Armed Robbery / Robbery with Violence

Armed Robbery / Robbery with Violence

Robbery charges involve stealing property while using violence, threats, or intimidation. This combination makes the crime much more serious.

If you or a loved one is facing a robbery or armed robbery charge in Edmonton, contacting an experienced and skilled criminal defence lawyer is your top priority.

With over 25 years of experience in criminal law in Edmonton, Geoff Green provides dedicated legal representation for clients in Alberta. He has built a reputation for thorough defence strategies and effective legal guidance. Robbery and armed robbery charges carry grave consequences in Canada, including mandatory minimum sentences and potentially life imprisonment for aggravated cases.

Take advantage of Geoff’s free initial consultation to discuss your case and help you understand your options. Contact Geoff at (780) 914-1836.

Understanding Robbery Charges in Alberta

Robbery charges involve the theft of property combined with violence, threats, or intimidation, which significantly heightens the seriousness of the offence.

In Canada, robbery is considered an indictable offence under the Criminal Code of Canada, and it typically carries severe penalties. Unlike simple theft, robbery implies that a victim was threatened or harmed, which adds to the gravity of the charge. If a weapon or imitation firearm was used, this escalates the offence to armed robbery, which carries a mandatory minimum prison sentence if a firearm was involved.

In Alberta, common types of robbery include:

Offense Details
Armed Robbery Using a weapon, firearm, or imitation firearm to commit robbery.
Robbery with Violence Applying or threatening violence to force compliance from the victim.
Home Invasion Breaking and entering a private residence to steal, often while occupants are present.
Other Offenses under s.343 of the Criminal Code Stealing while armed, assault with intent to steal, and stealing with personal violence.

Given the severe penalties and high stakes, an experienced criminal defence lawyer like Geoff Green can help you understand your legal position and work towards the best possible outcome.

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The Consequences of a Robbery Conviction

A conviction for robbery in Canada can lead to severe penalties, including mandatory minimum sentences and a lifelong criminal record.

A robbery conviction may result in substantial jail time, at times two years or more and even up to life imprisonment, depending on the nature of the crime, use of weapons, and degree of violence involved. This criminal record can impact all aspects of life, from employment opportunities to international travel restrictions.

Mandatory minimum sentencing is a significant factor in armed robbery cases. If a firearm was used during the robbery, the court may impose a minimum sentence of either four or five years in prison (depending on the charge and facts), with the potential for longer terms if aggravating factors exist, such as planning and deliberation, masking, having a significant role in the robbery, prior convictions or violence that resulted in harm to the victim. These sentences are designed to reflect the severe nature of violent crimes and the risk to public safety.

Defending Against Robbery and Armed Robbery Charges

Robbery and armed robbery charges require a comprehensive defence strategy tailored to the unique details of each case.

Geoff Green focuses on analyzing the evidence, understanding the accused’s intentions, and challenging the prosecution’s claims when appropriate in every robbery case.

Possible defence strategies may include:

  • Challenging the Evidence: Geoff scrutinizes the prosecution’s evidence, from witness statements to security footage, ensuring that each piece is admissible and accurately represented. If evidence was improperly obtained or lacks credibility, he will pursue having it dismissed.
  • Disputing Intention: For a conviction, the prosecution must prove the specific intent to commit robbery. Geoff will challenge any lack of clear intent or misunderstanding that could weaken the case against you. It is possible that one of the two main factors in a robbery, violence or stealing could be pleaded down to. Assault is a mere general intent offence.
  • Alibi: this goes to identification. If you can show you were somewhere else, you may have the charges dismissed.
  • Proving Lack of Force or Threat: Geoff will use this to argue for reduced charges or dismissal if the alleged threat of violence or force cannot be substantiated.
  • Negotiated Pleas: Geoff may negotiate with the Crown prosecutor for reduced charges or sentencing. This can be an option when a conviction seems likely, but a lighter sentence is possible with a guilty plea to a lesser charge.

Legal Defence for Victims of False Accusations

If you have been wrongly accused of robbery or armed robbery, your case deserves a robust defence to clear your name and avoid unjust penalties.

False accusations, misidentification, or even being in the wrong place at the wrong time can result in charges for a crime you did not commit. Geoff Green understands how to thoroughly investigate these types of cases, often revealing inconsistencies or unreliable testimony that can benefit the defence.

If you are innocent, Geoff will collaborate with you to build a case that demonstrates the inaccuracies in the prosecution’s evidence. From reviewing witness statements to questioning the reliability of identification methods, his goal is to bring the truth to light and have the charges dismissed.

Need Legal Help for Armed Robbery in Edmonton?

It’s essential to act quickly and secure legal representation.

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Potential Impact on Employment and Personal Life

A robbery conviction can have long-term effects on your career, personal life, and freedom.

Many employers conduct background checks, and a criminal record, especially for a violent crime, can make it difficult to secure employment in fields that require trust and responsibility. Beyond employment, a robbery conviction can result in restrictions on travel, housing, and even parental rights.

