Robbery means stealing from someone while using or threatening violence, assaulting someone with intent to steal, or stealing while armed with a weapon or a fake weapon. The Crown must prove both the theft, or the intent to steal, and the violence, threat, or weapon that goes with it.
Robbery carries a maximum sentence of life in prison. But Calgary robbery charges can be withdrawn, reduced to lesser offences, or won at trial when a defence lawyer tests who was identified and how.
KEY TAKEAWAYS
- Shoplifting can become a robbery charge if force or threats are used during the theft or right after it, such as pushing past a security guard to get away.
- Pointing a fake or unloaded gun still counts. The law covers imitation weapons.
- A discharge is not available for robbery, so any guilty finding means a criminal record.
- There is no standard ‘robbery deal’ in Calgary, but the Crown can accept a plea to a lesser charge, such as theft or assault, when the evidence of violence or identity is weak.
- Because robbery carries a life maximum, a conviction can make a permanent resident inadmissible to Canada, no matter how short the sentence.
ABOUT CALGARY CRIMINAL DEFENCE LAWYER CORY WILSON
Cory Wilson has spent more than 16 years defending Calgarians charged with robbery and other crimes. He has appeared at every level of court in Alberta. He earned his J.D. from the University of Calgary Faculty of Law, articled at Bennett Jones LLP, and trained under Willie deWit Q.C., now a judge of the Alberta Court of Appeal, and the late Hersh Wolch Q.C.
Cory is a member of the Law Society of Alberta, the Canadian Bar Association, and the Legal Education Society of Alberta. He holds a 4.9 rating across more than 130 Google reviews, is rated among Calgary’s top criminal defence lawyers by Three Best Rated and Calgary’s Best Rated, and has had his cases featured in the Calgary Herald.
Cory’s record includes a client who was one of five people charged over a violent home invasion at a house where women and children were present. The three-week trial involved close to 15 witnesses, a hearing on wiretap evidence, and many applications. Many witnesses contradicted each other, but the trial judge convicted without explaining why he believed them. Cory took the case to the Court of Appeal and argued that the judge gave no meaningful reasons and showed no path to conviction. The three-judge panel agreed and ordered a new trial.
Robbery cases come down to identification and whether witnesses can be relied on, and the Crown’s willingness to withdraw or reduce a charge is shaped by what the defence finds in the witness accounts, surveillance video, and the evidence linking the accused to the scene. Cory reviews every piece of disclosure for those problems and puts them in front of the Crown while the charge can still be withdrawn or reduced. He keeps fighting on appeal when a trial goes wrong.
Robbery allegations arise in a few ways: a hold-up at a store, bank, or liquor store; a street mugging or phone grab; a private sale or drug deal that turns violent; a home invasion; or a shoplifting where someone is accused of using force to get away. Each one leaves a record of 911 calls, surveillance footage, witness descriptions, and phone data, and each one is a place where the Crown’s case can break. Cory’s robbery cases have ended in withdrawn charges, pleas to lesser offences that avoided jail, and acquittals at trial.
If you have been charged with robbery or police have asked you to come in for a statement, speak to a lawyer before you say anything. Call 403-978-6052, 24 hours a day, for a free consultation.
WHAT IS ROBBERY AND WHAT DOES THE CROWN HAVE TO PROVE?
Robbery is theft combined with violence, threats, or a weapon. It is a more serious charge than theft because someone was put at risk of harm. The violence can come before, during, or right after the taking.
The Criminal Code sets out four ways to commit robbery:
|
TYPE OF ROBBERY |
WHAT IT CAN LOOK LIKE |
|---|---|
| Stealing with violence or threats | Threatening a cashier, or using force to stop someone from resisting the theft. |
| Stealing and hurting the person | Hitting, shoving, or injuring someone at the time of the theft, or just before or after it. |
| Assault with intent to steal | Attacking someone to take their property, even if nothing is actually taken. |
| Stealing while armed | Taking property while carrying a weapon or an imitation, such as a knife, bat, or fake gun. |
The Crown must prove each of these elements beyond a reasonable doubt:
- Theft or intent to steal: something was taken, or you meant to take it.
- Violence, threats, or a weapon: the force, threat, or weapon was connected to the theft.
- Timing: the violence happened at the time of the theft, or immediately before or after it.
- Identity: you were the person who did it, or you knowingly helped.
If even one of these elements is missing, the robbery charge fails. The evidence may show that a theft or an assault happened, but not a robbery, and that difference changes the sentence you face.
WHAT ARE THE PENALTIES FOR ROBBERY?
