Robbery Lawyer Mississauga & Brampton

What is robbery under the Criminal Code?

Section 343 sets out four ways to commit robbery:

• (a) Stealing, and using violence or threats of violence to take or keep the property, or to stop resistance.
• (b) Stealing from someone and, at the time, wounding, beating, striking or using personal violence against them.
• (c) Assaulting someone with intent to steal from them.
• (d) Stealing from someone while armed with an offensive weapon or an imitation of one.

Taking property is not always required. An assault with intent to steal is robbery, even if nothing was taken.

"Armed robbery" is the everyday name for the fourth type. See armed robbery and robbery with a firearm.

Robbery vs theft

Theft is taking property without consent. Robbery adds violence, threats or a weapon. That difference changes everything about the case:

• Theft can often be resolved through diversion or a discharge.
• Robbery is indictable only, with a maximum of life, and a discharge is not available.

A shoplifting incident can become robbery if force is used against a security guard to get away. See robbery vs theft and our theft charges page.

Penalties for robbery

Robbery is indictable only. The maximum is life in every case. The minimum depends on whether a firearm was involved (s. 344):

Restricted or prohibited firearm, or any firearm for a criminal organization

• Maximum: life.
• Minimum: 5 years for a first offence, 7 years for a later offence.

All other robberies, including with another type of firearm

• Maximum: life.
• Minimum: none.

The former 4-year minimum for robbery with other firearms was repealed in 2022. Bill C-16, passed in June 2026, lets judges go below a mandatory minimum in rare cases where it would be grossly disproportionate.

Bail for robbery

Robbery with a firearm is a reverse onus offence (s. 515(6)(a)(vii)). You must show why you should be released, and clearly show that your plan deals with the risks.

Other robbery charges are usually Crown onus, meaning the Crown must show why you should stay in custody. But because robbery involves violence, bail is often contested. A plan with a strong surety, a stable address and strict conditions makes a real difference. See our bail hearings page.

Common robbery situations

• A street robbery of a phone, wallet or bag.
• A store or gas station robbery.
• A group "swarming," often involving young people.
• A robbery set up through an online marketplace meeting.
• A theft where force was used to get away.

For example, someone who grabs a phone and runs is usually charged with theft. If they push the owner to the ground to get it, it is likely robbery.

THE CROWN'S VIEW

How the Crown looks at a robbery charge

Robbery is one of the most serious charges the Crown deals with. It still has to meet the same test: a reasonable prospect of conviction, and a case in the public interest. Robbery carries up to life, so the evidence is usually where these cases are won or lost.

Prosecutors look closely at who did it. Is there clear video, or only a quick description from a scared witness? Was a photo lineup done properly? Do phone records, fingerprints or recovered items link the person to the robbery? They also check whether the facts really show force or threats, or whether the case is closer to theft. Our lawyer trained at an Ontario Crown Attorney's Office and knows how much weight prosecutors give to identity evidence.

When the evidence on identity or force is weak, the defence can ask the Crown to look at the charge again. Any robbery conviction can make a permanent resident inadmissible for serious criminality. See our guide to robbery defences and identification evidence.

How robbery charges are defended

Many robbery cases turn on identification. Witnesses often saw the robber only briefly, under stress, sometimes with a mask or hood. The main defences include:

• Identification. Whether the witness evidence, video and other evidence reliably show it was you.
• No intent to steal. The event was a fight, a debt dispute or a misunderstanding.
• Colour of right. An honest belief that the property was yours.
• No violence, threats or weapon. The charge may be reduced to theft or assault.
• Charter issues. Unlawful stops, searches, detentions or statements.

See robbery defences and identification evidence.

Attempted robbery

If someone takes steps beyond preparation to commit a robbery but does not complete it, the charge may be attempted robbery, with a maximum of 14 years. See attempted robbery charges.

What to do if you are charged with robbery

• Do not give a statement without legal advice.
• Do not contact the complainant or any witness.
• Keep evidence that shows where you were, such as receipts, messages and location data.
• Stay off social media about the incident.
• Prepare for bail. Think about who could act as a surety and where you could live.

Read what to do in the first 24 hours after an arrest.

PEEL REGION

Robbery charges in Peel Region

Peel Regional Police list robbery among the serious charges that usually lead to a bail hearing. So people charged with robbery in Mississauga or Brampton are often held in custody after their arrest. The bail hearing must take place within 24 hours. If a firearm is alleged, the accused person must show why they should be released.

The Brampton Crown Attorney's Office prosecutes robbery cases at the A. Grenville and William Davis Courthouse. The trial may take place in the Ontario Court of Justice or the Superior Court of Justice. Under Ontario Crown policy, robbery can never go to a community justice program, so diversion is not an option. That makes an early look at the identification evidence and the bail plan especially important. Our Brampton courthouse guide explains the local court steps.

Robbery charges in Peel courts

Robbery cases from Mississauga, Brampton and Caledon are prosecuted at the Brampton courthouse. Serious cases may go to the Superior Court of Justice. Disclosure in robbery cases is often large, with video, phone records and multiple witness statements, so early review matters. See our Brampton courthouse guide.

Youth robbery charges

Young people aged 12 to 17 are charged under the Youth Criminal Justice Act, with different sentencing rules. See our youth criminal lawyer page.

Frequently asked questions