbery causing bodily harm

5 to 10 years imprisonment

Robbery with a firearm

4 years minimum, up to life

The maximum penalty for robbery in Canada is life imprisonment.

What Should You Do If You’re Charged?

A robbery conviction can change your life. If you’re facing charges, you should:

  • Exercise your right to remain silent until speaking with a lawyer,
  • Contact a criminal defence lawyer immediately,
  • Avoid discussing the case with anyone other than your lawyer.

We understand what’s at stake—and we’re here to protect your future. If you or someone you care about is facing robbery charges in Canada, don’t wait.

Contact Linh Pham today at (306) 502-5987 for a free consultation with an experienced criminal defence lawyer.