Robbery is a strictly indictable offence. Unlike many charges, the Crown cannot proceed summarily, so the most serious penalty range always applies.
|
CONSEQUENCE |
WHAT THE LAW SAYS |
|---|---|
| Robbery with a restricted or prohibited firearm, or any firearm for a criminal organization | A minimum of 5 years for a first offence, 7 years for a second or later offence, and a maximum of life in prison. |
| All other robbery | No minimum, and up to life in prison. |
| Discharge | Not available. |
| Conditional sentence | Only possible for a sentence under 2 years, with no minimum sentence and no criminal organization link. |
| Weapons ban | Mandatory. For a first offence, at least 10 years for most weapons and life for prohibited and restricted firearms. Life for all weapons after a second offence. |
| DNA sample | Ordered on conviction. |
| Home invasion | If the home was occupied and violence or threats were used, the judge must treat it as an aggravating factor. |
A robbery conviction also carries consequences beyond the sentence. You will not have a clear criminal record check for future jobs, and the conviction can make you inadmissible to the United States. Because the maximum penalty is life, permanent residents and foreign nationals can lose their status and face removal from Canada.
WHAT SHOULD YOU DO RIGHT AFTER BEING CHARGED?
Cory recommends these steps:
- Do not explain your side to police before speaking to a lawyer. You do not yet know what evidence they have, and anything you say can be used to identify you or fill gaps in their case.
- Do not talk about the allegation with co-accused, friends, or the complainant. Texts, calls, and social media posts often become evidence.
- Write down where you were and who you were with. Note anyone who can confirm it, as well as any receipts, transit records, or phone data that show your location.
- Follow every release condition exactly. A breach is a new charge and can put you back in custody.
These steps protect you and give your lawyer more to work with.
“People accused of robbery in Calgary often underestimate how much is at stake, and assume the evidence against them is stronger than it actually is. A person may believe that because police have a witness statement, surveillance footage, an identification, or a co-accused pointing the finger at them, a conviction is inevitable. That is not necessarily the case.”
Cory Wilson, Criminal Defence Lawyer
WHAT HAPPENS AFTER A ROBBERY CHARGE IN CALGARY?
A robbery case in Calgary moves through these stages:
|
STAGE |
WHAT TO EXPECT |
|---|---|
| Release | Police may release you on an appearance notice or an undertaking with conditions. |
| Bail hearing | In more serious cases, you are held at the Arrest Processing Section at the Spyhill Services Centre in northwest Calgary, and a bail hearing must happen within 24 hours. |
| Fingerprints and photos | Usually at the Calgary Police Service Westwinds Campus, 5111 47 Street NE. |
| Docket appearances | At the Alberta Court of Justice, Calgary Courts Centre, 601 5 Street SW. Once you hire Cory, he attends these dates for you. Most are adjourned while disclosure arrives. |
| Disclosure | Cory orders all the evidence the police gave the Crown. This often takes several weeks to several months. |
| Crown meeting | After reviewing the disclosure with you, Cory approaches the Crown for a withdrawal or a favourable resolution. |
| Election and trial | If the case does not resolve, you choose a trial before a judge in the Alberta Court of Justice, or before a judge alone or a judge and jury in the Court of King’s Bench. You can also ask for a preliminary inquiry first. |
Criminal cases in Calgary often take many months from start to finish. Cory keeps pressing the Crown for a better outcome during that time, so you may not have to wait for trial.
HOW DOES THE CALGARY CROWN DECIDE WHAT TO DO?
Calgary prosecutors treat robbery seriously because it involves violence, threats, or a weapon. Under Alberta’s Decision to Prosecute guideline, the Crown continues only if there is a reasonable likelihood of conviction and the case is in the public interest.
The Crown weighs the strength of the evidence, especially regarding identity, any weapon or violence, your record, your alleged role, and the impact on the victim.
Possible outcomes include:
- A full withdrawal of the charge.
- A guilty plea to a lesser offence, such as theft or assault.
- A guilty plea to robbery with an agreed sentence.
Choosing between pleading guilty and going to trial may not be your only option. Early advice shows which outcome is realistic for you.
HOW DOES CORY WILSON BUILD YOUR DEFENCE?
Cory works backward from what the Crown must prove at trial and maps each piece of evidence against it.
He focuses on three things:
- Identification and reliability. Lighting, distance, how long the witness saw the person, photo line-up procedures, surveillance footage, and whether the description changed over time.
- Proof of the robbery itself. Whether the evidence shows a taking, real violence or threats, and a link between you and the property.
- Statements and surrounding evidence. Police interviews, texts, social media, cell phone location data, and whether police obtained them lawfully.
He compares the original 911 call, police reports, witness descriptions, and video footage to see whether they actually fit together, rather than accepting the police theory of the case.
“Sometimes the most important defence issue is not a dramatic piece of evidence, but a series of small inconsistencies that create a reasonable doubt about who committed the offence and whether the incident legally amounted to robbery.”
Cory Wilson, Criminal Defence Lawyer
WHAT DEFENCES CAN BE RAISED?
Common defences Cory raises for robbery include:
- You were not the person who did it. Masks, poor video, a fast event, or a weak line-up can leave real doubt about identity.
- There was no robbery, only a theft or an assault. If the violence or threat is not proven, or was not linked to the taking, the robbery charge fails.
- You did not intend to steal. For example, you took property you honestly believed was yours.
- You were present but not a party. Being at the scene, or owning the car, is not the same as helping commit the offence.
- Your Charter rights were breached. Unlawful searches, detentions, or statements taken without a lawyer can be excluded from evidence.
