Robbery is one of the most serious property-related offences in the Criminal Code, combining theft with violence, the threat of violence, or an assault. It is treated far more seriously than either theft or assault alone. This guide explains how robbery is defined under sections 343 and 344 of the Criminal Code, how it is prosecuted, the potential penalties, including mandatory minimums that can apply when a firearm is involved, and what generally happens after this kind of charge in Ontario. It is general legal information, not legal advice about a specific case.
What Is Robbery?
Section 343 of the Criminal Code defines robbery as theft accompanied by violence or the threat of violence. Specifically, a person commits robbery if, in stealing something, they use violence or threats of violence against a person, if they wound, beat, or strike a person, if they assault someone with the intent to steal, or if they steal from a person while armed with an offensive weapon or imitation weapon. Robbery does not require that the theft succeed; an attempt to steal, combined with the required violence or threat, can still meet the definition.
Classification and the Criminal Code
Robbery is a straight indictable offence under section 344 of the Criminal Code. Unlike many of the other charges discussed on this site, the Crown does not have the option of proceeding by summary conviction, reflecting the seriousness Parliament has attached to combining theft with violence.
Robbery (Sections 343-344) at a Glance
- Classification
- Indictable offence only (no summary conviction option)
- Criminal Code section
- Sections 343 (definition) and 344 (punishment)
- Maximum penalty
- Life imprisonment
- Mandatory minimum – restricted or prohibited firearm
- 5 years for a first offence; 7 years for a subsequent offence
- Mandatory minimum – ordinary (non-restricted) firearm
- None; the former 4-year minimum was repealed by Parliament in 2022
- Mandatory minimum – no firearm involved
- None
These figures reflect the Criminal Code as of this page's last update. In R. v. Hilbach (2023), the Supreme Court of Canada upheld the mandatory minimum sentence for robbery involving a restricted or prohibited firearm as constitutional, in contrast to some other mandatory minimum sentences elsewhere in the Criminal Code that have been struck down in recent years. Because the law in this area continues to evolve, a criminal lawyer can confirm the current state of the law for a specific case.
Potential Penalties
While the maximum penalty for robbery is life imprisonment, actual sentences vary enormously depending on the circumstances, including whether a weapon was used, the degree of violence involved, the value of what was stolen, and the person's record. A robbery involving a minor threat and no weapon is treated very differently from an armed robbery involving serious violence. See our sentencing overview for the general principles Ontario courts apply, and note that robbery convictions often result in significant custodial sentences given the seriousness Parliament and the courts attach to this offence.
Factors that tend to increase the length of a sentence include the use of a weapon, the targeting of a vulnerable victim, the involvement of multiple offenders, and any planning or premeditation involved. Factors that may support a lower sentence, within the range the law allows, can include the person's youth, a lack of prior record, genuine remorse, and steps taken toward rehabilitation. Because the range of circumstances captured by the offence of robbery is so wide, sentencing outcomes vary more than for many other charges discussed on this site.
Mandatory Minimums Involving Firearms
Where a robbery is committed using a restricted or prohibited firearm, section 344(1)(a)(i) sets out a mandatory minimum sentence of 5 years for a first offence and 7 years for a subsequent offence. This mandatory minimum was specifically considered, and upheld as constitutional, by the Supreme Court of Canada in R. v. Hilbach (2023), a case involving a robbery of a convenience store. A separate mandatory minimum of 4 years that used to apply to robbery committed with an ordinary, non-restricted firearm was repealed by Parliament in 2022 through Bill C-5 and no longer applies to offences committed after that change took effect. Where no firearm is involved, or where an ordinary non-restricted firearm was used outside the context of organized crime, there is no mandatory minimum sentence for robbery, and the court retains full discretion within the maximum of life imprisonment.
How This Differs From Theft and Assault
Robbery sits at the intersection of property crime and violent crime, which is part of why it carries such a serious maximum penalty:
- Theft alone, without violence or the threat of violence, is prosecuted under separate provisions with lower maximum penalties.
- Assault alone, without an accompanying theft, does not become robbery, even if the assault is serious.
- Where a weapon is used or possessed during the robbery, additional charges may apply under Ontario's weapons-related provisions; see our using a weapon during an offence page for more.
- Where a robbery is committed by more than one person, each participant can potentially be charged as a party to the offence, even if they did not personally use violence, depending on their role.
Because robbery charges often involve multiple people and can carry mandatory minimum sentences where a firearm is involved, getting experienced legal representation as early as possible is particularly important.
Robbery charges frequently arise from incidents at retail stores, financial institutions, or between individuals in public. The specific setting can affect the evidence available, including surveillance footage, which is often a significant part of the Crown's case in these matters.
Possible Defences
Robbery cases often turn on identification evidence, particularly where the offence was committed quickly or by someone wearing a disguise, and on whether the Crown can prove that the required violence, threat, or weapon element accompanied the theft. Other issues that can arise include whether the person was actually a party to the offence, as opposed to merely present, and whether any statements made to police were properly obtained. Given the complexity of these cases and the potential for mandatory minimum sentences, a thorough review of the disclosure by a criminal lawyer is essential.
What Happens After This Charge
Given the seriousness of robbery, a person charged with this offence is very unlikely to be released directly by police and will typically face a contested bail hearing. Our page on what happens after an arrest explains the general process, and our page on the right to a lawyer explains how to access legal advice as quickly as possible. Because robbery is an indictable offence, the court process can involve additional procedural steps, including an election about the mode of trial, before the case moves through disclosure and toward either a resolution or a trial. A conviction results in a serious criminal record; see our criminal records overview for more.
Given the range of outcomes possible and the potential for mandatory minimum sentences where a firearm is involved, resolution discussions between the Crown and defence are common in robbery cases. These discussions may address the specific charge to be pursued, an agreed set of facts, and a joint or defence position on sentence, though the final decision on sentence always rests with the court. A criminal lawyer can advise on whether such discussions are realistic in a particular case once disclosure has been reviewed.
Frequently Asked Questions
Is robbery the same as theft?
No. Robbery requires theft plus violence, the threat of violence, or an assault. Theft alone, without those additional elements, is prosecuted under different provisions with lower maximum penalties. See our theft charges page for details.
Does robbery always involve a weapon?
No. Robbery can be committed through violence or the threat of violence without any weapon. However, where a weapon, particularly a firearm, is used, mandatory minimum sentences can apply.
Can I be charged with robbery if I didn't personally use violence?
Potentially, yes, if you were a party to the offence, for example by assisting or encouraging someone else who used violence during a theft. Whether this applies depends heavily on the specific facts and your role in the incident.
Will I definitely go to prison if convicted of robbery?
Not necessarily in every case, particularly where no firearm was involved and there is no mandatory minimum sentence, but custodial sentences are common for robbery convictions given the seriousness of the offence. A criminal lawyer can give a realistic assessment based on the specific facts.
Are the mandatory minimums for firearm robbery still in effect?
As of this page's last update, yes. The Supreme Court of Canada upheld these mandatory minimum sentences as constitutional in R. v. Hilbach (2023). A criminal lawyer can confirm the current state of the law, since this is an evolving area.