In Alberta, Geoff Green is committed to working with his clients to mitigate the collateral consequences of a criminal charge or conviction. He offers support and guidance to help clients understand how to manage these challenges during and after their case.

Bail for Robbery Charges

Obtaining bail for robbery charges can be complex due to the serious nature of the offence.

Courts are often hesitant to grant bail in cases involving violence, weapons, or repeat offences. Geoff Green understands the factors that influence bail decisions in Alberta and will work tirelessly to secure a favourable bail hearing outcome for his clients.

If you or a family member has been charged with robbery and is awaiting trial, Geoff can assist in preparing a strong bail application, presenting arguments that highlight community ties, a lack of prior record, and other factors to demonstrate low flight risk. Bail is often critical to allowing individuals the opportunity to assist in their defence and prepare for their day in court. You have a Constitutional right to a reasonable bail.

Interactions with the Crown Prosecutor

An effective defence against robbery charges involves strategic interactions with the Crown prosecutor.

The Crown prosecutor is tasked with proving the case beyond a reasonable doubt, and they may pursue the strictest penalties depending on the circumstances of the case. Geoff Green is highly skilled in negotiating with the Crown, advocating for fair treatment, and working to achieve reasonable resolutions in cases where mitigating factors exist.

In robbery cases, Geoff frequently negotiates for reduced charges or lesser sentences, emphasizing any favourable aspects of his client’s situation. Working closely with the prosecution often requires seasoned expertise, and Geoff’s decades of experience equip him to negotiate effectively in his client’s interests.

How Evidence Affects Robbery and Armed Robbery Cases

The type and quality of evidence in a robbery case heavily influence the defence strategy and possible outcomes.

The Crown’s evidence may include witness statements, surveillance footage, and physical evidence such as weapons or stolen property. Geoff Green thoroughly examines each piece of evidence, looking for inconsistencies or procedural missteps that could support your defence.

For example, he may challenge whether a witness’s recollection is accurate or question the chain of custody for physical evidence. Any missteps in how evidence was collected or presented can strengthen the defence case, possibly resulting in the reduction or dismissal of charges.

The Role of Intent in Robbery Offences

Proving intent is essential for a robbery conviction, as it differentiates robbery from other forms of property crime.

The prosecution must show that the accused intended to steal and used or threatened force during the act. This can be a challenging aspect of robbery cases since misunderstandings or lack of intent can often be the basis for a successful defence.

Geoff Green assesses every aspect of the case, from client interviews to situational context, to determine if there is an argument for lack of intent. By demonstrating that a client’s actions were not aligned with the criminal intent required for a robbery conviction, Geoff can often secure a better outcome.

Frequently Asked Questions about Armed Robbery and Robbery with Violence Charges in Alberta

How does the Criminal Code define robbery involving violence in Alberta?

Under the Criminal Code of Canada, robbery is defined as taking property with the intent to steal while using or threatening violence. This can include acts such as using weapons or physical force to intimidate the alleged victim. Because it involves an element of violence, robbery is considered a serious offence that requires an experienced defence lawyer.

Is it possible to face life imprisonment for a robbery conviction in Alberta?

Yes, the penalty for robbery in Canada can be life in prison, especially if a weapon or extreme violence was involved. The severity of the crime and any prior criminal record can influence sentencing, making it essential to have a defence lawyer immediately who understands the complexities of robbery cases in Alberta.

What role does the alleged victim’s testimony play in a robbery case?

In a robbery case, the testimony of the alleged victim can significantly impact the outcome, as it may help establish the presence of threats or violence. However, experienced robbery lawyers can scrutinize the credibility and consistency of this testimony, ensuring it aligns with the facts and legal standards required in a criminal case.

Can robbery charges be reduced if no actual violence occurred?

A defence lawyer may argue to reduce robbery charges if there was no actual violence, even if threats were made. Showing that no physical harm occurred or that the accused had no intent to commit violence could support a lesser charge or a more lenient sentence, though it depends on the specifics of the case.

How does a prior criminal record affect the potential outcome of a robbery charge?

A prior criminal record can increase the penalties for robbery, as courts may view repeat offences more severely. However, an experienced legal team can help mitigate this impact by presenting evidence of rehabilitation, changes in circumstances, or other factors that might persuade the court toward a less severe outcome.

Free Initial Consultation with Geoff Green

Geoff Green offers a free initial consultation to discuss your case if you or someone you know is facing a robbery or armed robbery charge in Edmonton.

A consultation is a valuable opportunity to receive informed legal advice, understand the potential implications of your charges, and explore how a seasoned criminal defence lawyer can assist in navigating the Alberta legal system.

Geoff aims to provide the information and support needed to make informed decisions about your legal defence.

Contact Geoff Green today to schedule a consultation and take the first step toward protecting your future and defending your rights.