The right defence depends on the evidence in your case.
“I have had many robbery cases fall apart at trial when the Crown prosecutor was unable to prove identity beyond a reasonable doubt. Often the person was allegedly masked, or it happened so quickly that key witnesses could not properly identify who committed the offence.”
Cory Wilson, Criminal Defence Lawyer
SUCCESSFUL RESULT: NOT GUILTY OF ROBBERY AFTER MASKED SUSPECTS COULD NOT BE IDENTIFIED
Cory’s client was charged with three others after four masked people allegedly robbed a Calgary liquor store. Police had only one lead: the licence plate of the vehicle used in the robbery. The client was a registered owner of that vehicle, and the case went to trial. The client was found not guilty.
As Cory explains:
“Through cross-examination, I was able to show that the witnesses could not identify who the masked individuals were. Simply being the registered owner of the vehicle was not enough to prove that my client was one of the people involved in the robbery.”
If the Crown will not agree to a fair outcome, Cory prepares your case for trial and tells you honestly where you stand.
See more recent violent offence cases that Cory Wilson has successfully defended.
TESTIMONIALS
Here’s what clients have said about Cory.
Trust this man
“Trust this man. I did, and am so glad I did. He knows his stuff.”
— C.H.
Above and beyond
“Thank you so much for going above and beyond! I am extremely grateful for all of your help and bearing with me through everything.”
— D.S.
Would recommend him to family and friends
“I’m very happy with the help I got from Cory Wilson, and I would recommend him to family and friends. Thank you very much.”
— J.G.
Read more client reviews. Remember that past results do not guarantee future outcomes.
RELATED OFFENCES
Charges often laid with, or instead of, robbery:
- Theft: taking property without violence or threats, often the lesser charge in a robbery case.
- Possession of stolen property: having items police say came from the robbery.
- Assault with a weapon: using or threatening someone with a weapon during the incident.
- Firearm offences: using a real or imitation firearm during an offence, which carries a separate sentence served on top of the robbery sentence.
- Uttering threats: threatening to hurt someone to get what you want.
- Kidnapping: sometimes added when someone is moved or held during a robbery or home invasion.
- Failing to comply with a release order: breaking a bail condition. See also breach of probation.
Cory defends each of these charges.
FAQS
WILL I GO TO JAIL FOR A FIRST ROBBERY CHARGE?
Not always. Without a restricted or prohibited firearm, there is no minimum sentence, and a judge can impose a conditional sentence served in the community if the sentence is under two years. A conviction still means a criminal record.
WHAT IF I WAS ONLY THE DRIVER?
You can be charged if the Crown says you knowingly helped, such as by driving the getaway car. But being present, or owning the vehicle, is not enough on its own. The Crown must prove you knew about the robbery and meant to help.
CAN I BE CHARGED WITH ROBBERY IF THE GUN WAS FAKE?
Yes. Stealing while armed with an imitation weapon is robbery. A fake gun can also lead to a separate charge for using an imitation firearm, so the details of the item police say you had can change the case.
WHAT IF THE PERSON CHARGED IS UNDER 18?
Youths are prosecuted under the Youth Criminal Justice Act, with different sentencing and record rules. Robbery is still treated as a serious violent offence. Learn more about youth offences.
CONTACT US FOR A FREE, NO-OBLIGATION CONSULTATION
Every person charged with a criminal offence deserves skilled representation, regardless of their economic background.
During your free consultation, we will discuss the charge, possible outcomes, defences, and legal fees, and explain every step ahead. Flexible payment plans are available. Call 403-978-6052, 24 hours a day.
LEGAL REFERENCES
- Parties to an offence, Criminal Code, RSC 1985, c C-46, s 21
- Using a firearm or imitation firearm in the commission of an offence, Criminal Code, RSC 1985, c C-46, s 85
- Mandatory weapons prohibition order, Criminal Code, RSC 1985, c C-46, s 109
- Theft, Criminal Code, RSC 1985, c C-46, s 322
- Robbery, Criminal Code, RSC 1985, c C-46, s 343
- Punishment for robbery, Criminal Code, RSC 1985, c C-46, s 344
- Home invasion as an aggravating circumstance, Criminal Code, RSC 1985, c C-46, s 348.1
- DNA order for designated offences, Criminal Code, RSC 1985, c C-46, s 487.051
- Contents of an appearance notice, Criminal Code, RSC 1985, c C-46, s 500
- Contents of an undertaking, Criminal Code, RSC 1985, c C-46, s 501
- Preliminary inquiry, Criminal Code, RSC 1985, c C-46, s 535
- Absolute and conditional discharges, Criminal Code, RSC 1985, c C-46, s 730
- Conditional sentence of imprisonment, Criminal Code, RSC 1985, c C-46, s 742.1
- Serious criminality, Immigration and Refugee Protection Act, SC 2001, c 27, s 36
- Youth Criminal Justice Act, SC 2002, c 1
- Legal rights on search, detention, and arrest, Canadian Charter of Rights and Freedoms, ss 8, 9, 10 and 24
